New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-02

e''eI - did rot II was only clumsy imitation Of the
nde in which honest witnesses fix dates. Some tune
% Inc had stated H. Joke to Of his clients that the
",,Iy way 10 coroboratc Augusta was TO have some
Lody meet the wedding party on the way aud 10 In
due time comes Jonathan Ware aud sweRo
that be did meet them. DR.. ware stWs
flat he never told of this meeting to any living person
until Mr. Romano called at his Office upon that
very business. Asiute counselor Ready witness
Bv the testimony Of Mrs. Wilson, the statement OF
Dr. Burdell to her was, that Mrs cunningham s ac-
ouaintance with him grew out of his doing sOne don
tietrv wulk. She aiterwaYd met him at Saratoga,
She called herself itch and showed him title deeds.
She comes to No. 81 Bond street to stay few days
with Mr. Jones; che likes it 20 well that she resolves
10 ,tay there DENIS Hubbard aud her husband are
there and in their domestic troubles she takes DENIS
psr and her name bgures on the papers III that case
as DENIS next friend. When Mrs: Jones leaves she
succeeds in getting the house, and she asks Mis- Will
son 10 use her influence in her favor with the Doctor
The first difficulty grew out of some anonymous letters
said TO have been written by Mrs. Cunningham.
This perhaps may not have been serious. Augusta
stated on her cross-examipation that the quarrel
was between Mrs. Cunningham and the Doctor; but
very soon she became jealous OF him. Though he
went out with her and introduced her a. rch WIDOW,
vet he never made any progress toward marrying.
Hannah Conlan says that when Burdeu was
there boarding, he went out with Demis Hub
bard and not with Mrs. Cunningham. She
became hostile to DENIS Hubbard; poison was
found in DENIS roOn-tbe intention being probably
To get out the idea that Denis intended to poison Bur
DELI Buide laughed at the idea. On the list OF July
things were worse. At that time che put Hannah
Conlan Augusta and another IN an adjoining room ana
She cot into conversation with Burdel and tried to
get him to make admission, but no did not 90 80,
but put her out OF the room. Sool alter the Doctor
&, a.ed 10 take his meals in the house. They have Ia
r duced cloud of witnesses who testify as to the
acts of fondnts So between them; but examination
which q friend made for me shows that they existed
previous to May 1856 after May they are scarce and
after July they only exist in the lips OF Hester van
N... and Catharine Lamb aud the most remarkable
circumstance is the free confession of the intended
marriage by Burdel to this dressmaker, Hester ' an
N,ss and her chambemaid, and yet he threatened 10
kill Augusta if che divuged the fact OF the marriage.
The defense attempt to say that their living thee
daily and lOury lie Of the relation that eAsted DC
tween them was to keep the matter secret ana yet
he freely told the fact 10 dressmaker and her cnai-
ber1naid without any caution for them to keep
the matter secret. Aside from the testimony of
these two witnesses there is an absolute dearth OF
evidence of this kind. In September there was that
violent outbreak, when three policemen were called IN,
and when she said that he had ruined her and her
family; suppose that she alluded to his alleged Sc
duction of her at EzabethpOrt, to which she swore
subsequently in her petition III the private SUIT, but
afterward modified the petition and made II case OF
rape Burdel never ate in his own house during this
ALLEGED marriage. He always declined when they sent
him refreshments. The servant girls testify that they
never saw Burdel in her room, though they saw Eckei
and SDodgrass there repeatedly. during TINS enllre
period he rarely went out with her, II he dd at all
She did not cOhabit with him during this time, but
With Eckel, and Burdell said he knewlt. Inc very
Gay before the marriage he tries to get Mrs. Wilson to
come down and take the house, as he says he cannot
live there any longer with that woman. He said he
would get her of the house if he had to pay her Tor
going if he had to pay the damages Tor putting her
out Your Honor has seen what the letters were he
wrote TO DENIS Hubbard about this wOnaI They were
expressions of vehement sntpathy three days alter The
marriage. On the day the suit was settled he told
Crombe in the presence OF Thayer hef counsel tate
would not many her, From that time until his death
these conversations his part grow thicker and thick
En- and they fill up large part OF tins case cannot go
over them in detail the time will not allow Aud dur
il all this time he is making negotiations to get other
persons TO take the house. That with Mrs. Stansbury
was cohsumated the day he died. and the papers were
only prevented from being executed by Burdel death
by yiOlence.S These declarations were not fraud u
cOhce al the marriage from his fiends. These declara'
tons were true indicating the facts and bis feelings.
He says she watched him. cloud OF witnesses con-
firm that. He lived under system Of espionage.
His office boys were set to watch him. now come
to Mrs. Cunuinghams statements In December
she said to Eraslus Wilson, DIR. Burdel would learn
to behave himself before he left the house.. In
December, Also she said to +. Il. Roberts, DO
you think l would marry man VINO loatnes mel Is
that all expression for a woman to use III respect
to her husband for she purpose .;' OF ein' wa!
a secret marriage At this time IL wa.,
foo when she told Roberts that she nao Deeh
10 nen ho soid To Mary Donoghue that he was
AZ .,perate character-a dangerous and bad man. To
Mis-. Dennisoa about New Years day che SAID that
Dr. Burde had acted like Cain" On the 9th OF Jan-
uary she told Mary Doneghue that she wanted her to
with. 70 the payment of some money to the Doctor;
that he was cheat, ard might deny the payment On
the 3Oth of January she told Hannah Conlah nat "
Burde night never live to sign the lease, which he
had that day agreed to prepare to execute. Were
these the declarations of wife On the subject OF
secrecy she particular to observe his declaration
that she would not disclose the fact OF the relation.
Even when she knew he trying to put her out OF
the house. she did not tell it, and thus prevent him
from doing So Was it because she had romantic
love of truth No. There was one man i'll the world
l. hat .npH
and that man was Harvey BurdvD She only waited
his death to state the fact To the world. come now
TO al important piece of evidence That's the records
of the settlement OF their suits. They alone throw
the idea of marriage out Of the question, II there
were 10 other testimony in the ease The suits We're
commenced against him Oh the 10th OF October. va
the same day he got out subpoena, as 1t Is called,
calling upon Mrs. Cunningham to appear before JUS
ce t1andreau and be examined on charge of steal
ing note On the I'D these suits were settled. MIR.
Clinton put forward the consideration for this set
Element that Burdell to marry this woman. They
have attempted to show that it was sragc and not
money. that brought about that settlement. Now,
propose call your Honors attention to these papers
Before doing that, should observe that ON the I'D
there entered IN the Sheriff office two papers one
of which 10 a stipulation that Burde Will not sue her
for having commenced these SUITS That Is the frst
step in the settlement. Then there are Two papers IN
BuIdells handwriting one is g.neral release dated
Oct 49, that was found in Mrs Cunningham posses
ton-she having deposited it with Ecke. The 0thern
paper without date but is AL agreement on his part
tia, he will be friend of the family and that he will con-
tLue his house to her until the lease expires
The offset Of that agreement considered IN connection
with this payment, is that he agreed to let her live in
his house up the expiration of the lease, when the
consideratos for which the suits were given, mar.
rage exngushed the cause OF action tor SANDER ana
breach OF promise. That would have been the state
Of the cause if this paper had been executed. On
that paper of the part by which he spu-
lates that she should remain rs long as he did. That
was probably crossed out by him, growing out of her
ala t..nnd afnfe IN hlx