New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-04

.;.Sss his objection 70 remain. 4 certainly should
he msss more explicit. II, rather han disclose 20
what be allades he prefers h% ns ee ,s nOa'
The r,csrd ia, course viii ee TO be 'sksn mere
foIs rove yeur Honor ihA; the be stricken nom me
NJ Esv.rd.-You- Honor viii perceive thst TIE first
ssue Is sutfc ent, and there 10 neSTs"y ss as.
of this csse 10 put this on paper al. SaPpoee tnN
Won, Honor should decide thst this MIS- cunningham
vas Mr., Burdel then any OF Us nave tlg9' ~ say
,hs, she has no right 10 sdmlnhxr IN resslu ~ -oS
estate because che is married ~omsn' quo s,;na,ra
,sd voman she could ret take letters OF admiuIsra.
IN concaye tha, If yolr Honor should suiAe IL
out shJuld have the sdvsntsge OF IL. -. ,,,,,a
SurroSste-The object of pesdIDgs Is to give notice
70 the r,sI eciiye parties OF the mafefs WHICH se "
tried and 81 The pie adipgs ought 20 oe competed oe
fnrs the Cont proceeds 20 NAL have no doaO''
therefore that the other side Il entitled 10 tioe ~
cifc allegation thst point ~lh let ms a nae
stand unil the next bearing IN thls ease of tne con
end. ration; but az thst Peried slsl eau upon you "
name the party or withdraw ;hs, allegation
Mr. Edwards To save your Honors time respect
fully decline low 10 mike the objection more specihc'
The Rev. URI,H MARVIN, sworn.
SuIrogse-Wbat Is your age \. Wa born IN
SuuOgsie-whsi is yOar occupation A. Clergy
usn.
M ClntOn-You are clergyman in this ciy' A.
Yes, Sir.
Nj Clintou-And have been for how long A. Two
years the It'll OF April.
Mr. ClDton-Oi what Church 4. Reformed Dutch,
corner of Blocker ana Amos.
Mr. Cnton-0R the Isl Of October last did you
marry any person A. | married two persons In the
evening Of that day.
Mr. Tiden-Let the witness produce the record
Surrcgste-Thst is your reg ser of marriages, SIR
A zee, Sir.
Sunoc ste-Resd il, ii You please A. "ls56, Oct.
2Sth. -" Harvey BurdeI Emma Augusta Cunning.
hsm; opposite the name Vi Harvey is s. meaning
single: opI ose her name Is W. meaning widow;
opposite biz, New York, sgnifyug nativityi oppo-
sic hers, "NewYork CITY, signifyiog also the p.ce
OF her nstivity; opposite he's name, 81 Bond-st,
nearing her residence opposite his nsme, w, sig
nifyipg white color, opposite hers the same opposite
both "732 Greenwich-st,' the place OF marriage;
opposte his name "a his age; opposite hers 80,
susts Cunningham 81 Bonds'. daughter OF the bride
That pencil mark written at the time the other wss
written in ink.
Surrogate-Do you offer this in evidence
MI Clntou-les, Sir.
Mr. Edwsrds-Sgbiect 70 our objection.
Mr. Cnton-How many times did yeu zee the gem
tlemsn whom you married. on that oscssion dunug ms
lifetime A. Only three tunes.
Mi Cinior--When did you frst see him! ~ II
was tie day OF his marriage.
Mr.. CIinton-When and for Whist purpose did he
call 4. saw him at my house some time IN the
morning; i cant tell the precise hour.
Q What did he say \. It's perhaps, impossible
for me to give his Identical words; he came tor the
pUpose-
Mr.. Edwards-I object to that.
Mr. Tilden-What did he say A. II is impossible
to remember the exact words
Mr.. ClinioH-Wbat was the substance of Whist he
said A. He wanted me TO fix an hour when would
many him; the hour wss fixed f,r = o'clock that
evening; but l should remark that at that time OBJ
tanned these things on the register obtained them
from him; everything about both parties.
Surogate-By Interrogation A. Yes, by asking
questions.
Surogae-Dd You mske memorandum A. Not
in this book, but separate piece of paper which
copied into this book.
Mr. Tilden-IIave you lost that memorandum A.
4 haya NJ frotit i'm my dp2fIOy thOsQ
things after they are copied into the book.
Mr.. Tiden-Are you sure that has been destroyed
A. generally throw them into basket to kndle lire
with
Surrogste-Was that copied into this record before
or after this marrisgel A think it was copied be-
fore, but won't be positive.
Surrogate-Whst s your habit in tha. respect A.
To copy it in before the marrsget place and then
if the marriage should not take place the entry
from the book; you will observe by looking into this
book one or two already scratched out.
SurIogate-Was there snythiog else occurred except
what you have stated A. There might have been
something said in reference to his bringing witness;
/ occasionally speak Of that to parti 3.
Surrogate-Do you remember whether you asked
anybody TO attend for the purpose OF identification
A. | cannot say.
Mr Chnton-I understand that that is your habit
A. That is my habit
Mr. CntOn--Hlve you any resson TO suppose that
you deviat.d from it on that occasion A. No, Sir.
Surrogste-Dd you ask the parties whether they
belonged to any other Church or Congregation A.
No. Sir
q. Was there any particular reason given for apply
ing to yOul A. No. Sir
O. You didn't understand what denomination they
belonged tol A. No, Sir.
Mr. Clntor-Wben did you next see that gentle
man A. think it few minutes after that
evening
MIR Cinton-Hsve you stated in what month and
day that was? A. Yes.
Mr. ClInton-Did he come to your residence with
any one A. He came with woman to whom he
was married and a young lady whom the woman rep
resented as her daughter.
Mr. ClntoD-Haye you seen the two ladies' since 80
as to be able to identity them A. was subpensed
TO attend the Coroners inquest the Sabbath after the
murder and was there after noon, on which occasion
l saw her and her daughter, whom know was pres
eBt
SunOgste-Her name was Augusta Cunningham
A. Yer, Sir, Margaret Augusta Cunningham
Surrogate-Do you mean to say that Mrs.. Cunning
ham was the same person you married A. AT the
time saw her didn't recognize her as the person
married; was then shown into another room where
Margaret Augusta Cunningham was her recognized
a. the witness TO that marriage.
Mr.. Clinson-State whether or not you have since
been able to recognize the person known as Mrs Gun
niDgham as the person you married! A. Some few
days ago che sekt for 10 call upon her at the Tombs
went and the first look of the woman, 1t flashed more
upon mind than ever that that the woman mar
RED or in other words, she then resembled more the
woman married than che did when saw be; on that
Sabbath.
Mr.. CliDton-Were you satisfied on thai point as to
whether she was the woman you married A. am.
Mr.. Clinton-Perlectly A. Perfectly.
Mr.. Clinton-Now we will 60 back TO the interview
when you married them. You state that this gentle
man came, and witness; be kind enough to begin
there snd state the rest of the interview State Whist
traDsp pred. A. My first remark coming into the
room II was up stairs when they came was, "Yos see
that am punctual then asked the of the wit
ness she gave me her NAME and wrote 1t on slip OF
paper.
ounogste-Whog gave you her name! 4. The witness
herself The 10 be married then remarked that