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

Once mere the bold bad woman who has filled
50 large space in our newspapers duriog the
present year looms up, and ccmpeis us to exclude
| other matter to do justice to her yillany. Yes
| terday roon, Mr.. Surrogate Bradford delivered
! the Judgment that has been 80 long expected in
the case Of Mrs. Cunnirgham's application for
letters Of administration Of the estate Of the late
| Harvey Burdell, whose wido1 she declared her
self to be. The Surrogate of course decides
| agaus! the claims of the presumed widow. He
ellis us that though the labor of cOllating and
| anay zing the very voiumiuons evidence in the
case was arducus careful study Of his analysis
| left BIN no room whatever for doubt. He has
not lie least scrupe in deciding that the secret
marriage never did take place, and that Mrs
Cunning CHAM never wss the wife Of Harvey
| BurdelJ
! La one Point of view thisdemolishes the widow
as We presume that she will rest content with this
decision and not provoke further defeat By in
shutting an appeal. Her long cherished hopes
are thus darhed the object for which she waded
through sll this crime is gone forever. But on
! another hard when we come to examine the effect
| Of this decision or the charge Of which She now
stsDds accused, it seems quite doubtful whether
Mr. Surrogate Bradford may not have helped
her as much here, SIS be injured her there.
She is Low in custody on a charge Of producing
or attempting to produce supposititious Guild
with 4 view rrauduently 10 intercept the inheri
tarce Of the late Harvey Burdell But if she
was not the widow of Harvey Burccll, no child
! OF hers whether suppositiGous or genuine-could
intercept any inheritance; aud the production of
Toe child would cease TO be crime within the
meaning and intent Of The law We do not
mean 70 say positively that this constitutes a
valid defence to the charge on which she will
shortly be tried; but 1t is, we presume the bes.
defence that can be urged, AID Mrs Cunning
hams counsel are likely to make the most of it.
II will be matter of public regret if it should
be held by the Court to constitute bar TO the
punishment OF this very terrible creature.
No one who reads the careful and closely ar
gucd judgment of the Surrogate eau fail TO be
carried away by bis reasoning, Aud to concur
with him in his conclusions. He evidently
thinks, and the evidence justifes him in conclud-
| ing that while Burdell was at Herkimer on the
day of the supposed marriage Mrs Cunningham
was in fact married to some one else. Who this
some one was the Surrogate docs not hint though
nc refers twice to Mr.. Eckcl, ard not in very
complimentary terms. We will suggest TO
the District Attorney that |. is high time this
''some one should he hunted up. We are hear
ing of light on all sides; Catlin is said to have
taken Mr.. Hall TO his bosom; Miss Augusta Gun
ningham, whose health is much shaken by the
trials she has undergone in the service Of her
wicked mother, is understood to he ready to tell
what she knows; young Snodgrass is popularity
reported to be uncommonly communicative in
social intercourse about these times: even Mrs.
Cunningham is daily expected to confess: yet with
all these channels, which are preparing to give
us floods Of light, we are u much in the dark as
ever on the material points of the story. Who
was the man Mrs Cunningham married.
| OF the main figure in this black drama there
Is really nothing 10 I've said savc that che deiies
all the known records of crime for parallel.
! Assuming the Judgment of the Surrogate to de
eide the truth, this marriage must have been
planned, and, rs consequence the murder
which gave it liz value, a. far back as early in
October She must have lived through those
| fearful months of November, December and
January with her dreadful purpose in her breast;
70 little conccaling it, or 80 polpably bctraying
IL, that the poor sretched victim could not help
telling every one he knew that he stood in fear
OF his life from her. As February approached, and
she came to know that ne was sincere and rcsolute
in his purpose to get rid Of her, her design must
have been strengthened and confirmed; but II Is
not likely that the immediate decision to do
the decd was more than few hours prior
| 10 its commission When she learnt that the
papers which were TO turn her out of house and
homo were to be signed next day, she probably
made up her mind to strike; aud that very even
ing between six aud eight, with no one to help
her very likely in the midst OF burst Of simu-
lated affection, the man may have been struck
dead with one blow, ard HACKED, 10 blind wo
mans fury, af,crward.
Ofihis the truth may never be known. But 20
think that even ;his depth OF crime was not
enough, and that the production Of false baby
followed as n matter Of course Where shall We
lock Tor such complication Of iniquity? Fraud,
perjury, violence, theft. murder; the despoiling
Of Other mems children ard the raining Of her
own; the violation Of every moral law, in the
space ola few months where shall we find any
thing Ike this, in all past tins:
Justice is often blind, and no where 70 often
"a in New York; but II, as there seems 10 be rea-
son TO fear, shc lets this woman escape, il will
become question whether courts are Of any use
at all
~ n
detailed to examine the condition of the ferry