The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-04

committed 1t No 81 Bond street, N r hope shs Win
be punk he'd severely; think she must be guilty Have
ou seen bert Give me description OF her, and her
dauebte" Thai In the last letter depo0ent received from
him. and which dated April g. 1857 he says abiding
TO aid murder "I thank God clear OF thai crowd"
part Of sad letter does he state that he
and said Emma or had seen under any engage
mens or promise OF marriage, or that he expected TO
marry her his return 70 the STATE Of New York De-
urther says thai Is utterly untrue that Mrs. Lpc
or any Other sum TO keep ava, the letters Of sad W. q
ny de from person. that any promise Of money
assistance, or any Tiers or Of money or induce
scrptcn have been made 10 him by said Lecaia or any
ethel person persons by behalf OF said Mrs. Bur
ds to keep away AID letters or IN any way or MAJ nsr
for administration upon tho efecs OF Harvey Burdel;
but that on the contrary depoueot has for some month
he believes through the fundamentally Of the counsel
oppos ed to Mrs Burde 10 aid and assist them Ia their
opposition to her claim for administration That for that
purpose B. Tracy, ESQ.,, has repeatedly consulted with
deponent and endeavosed TO get possession Of the
leuers In deponent's charge; that said Tracy first
mouths and half ago, and again on Monday a5,h Of
May, he urged HIM 70 give him said letters, sad
that said 18th or May said Tracy aed him how much
would he like TO 60 to csfo'ns; and upon seOousnts
askirg the reason told him he the the heirs OF
Bsrde had picked ost 70 60 TO California and see White
head; that they would pay him as much a. be
earning, and reward him handsomely u he you'd e ~
work and help them that various parties calling on depo
involve his family the litigation, came tn this city Of
New York Tus sday last and on hts arrival on Wed
s b ns e ~ p naS sa Nm
bis conclusions in the matter, he ives about returning
70 h bone, when he was requested by her counse 70
main until his statement could DO reduced 70 sfadxvtt
he been informed that Immediately ater bis do
psrturs the agents Of the counxe opposed 70 Mrs. Barde
sOp!ed to bis father ssid Wnism ayde' and to biz
father about 10 years Of aae and quite nfrm IA
entire stranger TO legal proceedings and easiy ntimi
A.,.Al L. Ao.
frightened into making such afndavis from official
influence Of said Tracy as District Attorney for Toga
without due reflection and while such fear. That
attempts made TO Dtimidse deponeut, and under
state or alarm herefom de ooaent LEFT wsverley; that
pooent supposed that said Dtrct Attorney had instituted
,ome proceedings against himself for refusing deliver
said ters him. Deponent further rays that said To-
ssds Hyde ola no. az any ame say "a Of
Burdel Mrs. Cunningham Deponsnt further says that
be promised 10 any person To send sad letters Of his
give them either Of the parties gating In this matter
that he old say To Tracy, Esq. that che (said
Tracy Were not empio Cd oy the heirs o. sd ad
was-''f You were NOT one OF the counsel for the
heirs Of Burdel, might tell you something" Depo
further says that TO the 9th day Of May he had
seen to his knowledge, either Of the counsel for
Mrs. Burdell, and never, at any time, had any com
10 ,Ds arrival Of ocaaa HYDE and NJ Wit on the ah
Of May, all applications negotiations and opportunities
for ad letters the contents thereof came from persons
W
Burde and deponent admits that prior tho trial at the
Oyer and rerminrr in May last that he said and wrote
Various pss pruacs % her. oa; thai no part
made to him by various persons and from the accounts In
the public newspapers, aud that bis feelings were very
hostile to her. Deponent further says that neither said
Emma A. Budell, Locsda Hyde, any behalf Of
them, either OF them, has ever, any occasion
any me- 0esed or - ener
cuniary reward other recsmpense OF any what
ever, nature description, for aiding said A. Burdell
txfuro
tho letters written by his brother W. c. Hyde, nor docs
he expect, will he receive any reward gin grstuty
ding the raid letters Deponent further says that he
has uniformly refused to make affidavit in this matter,
nor wIuld he now mako but for the fact Of the a isv
Of the said Tracy and Uphsm, and that he now deems
bis duty to correct the msatemens therein In reference
% himself, and that this affidavit is made voluntarily for
hat purpose, ~ an act Justice 70 Mrs. BurdelL
Sworn Deeor. N. .hl. Is. day orJun., 1851 p In,
Commissioner OF Deeds.
The Surrogate said that he would not hear any arGu
nent the motion for commission then, but would pro
,eed with taking the testimony.
FURTHER TESTIMONY ON BEHALF OF DE- BuRDKLL's
RKLATIvRs.
Samuel Earle, sworn and examined by Mr. ruden'-rre
sde In HerkimeF village, in this State; thirty four
years Of age; am lawyer by profession, practising for
twelve years; acquainted with the late DR.. Harvey
familiar with him for the las, six years had business con-
nectcus with him Dr. Burdol owned real estate In Hor
kmer, and had money loaned there bond and mort
gage; saw him often he came 70 Herkimer;
him the 18th II August last his business there then
to receive rents and collect some money . mort
ysse; drew the assignment Of the mortgage 70 Mr..
orey; he received four notes for IT, OF those
payable In January last, and another In March, saw
im nes, on the g,h o. October last both 81 my once and
had mortgage on that house. he formerly o~nef IT.
fix thai il on the 9Th Of October from the /
n The Jwtice's Court; the trial between IL in the
Mug and In The afternoon ~ ked my brother 70 try
eis sun, wanted 70 sec Ut; boTael soa MIN this
hing do he would attend TO IL himself and the
or oxing thu day was that there was Democratic con-
Tenion the Saturday Previous and sent eter to
n the candidates meet Monday; We tried this
uit The BARRON Of nr Tas los house, did try any
,her that tme; did not try any other suit in that
again Until the middle of December; that the
1py tut in Justices 70 rt ASKED my brother ~
p since be Judge; while was sitting at the table,
turing the psogrees OF the suit, Or Burdel called me
ls'uo, ana after mcments conversation again took my
ea Al the table, the juSice leaned and askcd me
: DO the gentleman was; ! told HIN = WAS Dr..
3urdell; expressed my surprise thai the Justice
I'd not know him. Dr. Durdes business with me Was In
ela,oD 70 getting couple OF notes discounted; not
b,e 10 Attend ihe poti al Interview that dag In con
sqaeJce OF the suit witness denided printed papers
OF the convention u the Saturday hts
me,view with Or Burds) after the suit tried Dr.
3urdeli walked with my Office; he asked mo how
engaged In that suit; do not remember what obscr
be made about the law suit; another crcumstan
the previous Saturday at the county con
Ion; canno nx the hour when last saw Dr. Bardel
OCtooer, W WAS oelore we steam0ON
xprss went out about three O'Clock he spoke going
o Saratoga; that Is my Impression, but Is very dis
inct my mind; | think the express passed
he village between four and ave O'Clock; observed
Dr. Burdels appearance his whskers were gray aud /
lid no, exceed an inch In length tho chin, they
~ere very hight and thn above the base OF ths ear;
hs, part u the ~hskers not gray rather sandy
v quick In speech and cIick in his motions; he
W. aeh In his APPEARANCE snd very active; bis chest
'ull, had square shoulders, and his head erect
Crosse xanined by Mrs. Cunningham counssi-There
vas only ono Democratic Convention sessou Her
simer county the Assembly nominations made;
here r-cnnd hickory pole raised on the 18TH "
september; ww present at the Convention saturday
he2jh Of ociober did not see Dr. Bardel Saturday
Sunday; did not transact an, business Monday,
but tsk I'd about H. have tried other just suits In
rsy ors oarroom the parties had oten pefore, and
djovrnsd this suit Mr.. rreVwell was The counsel
opposed IN mo- the express trains stop at Herkimer vii
ag-; nj thai time siopped there al az O'Clock;
blink late 40 End another $50; the seanbrai
press second Dr. Brdel lcft
Of jeremiah Corey tor collection wih On December L.
receit Tor them; think the Doctor held his head
straight when he walked he had been the habit OF
lorpg hb whhkers; think the color worn or
9TH OF October. there nothing 10 m