New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-19
La " INTELLIGENCE
THE BURDELL ESTATE.
sURRoGATE'S CoURr-JUSE ls.-BefoFe A. w.

BRADFORD.
James NJ Smith, jr., Recorder of the City of New
York was called by counsel for the contestants, and
sworn and examined by Mr.. Tlden-I was present at
the inquest at No. 81 Bond street after the MURDER
examined witnesses, and among others Miss Augusta
Cunning bam she testified with great deliberahon;
did not observe in her manner anything like excite
ment or agitation; i remarked that ON one occasion
she smiled; there would be delays after the
questions before the answers were made-so much so
that occasionally repeated the question.
Cross-examined-DOnt recollect what day she tes-
tilted: my impression is il was the day preceding the
service of the wits of habeas corpus on the two
daughters III was conceded that the examination
on Saturday. | conducted the examination of Miss
Augusta almost entirely; recolect advising the COro-
ner that he must return the bodies upon the writ of
habeas corpus; told him his duty 20 obey the
wit without hcsitation think this during Heens
examination; Augustus examination must have Occu-
pied several hours; endeayored 10 elicit all the facts
| could; there was great exctement the room was
crowded; the atmosphere perhaps oppressive; Il
il had been pure in view OF my experience, think
should have observed il.
Ezra Bliss, note and bill broker called by claimant,
sworn-Was at No. 81 Bond street on Sunday Feb. l,
and on Monday or Tuesday following heard the Rev.
Mr. Marvin say, in conversation, that he could not
swear positively, but there some strong points of
resemblance between the body and the man he mar
fied.
Cross-e1amined-Th was on Sunday; think Mr..
Marvin had Just been examined there seemed to be
two or three king questions he said there
difference in the whiskeIs; saw Mr. Cunningham IN
the Tombs few months ago; visited her from mo-
tives Of curiosity; had no conversation with her on
this subject have never been subpenaed here; have
been acquainted with VIM. Burdell many years.
John Counery Deputy-COrOner, was called by MIR.
Tilden to show that Mrs. Cunningham had said she
had always kept the marriage secret, even from her
own children.
Mr.. Clinton objected that this was opening new
subject was hot rebuttng and consequently lnadmis-
sible
Mr. Tilden said in the earlier part of the case, the
theory Of claimant that his was secret marriage,
but low they had evidence to show that talked
Of i'll the most open every casual occasion.
II was strictly in answer To their rebuttng testimony,
which rebutted their own testimony in the opening
of the case.
Mr. Clinton argued farther that this was trap, in
violation Of the rules Of evidence attempt TO dis
close Drummond light like this willing hostile wit
ness TO their astOnished gaze.
There was further discussion which was stopped by
the Surrogate who ruled that there evidence
of declarations of Mrs {. after the marriage, the evil
dence could not be rebuting and must be excluded.
Geo W. Parsons, lawyer, called by contestants,
testified that the case of Warner agt Grftiths came
up in the United States Circuit Court, October u,
and on bis motion, put over ul the following day
did not see Judge Dean nor Dr. Burdell that day:
X. A. Stillwell, recalled for cross-examinaton,
testified in relation the business before the United
States Circuit Court, October q the term com
meLced October 20, but the Calendar was not called,
and the Court adjourned until the 18th.
Mrs Mary Crane, his stepmother, for truth and
veraciy was very poor he would not believe her
under oath.
Cross.e1amined-There is difficulty between her
ano nv father, her husband board at No. AZ Bond
street; take sides with my father; | came here OF
ny own free wil-that vice might not triumph over
viitue / know she Is very bad woman, VINO would
to anything don't believe word OF her teS-
tmOny.
Direct resumed-I consider that evidence given by
her would be on the side OF vice; the difficulty with
nv father is in relation to divorce have feeling
against her on account Of her actions.
q L. she living in open adultery at the present
time : [Objected to and ruled OUT
CLARK 5. Putnam, dentist, residing at No. 50 Bond
street was witness in the Of Warner agt. Gnf
fifth, and showed this entry IL his diary;
~ s. Circuit New City Hall, in the Park, in Chambers"
Think Dr. Burdel was present Tuesday; saw
Dr. Burdell the street from his house to No ~
Bond street on Monday, Oct. "a was quite certain OF
the date il wss III the aiiernoon--pernaPi before
O'Clock. -
Cross-examined-I attended Court the 18th, but
another case was Cd, and Judge Dean was willing TO
have the postponed; he said he had only just
cone into the case Mr.. Barnard objected to the post
ponement and wanted it 10 go on; the entry In my
diary was made by Mr. Keiser, perhaps three days
fore the 18th think it not entered on Sunday
Mr. Edwards for contestants called:
Geo. w HoughtOn Of Buffalo, who testified as iol-
ows-I have been Judge Of the Superior Court, and
also Recorder II Buffalo; have known David NJ.
Grant about ten years heard anything against
his character and know nothing Of him but what be
stands az well az any business man IN the city.
Cross-exsmined-Haye made purch OF him;
have had no social acquaintance with BIN; suppose
he has been in mercantile business in Buffalo the last
year or two; has store there; have had no busi-
ness with him for five or six years.
d. s. Fame wa. called by contestants to substantlate
the testimony Of one Of the Herkimer Witnesses OBJ
lection was made and claimants counsel stated that
they had the of five witnesses in Herkimer to
prove that Dr. b. there al q later date than ap-
pesIed by contestants witnesses he dispatch from
herkimer containing this Information Is sgned by
Warren C.swenl. The witness excluded, and
the Surrogate SAID he was determined to conclude the
case to-day.
Henry Crane, dentist in 'Forty.third street. testified
that Mrs. Mary Cranes general character was bad
and he would not believe her under oath he is a
nephew Of her husband but took no side ia their diff
Guilty.
Frederick Y. Serbia of Newark, y. j., vouched for
David N. Grants character which he found il 1873
50 to be good, and which had remained good ever
since, as far IS he knew; would believe him under
oath or otherwise.
Mr.. Edwards asked to Introduce witness to 'now