The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-15


Of DR.. Harvey Burdel!, has been replaced by an
equally strong interest in reference to the ques-
ton Of his marriage to the woman who has re
Gently been tried and acquitted on the charge of
murder. To be sure the two questions are allied
by the closest sort of connection. If 1t be really
the fact that her alleged marriage was mere
trick and artidoe the fact of her having resorted
to that continuance would bear with damaing
weight against her on the point of murder. We
mean OF course, that 1t would be morally con-
vincing fact, although she could not agatn-no
matter what new evidence may turn up against
her-bo placed on trial for the murder. 1t is not
at all improbable, however if her c,aim to the
marriage be upset and new facts come to light,
that she might be put on triad for conspiracy
to murder. At present, however, the great point
of interest is not "a to whether enc was his as
sassin, but as to whether the had been bis awful
wife and is bis widow and entitled to her dover.
This is the question that has occupied the sur
rOgave's Court throughout the space OF time that
has elapsed from within q week after the murder
to the present time. The Surrogate, unlike
Judge Davies On the murder trial. has admitted
ali sorts of evidence bearing in the remOtest de
gree, not only on the principal facts themselves,
but on sl sorts of collateral facts that have any
tendency whatever TO confirm or to weaken the tes-
timony Of witnesses, even on uoimportant points.
Consequently, this struggle for the properly is
infinitely more interesting and involved than was
the solemn trial of the woman for life or death.
We bave had dagureo'yped in the most minute
manner the filthy and disgusting scenes that we're
daily and nightly enacted in 81 Bond street
We have have had the coarse, brutal lustful
life Of the murdered man portrayed 10 indellible
coloJs. We have had the passions Of that man
and Of that W0man-wh0 are now immortalzed
in the annals OF vice-depcted 10 every shade
and tint. We have had traced the course of those
passions from their first exhibition in the form
Of concubinage on through the varying stages
Of abortion safety, jealousy, disgust, hatred,
contention, to their final developement 10
the horrible and mysterious tragedy Of the
30th Of January. There have been enough
disgusting details brought to light in connection
with this case to make the ground Sork Of dozen
rornances of the Eugene Sue or Reynolds school,
The only thing for which the writer would have
to depend solely on his Imagination would be
some light, some purity, come truth, some innro-
cence IS q relief to the mass Of darkness. false
hood, impurity and crime, which alone the pic
ture presents. All throughout the case there il
not apparent one glimpse OF brightness 1t Is ali
disgustinely impenetrahly black.
review Of the testimony taken before the
Surrogate reveals besides these iniquities, other
startling proofs Of the general immortality.
There Is not single fact, of greater or miuor
importance, that has not arrayed any number Of
witnesses ready to swear and swearing in the afr-
native CT the question. and an equal number ready
to swear aud swearing directly in the negative.
The most reckless sort Of perjury stares one at
every stage of the examination. Father swears
against son. brother against brother friend against
friend, witness against witness in reference to sny
and every fact and incident in the case. In fact,
il the whole matter, including tie very existence
or murder Of Burdell. were. a fabrication, myth,
from beginning to end, tuere could not have been
o greater amount Of grossly false swearing than
there has been in this vulture fight over the car
case. Ii Is brutal, disgusting, horrible.
After al, the Surrogate has orly to decide be-
tween the evidence OF Miss Augusta Cunning
ham, standing alone as il does to all intents
and purposes-wi,h that evidence impeachsd
and oontredic'ed on collateral points-and
the evidence furnished by oil the circum-
stances Of the case. AS to the oral testi-
mony developed, il. l. worth absolutely rothing.
TIE only matter Of value or reliability is that
supplied by TIE attendant and Surrounding cir
cuns'ances TIE strongest circumstance 10 favor
Of the marriage L this: Here was tie cunning,
plotting, artful woman-as she is represented to
be--bIiDeing suit for breach Of promise of
marriage eeainet this reputediy wealthy mar
"A suit so well based as that he would not de-
fend It. The suit If discontinued az or abyut the
time OF The alleged marriage. What cousi6era-
ton, likely 70 be adequate aud to satisfy this
scoemiDg wouans demands, was given for the
discriminate Of the suitf If not marriage. as
she alleges, what WIS the consideration? That,
we say, Is tbe strong Circumstance in support Of
her claim. The strong circumstances ou tie other
side CT TIE ques.ion eTe-the absence Of eli mat.
rinonial. friendly or even intimate relations be-
tseeo ne pcrt'es subsequent TO the cate Of the
alleged marriage: his invariable revilings Of her.
bic brutal, insuiliDg epi'bets towards her in
speech and writing; aud drally hemeasures taken
by him 70 g.t rid Of herself end family by letting
the house to Others Between ttese two conflict.
ing series OF circumstances tie question lies: and
II 4 uptn bis views Of the probablitiea, aud not
on bis views Of the testiuony-wbioh liz utterly
unreliable that the Surrogate must actually de-
eide the claims Of the parties
We have not been able to understand, how
ever, why Il is Except that il is perfectly con-
sistent With the general management Of the csse,)
that Mr.. Eckel has not been examined. TIE the
ory Of the case made by the Burdel heirs is, that
Eckel perscnated Buidell before Matvine, the
clergyman The beet possible rebutting evidence
would be that Of Eekel himself, who has a fair
reputation In the community, notwithstanding his