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

/ IN
trnIsf, ImhiiVo "a s apieaIauce Of person he So.
| 10 the thtdstoy hcUt room. a. q cete which be
| thought the 18th of October; nor the testnony
! VIII b wss adduced TO show .hat between ) and 6
O'Clock of that dGy ~. BuIdell ~As present AT tho
delivery Of Mr. E'ker bookcase nor the deoiarsous
of Dlwi on The part of Dir fckei toward the docc-
deut stated 10 haze been made ON the 10Th and 9th
Of January, III the Ieseuos Of the uaimaht nor the
| testimony o. Mr.. bOu. Gs, that he was Ia company
with Mr.. Eckel the evening Of October q. II is not
necessary to ciiticse this class Of proofs The fact
that ,Lore i, satisfactory evidence pointing out the
| person who simulated tue decedeut at the marriage
ceremony il lot Important, provided stimulation be
proved. II tie deed was DONE /. Il not necessary TO
point cut the instrument.
s. The character uniformity and continuity Of the de-
| cedeLts declarations. after their harmony was dis
| turbed. and which bear upon the probability OF his
being the husband Of the claimant may thus be Judi
Gated,
(oD He niidered himself wat he'd and stated to
Mrs Crane, Mrs Denison MTs. Williams Mrs. Stans-
| bury ard tie Rev. MIR. Cox. Callahan. Ashton aud
| Hannah show that be was watched, and that they
| were set TO listen.
10 He frequently spoke Of the claimant in terms Of
| coutumcly and apprche DR.. Roberts testifes
that when cOnyefslng in October about the suits he
denied any intention to nlure the claimant, and said
he knew Of nothing wrong ON her part but that was
| an exception to his usual course. The articles OF
agreement settling the suits look friendly and guaran.
tee fricndship but It'll their reduction to writing
| shows there was confidence. Whist he thought is
apparent from other He said to Hector Moore
1
| 10 DO with her-that she acted as if she was deter
mined TO ruin him." In the presence Of Mr. CTombis
and Mr.. 1hayer, her COUNSEL October 23t, when tue
suits discontinued, he charged her with Infamous
conduct, in terms need not repeat. To Mrs Wilson
/ the last Of October, he described her as very
"urtful," dangerous woman" always planning.
She told BIN Z" she had been tn Warted in her
life whatever plans she attempted che generally car
.aid she was "a perfect fend," and "woud as soon
| dix in the street ~ not" he was AFRAID OF
herr" she was plotting" To Sir. Olney and the {,
| her as "that woman" hat woman down stairs"
and on the goth January be characterized her TO Mrs.
Crane asa very aiful woman, who would outwit the
| devil
(c) He was generally unforinl in his declarations
DR.. Walter b. Roberts states be told him " he never
intended to marry" "he preaching that 10 every
one he met" 50 regular habit. When arrested in
October, he declared to Mr. Fraser he never had
promised her; did not wish TO get married. to
Clarence Fraser he hoped hJ hands would be with
cred if he ever married" her; to Crombie, the
woman" to Mrs. Wilson, in October, he never
would marry her, and he had told her So to Mrs,
Williams in December, " che had given up all idea OF
getting him." to Hannah Conap, on New-YearsD Day,
be dsavowed matrimonial intentions IN the very pres
ence of the claimant; to the Rev. Mr.. Cox, on the
last Of January, she never had been married, and
never meant TO be married. - to Mrs. BENJAMIN, Jan.
25 "he never was married, and never should get
married" and to Mrs. Crane, Jan. 20, he never had
been married." and 4" he was further from 1t than
ever"
d. He was violent and denuncisoryn his language,
and emphatic in bis ipjuncions that Mrs. Stansbury,
with whom he negotiating lease, should never
never permit her to return TO the house. She is de-
termintd," he said 81 shall marry her, and am de.
telnined | wont mary her" she was continually
watched by her land did not feel safe."
M He determined to compel her to leave the pre-
nises.
lie said in June to Mr.. Wilson, /" he was willing
bar ia, ahor m
Hector Moore, she wanted to gether OUT in Octo-
ber to Mr. Fraser after the suits settled they
were going TO leave 81 Bond street the lat Of May"
in the same month 70 Clarence Fraser che would set
same month be urged Mrs. Wilson to take the house,
he would get Mrs. Cunningham to leave even if he
bad to hire herr he expressed the same wish to Mrs.
Williams, adding that "he wanted to get Mrs. Cum
nnela out of tie house. aud he ant to do if lie
had to pay her for going" lie spoke to the Rev.
Mr.. Cox within two weeks of his death of the contem
bury Ham all Conlan states that in the evening Of
January u, he said, How am to get rid Of these
devils must get them out of the house come way"
and Mary Donahue, that he exclaimed when he came
down stairs in The after noon, My God, whatam al
going to do with these people; they will have m. lite
at the last" TO Mis-. Crane, January 20, he said
Thank Heaven i viii be lid of them al. on the lst
of May" and to Allen T. Smith January = %
" he was determined to have her out CT the house
the LIST Of May"
9. These arc his declarations. Did his acts CORE.
clear, distinct and forcibe. She had known the de.
cedent for twenty years and called on him for pro-
fesslonal attention the latter part of November In
the course of conversation she inquired he knew
of any enc who had house 10 dispose Of as he dis
posed Of bis" and he replied shat he intended to let
his house in the Spring he did not like the parties
altogether" The subject was renewed aboat me
middle of Decembcr he then was more free, stated
that Mrs. Cunningham was "a very bad woman, and
be wished 10 get her out but she had the house until
the LIST Of May, and therefore she would have 10
remain in until them" " if she did not 90 out then
by fair means he would put her out by force, that
vhen he was in the house she continually threw her'
self in his way, and when he was out he was
watched" At this time the parties came to an dndef-
standing that Mrs Salisbury should have the pGenl
ses for one year hom the ensuing May a. $ooV per
aILum. The 18th of January Mrs Stansbury ceied
again, he toldh her he had informed Mrs. Cunningham
that be had let the premlses, and that she caimea
10 have lease OF the house fer Inc next year, az"
would not go out OF it.
This bripgs me to the consider ationof the release.
dated January "a found in the decedent saie aIei
his decease The legal effect OF tnat paper Is 10 re-
lease all causes of action; and 1t contains also d.
agreement TO surrender the premises NO. 81 Doso
street the lst dsy Of May. The third clause OF the
agreement on the settlement OF the suits originally was
written in this way: " In case remain ara oGchPy
n, bouse No. 81 Bond street, as now do, VIII rent
TO Mrs. Cunningham the suites oil rooms sne now oc
cupies third floor, attic and Gassmea o. me ra'e OF
sS0O year.. As frst drawn, the agreement was con
ditional ON the decedents continuing to occupy tAe
| nremi.es The words underscored were stncken out
bya pen and then the contract was absolate On the
18th Of January the Doctor told Mrs. Sansbury that
Mrs Cuunir CHAM had set UP this claim. Again, when
the suits were settled release of the causes Of &C.
ton was signed. general release drawn by the De;
| cedert dated October Is, 1856, was found unsigned
among Mrs. Cunninghsm's papers. Thus matter:
stood when Mr.. Fraser appears to have met
MI Tbayer and learned from hum that the suits were
not "sethed" but only discontinued. This he commu
nicated to the decedent Saturday, January 81 about
4p. M, who said, very little, and 4" turned imme:
| distely away" DR.. a. L. Roberts testihes that