New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-25

"'""'r, o"p -. ;ony The doctor made thc chargc
| m ,be Irrsct &c ii MI Sni'o, IN S'P.coe no 10
serted n oct ~ 20 Mr. CroInb'e "e ias' VI ."o Sn'
,n,b On Mis-. Wilson, and ~ late rs Jan 20 l" Mrs
h'nn ~ xvI,tier true or false, the allegation was
100 o,d thint he believed 1t to be true June =
~, ,Ic cafe lock altered, in consequence OF havin,
lot ore of the koJs ana mat Key was discover
,red away in bag in the attic, at the time OF the
;nou,st There De no question that Mira. Cunning
Ian, had given the decedcIt note for so2 30 the
Enrdel iudgmt nt which was assigned to her name 10
rcc,nbcr, 1855 That note disappeared. On the 2Oth
Of S. ptcmber appears from Alr. Spicers affidavit
anne xcd to the complaint in the SANDER suit matters
cane 10 such pass tina. the police were called in.
The jccodent charged Mrs. Cunningham openly With
having taken the key Of the safe from his pocket,
while asleep Oh the bed aud distracted the paper.
She denied it. Davis states that shc sad he had
ruined her aud her family" "she would haye his
hearts blood" ard the sworn complaint in the Sian
der suit asserts that the Doctor esssiled her at that
time with the vilcst abuse and epithets.
Subsequently TO this, Mary DonOhue says that,
during the Doctor 8 absence, she saw Mrs. Cunning
ham ard Augusta examining the papers at the safe
She states that there two doors open while the
safc has but one, aud this error counsel urged as dc
tracing from her accuracy. Two keys were furnished
for the new lock Of the safe put in June-one was
found il the decedehts pocketbOOk; what has become
Of the other does no: appear.
3. have been surprised, on coming to examine the
papers, to discover that the suit for breach OF
promise Of marriage was originated In September.
The summons is dated September 10, and The COM
plant verified the same day. This was before the
police were called in, Mr. Spicers affidavit showing
the date Of that to have been the 2Oth September
Some time must have been occupied III preparing these
papers. So it is apparent that there was design to
bnpg the action before the middle of September. The
summons in the sander suit il dated October 10,
and the crders Of arrest in both granted in
October.
The decedent was arrested October Is. On the
same day he took cut q subpoena for Mrs. Cunningham
to appear before Justice Flandreau returpaoe on the
he in oil
possession is dated October lS, and the discharges
dated October % that the parties, probably,
came almost Immediately to a settlement. The dece-
dent said the suits were brought "to extort money,
settle unless it was in some honorable manner. No
money was paid.
The decedent declared to the Deputy Sheriff, in the
presence of the claimants counsel the day the suits
were discharged, "they were glad to let him go;'
and in December to Mrs. Williams, that he was
going to take her for stealing notes and other things
and she very glad to make settlement" Inc
terms Of the adjustment are thus stated in writing,
" In consideration of settling the two suits now pend
II lows 0''"''' ''''' lie ''' '''D'''' ''' 90 ''
"1st. agree to extend to Mis-. +. A. Cunning cham
and her family my friendship through life.
"2d. i agree never to DO Or act in any manner to
the disadvantage of Mrs. l.. A. Cunningham.
Sd. In case remain and occupy the house No. 81
Bond street now do, will rent to Mrs Cunningham
the suites Of rooms she now occupies, third floor,
attic and do'emeat at the rate Of $SlG yesT
The parts of the paper UNDERSIGNED hare been crossed
nitk pen.
There are come remarkable stpulations in this
agreement. only notice at present that the settle
mert being in writing, it must be taken comprising
all the terms of compromise and that the guaranty Of
friendship, the assurance against hostile acts and the
new letting Of the premises not conditions looking
toward matrimony, but directly away from it.
4. The letters Of the decedent to Mrs. Hubbard con-
tain statements showing the progress of the affair
between the parties On the 10th of October he
writes: "Mrs. Cunningham is about 10 take some
steps to ipjure me, think the l5th the trouble
[ expected with Mrs. Cunningham may not take
place." on the LIST of November, four days after the
alleged marriage, think that should not have
been for Spicer who joined her in her attempt to in
iure me; but all trouble is Low at an end think.
She is designing, schemng and artfu woman. Ali
her designs were to get HE to marry her; but
lshel has failed" November 18th" There is no
trouble Low between me and Mrs Cunningham. l
think Mrs. &. will not make any more disturbance,
and that she will be quiet and leave 81 Bond street
taiply get rid of Mrs. Cunningham by Spring, and
may get rid Of her now very soon: l assure
YOU a. soon as get her out Of the house shall"
5. After the alleged marriage the parties did not
cobabit together. The only evidence tending TO show
cohabitaii0n is that of Augusta and Helen There is
something strange and singular in the statements OF
these young ladies in regard to the room occupied
by their mother. fact of that kind is ordinarily one
sept in the small bedroom, second story, before DC.
tober o. and continued there until early in January;
and yet at another place her verbs are, did not
know that the Doctor and mother occupied the same
reom but supposed so." According to her account
the third story front room was not used, except as
family sittng-room, until she was taken sick in Jan
uary Augusta on the other hand, states that most
Of the time from the LIST OF May till the 18th OF DC
tober her mother slept in the thirdstory back room
or fouith.sory front room, with the exception OF
few nights before the marriage when she slept in the
the small room, second story and after the marriage
occupied the back room, second story, with the Doc
tor until the last Of December; that she knocked at
that door almost every morning. and her mother al
ways answered her, During this entire period it 10 to
be observed that Helen supposed her mother cohablted
with the decedent, though the marriage had been
saine time the eohabitatiOn was continued while Mrs.
Snodgrass was visiting Mrs. Cunningham.
Mary Murphy, who was there two months prior to
the 10Th of November, saw the wardrobe bed In the
slnall room second story, down only once. She made
all the beds; supposed that only one person slept in
DIR. Buidell's bed; that Mrs Cunningham had the
front attic and says, never knew Of Mrs. Cunniag
hems sleeping in DIR. BurdeIs room Hannah
stated that she always supposed that Mrs. Cunning
ham slept in the thirdstOry front room after MIR.
Ibayer left in the Fall. She went there at night for
orders for breakfast and saw her there in her night
clothes Mary Donahue, whose services commenced
18th November and who made the beds, never OBJ
served the wardrobe bed down in the small bedroom
but once and then she carried the feather bed to the
ihrdstory front room, two weeks before Christmas.
She saws she "always considered Mrs. Cunningham
slept 10 II THU story front ROOM" knocked there to
arouse her for breakfast in the morning. and carried
water and adjusted the fire at night She judged from
appearances that only one person slept 10 DR.. Bsr-
deils bed. two in Mrs. Cunningham's, and frequently
no one in MIR. Eckels. She saw the key in the door
communicating between Mr.. Eckels and Mrs. Gun.
npghams rooms once, and at other times placed be-
tween the mattresses on Mrs. Cunnnsham's bed The
young ladies slept in the actic She heard them 80 to
ID tba
was generally the first up in the morning the witness
stopped at Mrs. Cunningham's room at bedtime, and
Mr. Eckel was often there in the evening
=. Emily Solenbaeh testified that Mrs. Cunningham
ard Arrlista called M bar mnthers rooms No. So