The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-02
THE BURDElu ESTATE.
Final Argument or the Counsel for the Con-
testants Concluded-Closing Argument OF
the Counsel for MRS. Cunningham.
6URRO0 ATRIS COURT,


sURROGATRs COURT.
Before Hon. A. W. Bradford.
WmNkDAy, July 1.-The court opened at III O'Clock
this morning, when Mr.. Tdeu resumed his argument.
large crowd was gathered In and about the
ARGUMENT or T1K COUNSEL FOR CONTESTANTS CONTINUED.
Again. to return to the testimony Of Minis Augusta Gun
nngham: Eight witnesses positively to DR.. Bur
dels presence In Herkimer the 25th 26th 9th OF
October. He went to his Da'iv village public occa
and under circumstances calculated to attract the at
tenton Of all his numerous friends and acquantances
was the eve Of election and two political
uons and the monthly meeting OF a fire company we're
held the day Of his arrival On the Monday follow
ing there was lawsuit Other circumstances de-
tailed going TO show that it was utterly impossible that
these witnesses could have been mistaken to the date Of
Dr. Burdeps visit 10 the place Of his nativity. Mr. Ell
Taylors testimony fully corroborated by the record
OF the Delavan house Albany and could not be
thrown. Mrs. Wilson's testimony in like
rled by the officers and records of the steamboat New
des visit to Herkmer there is no reliance to be placed
upon human testimony Then what was the testimony in
troduc to overthrow the testimony Of these unimpeacha
BILE witnesses9 Iafiin down In the lightning train
and stt New World and did not Harvey Burdel
therefore IL Is argued that Earvey Burde not the
train. turned that he did not recollect Of his
five hundred fellow passengers, and 70 be appa
rem, ,ns' ne near IneH oo%e ts tne
those three days but In the very next BILL paid November
2 he paid for fourteen days. when be had been there but
twelve Next the brother OF Eli to guess that
Eli in the city week later than he had estned he could
only say that about three weeks After his dAash.sr's
death, and his wife still less certain as TO the time.
The famous patent the United Safes Circuit Court
h-e~sAt into the with great hoursh but 1t all
SUBPOENA upon Dr. Burde on the 27,h Of October when
1t clearly shown that served the 18th. The
circumstances OF the postpopemen. Of that
commented on the counsel conteudng Judge Dean
mistaken 10 the date The ev fence Of the two
Frazers was vague and ndistinct Mr. Frazer thought
R,vda In tou dava ha mot
mark bis having left town. He was then taken under the
tutelage Of Mrs. Cunningham who stirred up the dying
uaed energy of her into the mprcssibty Of
HIS and although she could not make him recolect sup
posed conversation IN her rs5ors she did make
sunday, October &C. and that DR.. Burdel sat by his
aide At dinner. He thinks he talked with DR.. Burde
about the Arzaps Bank Affair on these days, but this
subject talked OF both before and after these days
and the ony Frazer has Of fixing the day the Ill
Of S we ns sUuns Ss
Frazer and other Witnesses He that Barde was
dining with him at the very hour when he assisting
John Smith pua lng up the bookcase bedstead John
Smith that Augusta and Helen both present,
but Augusta she did Dr. Burdel I'LL after
six Frazer thinks too, that Dr. Burdell with him At
~ O'clock the very hour when another OF the Witnesses
says he them on the way to the wedding The filing
young Frazers tooth shown to be at the nou
the 2sh when number OF the witnesses declare he
nj the Artizans' Bank. Other contradictions were
pointed show the unrehabty OF these shsdowy
collections. The evidence respecting the transactions at
the Artizans' Bank also in his view extremely
satisfactory and contradictory The witness, George W.
douglas, was q man Of very arbitrary recolie sion,
and lastly they had the universally omnpresent DR. Uhl
who seemed born TO this Of all tight places,
sometimes by arbitrary recollection and sometimes by Ad.
vanong extraordinary scientific theories TO reconcile
fictng testimony. lie supposed he saw DIR. Bardel on
Monday, October ~ am now done WIN these eighteen
not see Dr. Burdell and end with Dr. Uhl who makes
asupposiion They include Eckol's man Douglass, An.
| gusa's Roberts and Mrs. CunniDghsms man Uhl.
This self radctory aud interested evidence could
be relied up,n 10 contradict the consistent reliable tes
mony from Berkimer which true, and bore the
marks OF truth ~hle this miserable collection OF blunders
aud vague reoolecons brought against H. would not boar
hs weight With The establishment Of the truth Of
thcse Herkimer Witnesses must fall all the earlier parts
OF Miss Augusta Cunnlnghams story, indeed had not
already fallen by her own contradictions, and with II
conversations with Dr. Burder, which she
relates, must have happened Sunday
october 90 they sheer abrcsons In respect
the other portions o her se she conradcted also by
extnsic testimony Al 10 the statements Of the marriage
and the visits 10 SoIenbschs, she coutradced almost
Of the cobabiiaou AFTER marriage she was contrsdced
by every servant girl IN the family who testified that they
never but once made bed In the little hall bedroom, 10
which Augusta al first said they slept Not Of them
be convinced that than slept the
bed, and they ali certain that Mrs. Cunningham slept
alone. On this point Augustus testimony completely
oonrsdicted u was on the subject Of the relations be-
tween her mother and Eckel Mary Douohues testimony
az TO the key between the rooms and tho condition Of
1 hckels and Mrs. Cunnnghams beds "a very important
and bears upon Ia face the marks Of truth Her state
/ ments were confirmed w some extent by the evi.
dence Of DR. psrmlee, who often q man Mrs.
evidence on this point sufficient TO esssb-
lsh adultery, e Dr. Burdel bad really been married to
Was the other side feared he would relate the expe
rments OF hmsc and the girls the door between the
two bedrooms 10 respect 70 the marriage ceremony.
Augusta was conradicted by three -itneses who axed
Dr. Burdes presence elsewhere times entirely
psibe with bis being present al the wedding Mss Helen
Cunningham is no, very important witness sue swore
she the bridal party 20 10 the wedding that
remained In his room and that abe and heard the
party return late in the evening But all these points
she self contradctcd. Mrs Cunningham must have
somebody meet the wedding party on the way,
and lol in due time comes Jonathan Ware, and
s.ears that he did 80 meet them. DR.. Ware states
that he told OF this meeting 10 any living per.
son, until Mr. Romsine called al his ON % upon very
business As.1e counse orl Ready witnessl II appears
that Or. Burdel's acqusntarce with Mrs Cunn srbam
commenced BY her calling upon him 70 get acme dentistry
work done she tells tells him that she was very well
qusinted with his brother John Burde she makes him
believe that she IL very rich widow she shows him her
title deeds, be meet, her mex, at the Springs, AMI
they familiar with other when che returns To New
York che goes 10 81 Bond street board wh Mrs Jones
she stops there all winter, and in the spring
The honfe the Doctor ees the house 10 her. she saying n
would make such nice home for DENIS Hubbard and they
would all be 90 happy together she then asks MS viii
sms 10 her influence with the Doctor and get him 10
marry her che courts him In every way but though the
the Doctor calls her rich widow and treats
her kindly, hS makes progress towards marrying her
He never went out With her While DENIS Hubbard was
vents her spite DENIS poison found In her ROOM she
puts the girls into The bath ad into the Doctors
10 upbrsd him fer not marrying her lie drove her
out Of the ROOM and her ambush faed her nothing In
getting evidence against the Doc Soon scr that the
Doctor stopped boarding the house and never amer that
time did he eat single meal in bis house. have
prepared chronological table OF the relations between the
Doctor and Mrs. Cunningham given 10 evidoue by the
other SIDE and their kindly relations are always stated
10 bavc existed only before May, 1855, except by
Miss Wan Ness and the servant n Catharne lamb.
The relations q The parties during the period OF he alleged
marriage must be considered. During that period DR..
Burdell never eat In his house, he always declined
when they sent him refreshments the girls swear they
never the doctor in Mrs Cunnip CHAINS room though
Bckel and Snojgrass were In her room frequently he
never went with her; Eel went out with her fire.
quen ly Burden cohsbied with her during that
tme-thh Is ectabished-but che aud Eske COhabned,