The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-25

any mem06f OF h0Y Ou Ny, I'VE Ola
IL. rhcre was privaes pubic acknowIodgmeut d
oobabason but the alleged parties lived single persons
H. On the part Of Tho olainan, there confidential
relations with another person, In respect 70 whom the do
osdeat ged improper intimacy.
h. The terms OF the settlement OF the quits altered "a
bsve led TO the marriage are In writing and exclude the
a. ire parriase took place after The settlements had
been concluded and carried out.
Is the claimant executed written insrum snts 10 tie
decedent In her own rame amer the marriage She
signed judgment; he drew check 70 her orders She
endorsed Il, and no swore 70 an shdavit in ali whah she
VIZ Described by her own name
TO- At the settlement Of the quits she stipulated for anew
H. shortly before tho deoedents death she released all
causes Of action and abandoned her agreement for lease
10 He spcke Of her with con!umeiy and rsprosch, and
made repeated declarations against marriage
10 He determined 70 compel her 70 leave the pre-
mises and lease 70 another party was about TO be
executed.
20 The marriage nyss announced After his death.
This where tho proof have left tho mind Of
be Court In deuot Not only are they insufcent TO affirm
tbs marriage, but In my view they utterly negative and
Svsrurn IT, There mo- sOs So ssn o. sass
matrimonial union from the 23d Of October until the de-
cedent carried to biz grave rpeech, writing and &C
that the parties were single We dad the decsdent and
the claimant time upon terms OF mutual kindness,
attention and daily Intercourse. This concord was un
broken until the side jealousy, and on the other
suspicious Of reachery and improper dealing gave
blow from which 1t recovered From thai period
until the decease OF Or. Burden discover nothing
from the houre, and relieve himck from her pre-
renee sud influence and on tho part OF the woman
the strong position she occupied In the very
centre OF bis house. He charges her with steal
ing-.be assails him with actions for SANDER and
breach OF promise Of marriage, and then the combat
tants draw or and the suits discontinued At this
point he claimant insists that q marriage was
mstednot through affection, fer The absence of that is
sppa ren-but through fear by ntiu dston-n faot by
coercion the decedent having presented TO him two alter
natves to marry ais ssan or to face her attack and
AaFsn a n,sft
suits, II continued would have been likely to affect the
Plaintiffs character we'll the defer oRnts; and the
latter might thee fore we'll doubt whether they would
be pressed, even II he remain passive The application
OF The Doctor for q subpoena to Mrs Cunningham on
charge of stealing shows tina. he he'd no Ia
tenaon Of submitting quietly. Finally, ill proceed
ings are abandoned both sides, The terms Of tue
comp omise commits to writing, and the settlement
was closed the 23d day OF October five days before the
alleged nupas. Such an IN portant element In the
cement compulsory marriage, would hardly have
left by suspicious and vgAns party to be executed
,agopsu dnsy oonsummated both s'dee 81 nula
neOusly Indeed II marriage wero Understood as pars
of this stustmen there would have been NO formal nd
ustmelt = all the marriage ttse uniting the parties 10
geher would rave nsantAnecusly given the wife home
her husbands house without charge would By
m necessary effect have botted out all causes of anton
and reno cred ultrs and futile all agreements and al
/ eleases The whoe proc.ss or determining these
controversies hen, raises the strongest presumption
against voluntary marriage e1ded shortly to
be scs mniz, d. ano IL utterly repngnant TO compulsory
narrrse insisted upon Of the OF the settle
ment. Lei us look moment ct some OF the fats The
tat in the summon ceased 10 take his meals In
The horie Did he return after The s ged mxriagef He
had tpoken OF Mr.. Cunningham al Afu sna DAGGER
Gus woman Did he desh from ,ucb repreu nts'io3s 10
his CONFIDENTIAL friends after the alleged mxYage2 Vas
his wife he thus characterized and abused IL the most
bitter snd vepomous termsa woman whom he hae taken
nths before the world BY hts name, and ~ the partner
OF h, station and wealth? Was II proposed wife who look
new e. Of the house in the agreement Of oc.ooer 23'
cpted release Of all Of seton the lSh OF OcoberY
Vas II his wife tn whom he dealing the l4,b OF
Noven When he drew hi. check the order OF E A.
Cunnip endorsed Il in that pame and when,
by he and the day she assigned -
bin the Rurde judgmeot and On oe 1910 OF November
appeared before Commissioner ard acknowledged the
instrument Dir. Thayer, the counsel, swearing 10 her
Identity AZ Emma Cunningham was his wife the
November and found in Mr., Eckes poyes,ton, "hr,
T. A CuuIiI ghamY Was his wife VINO he feared woult
renew The s in January and who signed tho release Of
Jsuuary "a il the name az Cunpingh.m'f Again, he
letting for tho ensuing year the portion Of No.
81 BoLd street not occuoed by himself, reservinE
come sIar ments for BE- own use a., As e.y as June
traced the progress OF his efforts 70 remove the claimant
and 1nay when scene Of violence on saturday jan
pvs ises the lst 4 Nay, ne proceeded 70 coasummate
the long pendpe negotiation With Mrs Ansbury, and the
afternoon q frd., ah .nnonn ed the papers ready for
his purpose understood by be-, declared b. him.
Were per.ons standing at this point OF
hun bsno and we2 We're they mutually conscious OF law
and Dissemination, supposed 70 be equal to the
task OF fotcng him into compulsory weilocs-aleged
70 he then holding In her hands the fruits
Of that bold project Invested with right OF dover Ia his
estate, title N abie In bis house, and receive msnte
nance and support-abe at any moment to procau her
The public and enforce them before to snals OF
Justice her alleged husbAnd the eve OF signing
instT umen which In q Few months would ejcct her and
her family and introduce others IN their stead That little
paper signed by the Rev Mr. hArvne, the ccri1:ae OF
n cergiaed ths truth potent argument
ID, contemplated deed; but not sound was heard,
ard the Ct wife passed her lips Until death ar
rested the Of the ac and she de are herself
the wtow OF the deceasd Under such Startling aud extra
Ordinary circuussaces impossible " believe IN these
parties thus for the tpace Of three months dealing,
acting with and treating each o,her-esea ooldins
themselves 10 the World A. single, ard esih To-
vard the other behaving In q manner wholly uoon.
sisent with the marital rel,tion-were man and wl'eS
We must treat such q case, IN the coucusions We
draw, according 10 the ordinary course or hanan ma
ture Copduct improbable, unreasonable, s1surb and
ines pcablc In vio~ OF ono relson bat natural, req
sonabe, probable and expcsble 10 view OF another no
lsson. Possesses overwhelming power r determining
the relation, and deciding between truth and fasenood
series OF circumstances sucn IN Providence has been
developed In This case showing at every step and link
and harmonious cham OF evidence against ths
pretended marriage cannot be fabricated Ia the result
OF raural process sirkes the mind with irresistible
force leads entire satisfaction and con
the decedent was unmarried at the time he came 10 hts
unhappy death.
ruE suRRoaArE's ORDER.
srRroGAru's OorEr, CorSrr oy Nsw YorK,
Ausust "a, 1857.
IN NJ r4a1sr # ne e-dse Of Harry Barn deceased
not the widow Of The deceased and direct
Ing letters Of sdmnsiou TO be issued 70 the dcocdenH,
''N' ~ ~ '' ' A~ BRADFORD.