The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-05

technical 'produe ssnr Of Re pretended her IN other
words, for The Waut Of legal cousumrn ,iion.
30 much can be said both sides Of this question: ha
~ hasty opinion woud be Of Little value " Is sssp NJ
determined that Mrs. CunninghAm moi guilty unfer sns
statute, On this ground, VIII DO matter Of ree, that
NE authorities having the proof esapsees in hand,
did not pursue the safer course aud leave her 10
ms'e The felony, Of which, In any event. she 70 morally
guilty. LEX
THE BURDELL ESTATE BEFORE THE SUR
ROGATE.
NEW POINTS BY Kx-.UDah DEAN-m URGES THs
COURT TO DECIDE IN Favor or MRS. oUNSIra-
HAN, FOR rHB SAKE OF ESTABLISHING THE In
0lrIMACY OF HER OHILD-PREssURK on BUsI-
MASS IN THE COURT.
Before A. W. Bradford, Esq
Az the surrogates Court opened yesterday
novn,pg the court room crowded with persons inter
estd In the numerous cases now pending before the
court
AZ the Surrogate, In closing the testimony and argu.
upon Mrs. application for letters of ad
mDsrauon upon the estate Of the late Dr. Harvey
dell the counsel in the permission N put In
thereafter whatsoever oher points arg ,mens n writing
they might w.h to- Judge Dean avaled himself OF that
privilege to offer the following points
ADDITIONAL POINTS ~ Bx Jppss DEAN.
I'm the Meter Of the Personals Etsss IF Haywy Bursen,
decen sod addition 10 the points submitted the argu.
melt of The caso Mr. Dean asks permission the part Of
the claimant to sub nit The following points
l. That the contradiction that Is sought N be made the
testimony Of Helen Cunningham. between what she sad
before the Coz oDer spo her testimony IN this court
planned D. the feet that before the Coroner the fact Of the
ds when the Eckel bookcase was furnished was no,
bro ght mind After that date was fixed abe remem
where Ecsel ~ae, and that on night she
the three 20 out together Either perjury must be
ssrRed and proved against her, or the three went out
andre tt.n aht hat nigh
The policy Of tao lAN Dc~ Is to allow all persons
g. lefty, without regard r. interest The counsel for
the claimant not 70 the contestants that they would
sxaninc The claiman, es witness.
abe Surrogate informed Ibe that he had held that the
rules u evidence prescribed in the code did not apply TO
the surroRses court but that be had right In his dis
erection, call the camaut Ar counsel for the claimant
Ii,s that n there Il any doubt in case not only affect
i'g mdnoJ', bat legitimacy sch<re oil preump ions are
Javr and MT against both, Aat is right Of u. claim
out ~ BE- ssa7,inei
ms could be done by the Surrogate in the presence
OF e and the law 1t Is permitting 1t in all
in riap In o court Of law equity, ought not 10
be forbidden here because this Is court Of peculiar
ture.
This being ecclesiastical court governed by re-
gulsors Of liz ownyet rhe claimants having offered
clsm INT a. pess sbond % 70 the benefit Of the offer
The universal rule of law s that all presumpu
,otaoor If rage and legacy-he claimant Is entitled
TO these IN The present. case and particularly uis dppca.
tton here toe personal ee'sse only 70 be settled by
decree
THE RENTS OF TEE sUgpELL ESTATE.
Nv Go D. Bulsn appeared before the court and said
the hood relations and hers Of the late Dr. Harvey Bur
dell bat applied 20 hun 10 take Of the real
of the deceased ren' IT, collect the rer &o Upon This
Application he called up the Pubic Administrator for the
lesses Of No Bind street and other zeal estate OF the
aseo, 10 be able TO collect the rents II and
take care of II generally The Public Administrator
fused TO ve said eases uness by order Of the surfo
gaze Mr. Buep desred the Surrogate 10 give tina. order
The Surrogate declined giving the order taking any
acton In the premises un he has given his decision upon
the main quesdu OF Mrs Cunnnghans marriage to the
deceased He aho state that he would take rp the 70 Il.
In that In eight ten days. and would be able
II he bad bis health to give his decision upon In three
o. fcu, weeks.
In the meantime TIE real and personal estate of the
deceased remains has been, In the charge Of toe
Pubic Acmnbtra or.