The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-01
He BUROELL ESTATE.

Illnesses Testify 70 tho GOOD Character a.
pane-The Court Decides in Favor Of
ng the California Commission opening
mont Of Mrs. Cunningham's Counsel
ming up Of the Counsel for the Burdsll
nily-Tbe Contradictory Evidence Of
ugusta and Helen Cunning ham-F-
Il Argument Of the Counsel for the
Contestants,
Co., Co., 10.
SURROGATE COURT.
Before A. W. Bradford, Esq.
TEzaAY, june 80, 1857.
ourt opened this morning at 10 O'Clock. Mrs
ham and female friend were in Court Accord
sevious agreement three witnesses were called TO
a regard 10 the good character Of Mrs. Mary II
cE OF RICHARD BusTEED. CORPORATION coUN-
BEL.
. counsellor at law Of this city; have known Mrs.
Crane for at least twenty years; have known her
ely fr that time; ner character IS unquestaopaoly
ould unhesita,ingly belize 0 her under oath or
rot under oath would bar re her as soon as any
IA The hand.
grane; never heard her character spoken III OF;
heard any speak ~ a,nst herr am not her
p; have bt en- her friend and confidential adviser
ance was old enough 70 be and hope al ways 10 re
1uch-
EVIDENCE OF DAVID WHEELER.
We known hIs. May Crane for six years; known
slimssely; have visited her house; . counsellor
certainly would b. ieve her under oath not an
ih, Is soon as would any Of my acquaintances.
- examined Il have heard her mind very highly
Of; 90 not know her mother.
uestion asked the witness in regard 70 the purity
aracter Of Mrs. Crane Mr. Edwards objected TO II
op b sp the s ,n
lcter Of witnesses had been sufficiently assaulted and
oed In ths Gaze, where ii was an entirely outside
EVIDENCE OF MR.. FRANCIS couLrN.
ave known Mrs Mary a. Crane for over thirty years.
known her slice she was girl ten years old; her
srter FOR truth and yeracity Is good would believe
fnder OATH NOT ppder oath.
rosa. animation adduced nothing further, and
for Mrs Crane fore pore 10 call other Witnesses
they thought these were sufficient
Oosrti have decided, gentlemen, to issue that CON-
fss'on IN California provided Il IA taken instantly.
voluniooas charsc OF tho testimony and tie
ressure Of other business win u be able to decide The
Ne before the commission be received. the con-
assoD must be limited entirely 10 the correspondence
lou have ory Tuesday ard Wednesday for your argu
lept, gentlemen, you divide II bet seen you.
10 20 with the Parish will Thursday, as
determned 10 get through with bs fore the vacation
o c~nnot give you any longer time than two days for
our Arguments
gxHKs ARGUMENT OF MRS. cusHNaHAM's COUNSEL.
". Clinton then proceeded 70 open the dnai argument
behalf OF bis client He express, d his graiihcsuon "
10 cnAnge of ciycumstAnces surrounding her and
zen she first appeared In ,,urt charged With foul and
ir~dfo crime That charge, said be, has bean proven
Abe and entirely groan6loss In q court Of sw ana with
sk The collateral charge N her not being married W
deceased. In my Argument shan show the following
hft That we have direct proof Of DR.. Burden's mar.
eto the claimant, from all the witnesses who were
sent al the marriage ceremony.
econd The testimony Of Mr. Narvine 70 the vidualty
DT Burcel and the man he married 70 this claimant
no been overthrown, but rather oorroborated.
bird Inc testimony q Augusta .,unu,nsha a has not
The whole testino ny of the Case
ursh Tue copduct and relations OF the claimant and
peeecd only consistent wi the Idea Of marriage
seen Them, but gos 70 prove the existAnos Of such
lnh mat all the facts and circumstances taken together
the OF this rae AID that there
so4 rnge fact going rhow thai there NOD such
rage Indeed all the persons who wore present ~ the
srage ceremony testify 10 the identity Of the man mar
- with the corpse of Dr. Bsrdell Mr. Marvnes test.
vpuy alone would be sufficient establD the marriage
4sn there ~ that Of the servant Cri, wnhn Makes
,Ieaehed !, Mr. Msrvne thai IL wAs Eckei aud not
j. Barde thai married, he st teiaea " la not be
M Ecke and that the he married resembled very
1noh the body OF Dr. Burde: he couln not swear posi-
,re tue Identity Of the oody with that OF the man he
sar,ec but ~i be remembered that he did NOS rcoog
see Mr.. Cunningham when he drpt saw her ~ the wo
san be married, though she was Dressed ~ abe wN
% the evening OF toe marriage, nor did ne re-
sea 1 sSsm both aes aa1as Ho oS parucu
ofscc Of The he married. Al hrrt he thought he
light through the WHISPERS Of the man. He told
" wife Of H. and determined the next time the mao CO ne
Iarpcuzr noic, Of him. FOR he sad he would not
pve married the II his whIskers we're false Nov
Ipiab the nrst Appearance Of me pstors wbs-
rsor which being dyed, would aer shorttime be hight
near face and thus give the appearance Of seeing
g@Gefn tOem tue faCc tncn 10l-e
sbssssrs Thai my explanation Of that The other aide
brought witnesses who odned 10 hat they heard
" A1vDe say about Tho cugtn Of the mans wnisters
HON he married Ono witness aid he stated that thcs
long, smother two inches third three four
sebe~ pot his hand his bre<t said they
90 far, and at last Dr. Blssde whom they tried "
mako say came down a. far bis breast Why did they
so call DR.. Blaisde before your They feared 70 do
hey became frighencd OF their testimony, and did
apsy ms e,imopy OF Mr. Hsryine 10 stand cut promi
,snty In our caso wish yOur Honor 90 70 c,ositer IL
witnesses who have uned TO that Mr. narvine said
them, have In every mtAnce failed 70 give hs exa,i
words thsr evidence IN What he ~sid apount 10
hra The counsel xent on al great length VI review and
tncse The testimony o. the witnesses inroinc'd 70 tell
rh Mr. hsrvne said sbont the appearance Of the he
rsrea Tue couuse bcs, alluded 10 The appearance Of
". BurdeIi, oonlepding thai those who knew him ber
peakpg slowly &c with regard TO Dr. Burdclrs wnis,
ers The connsel the ether tide have gone all
provo that Dr. Burdc had 70 ~hiskers, n Last
ssy called Mr. Barr the barber Who used TO shave the
ucaer add he svore the Doctor had ~ bis beard
for months pror to his DEATH aud thus act tbs
aStH Of vhskers forever AZ rest stl now cal your
naEon 70 MT. harvnes examination, In vt ch he
dated All Teryons vho described Dr. Burdeu 70 him
nat IL the man ! married"
he neai point said the Counsel wish 70 call your a.
sntou to s the testimony o Mis- Autmta Cannnghan
he csunos be mistaken In the Identity OF Dr. rdeh
~ lssm0ny Ia positive IN regard 10 the marriage; she
uy se,,lss this case Your Bosor mus, not cannot a.
tue crime where s MT proven That pure, virtuous
Vi innocent young lady either have ,cen witness
hich 6tsie priso1 oieuoc Tor ten ytan-she must
'her have been aucr-Ory u thsi crime which would
al hci M the Stats prison tor Ten yearsshe must either
ro participate In that crime, which Va punished more
Syrrsy than mau.lsusher, vhlch only ranks below
furder and In The nrst degree and II she
0amucd that crime the also may have com.
uHkled The murder, FOR is only q little ka
FINE. All ths 70 he believed against her, her tesu
oay entirety ana entitled your creait But the
~ assumes crime, your Hosor, and there
h1s all this testimony thai shows q crime
Part Of Augusta n there Il anything contradictory
the evidence Of Miss Cunningham before The Coroner
Vi before your Honor must be remembered hos abe
Treated before me Coroner and what the severity
Der cross examination; her phyric.l condition be
ally Imagined Just sfter having lost step fAtner AMI
q mother newly married husband. Al this time che
nd her mother wcrc hop, prison 81 Bond street. and
~ allowed The privileges sorded 10 The srea,ssi
orvr praie the Recorder examined her with great
erty. In one case when the answered him question
2 exclaimed What vhail' That Is equal 70 saying,
Fou wretch, YOU, bow dare you say so,- Tnsf
rample OF the exAminaion 10 which
subjeciod and this is Sufficient 70 explain any liz
Inconsistency thai there may be In her testimony ar
NE character n hi Young lady pure there Ia no,
koung lady IN New York whose character t. Her cha
ser k a. nd chAs,e the iclce that n chilled bv
} frost and bnog- rom the spoJcss snov The counsel
! shn n thstn H..