The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-07

were found hat they for Tie Jury 10 look upon end
determine the question 70 whether the papers wtic
were N neF possession and premises which have reao
!nw case snc wn'cn upon their face show connscsos
The Court We should have doubt that these pops,
were hers II the signature identified.
Mr.. Hail. do not claim that hey are her pspsrs
The Court viii be satisfied II you prove them.
Mr. % The is one way Of giving the ssntsn
that they were found in her possession a
The Court did not. i+"O
Mr.. Hall-K policeman arrests man, aud letters m
found in his possession the question Is not are they
but did he have them
The ocwt-I wish You to connect these papers with Krs
Cunningham.
Mr.. Han-we are ent1soo have distinct ruling upod
this point, whether - Introduce these papers now.
The Court think that when such case arises wv
Mr.. HaI-we present them now, and claim that thsy
were found In the possession Of Mrs Cunningham.
Mr. CintonB your Honor has decided that the papef
were found In her possession
The Court ha, not made iecisien the subject
We win take recess until O'Clock
After the recess the examination OF Captain Nlks wa
resumed. The audience larger than at any pro
vious period since the Of the trial, and
greater number Of ladies occupied seats within the bar.
EXAMINATIONS OF CAPTAIN DTLKs.
The District At,orpey-H yonr Honor will permit me,
will ask Captain Dlls questions before pro-
coed 10 give the papers In evidence.
Judge pavies-Yes, sir, you can do so.
@ Who by when those papers were found by you'll
A. John Connery, lawyer whose name do not know,
who acted counsel for Mrs. Cunningham on the nrt
of the inquest
Q. Now when these papers found, did or did not|
Mrs Cunningham thing abor them; and II whas|
did she say9 She said the papers were hers and she
wanted them.
r.. .l- DOCUMENTARY EVIDENCE.
The District Attorney then presented the following papers,
in evidence, with found in John j. Eckes posses
sicn--
The envelope marked in pencil on the top Private
pape , John Ecsel, III Stanton street," below,
The first document is marked No l. and Is Us foows.
DOCUMENT No. l.
CNy and Cbunfy Of Neo Yo'k, ss.-Harvey B1rden, on
said city, being duly deposes and ssys that note
drawn by MIRA. f. a. Cunningham, dated about the
l2h day Of December 1885, o' six hundred and twelve
dollars and 30 lo" to dcponens order, not now IN der
That said note il either lost or has been stolen, or in
some other manner has !a.sed from the possession
knowledge Of deponent-thstt the signed or
endorsed by deponen or passed by him to nher per
son. M
swan 10 before me this day Of November, 1856. M
DOCUMENT No ..
Guy and County Of Ner Ywk.-Harvey Burdell, being
llly sworn, depoeea and that note given to him
q Mrs A. CUNNINGHAM for Judgment assigned to her
by EDWARD Perrepont Fro, amounting TO six hundred
and twelve dollar and thirty The note given
for smoun, el2 3o) dated Des H. 1885, having one
year run, with interest pay able my order and
signed Mrs. A. Cunningham Said note is lost or mis-
laid or has been distracted from my possession. now
consideration Of enng laid Judgment of S812 so and
interest TO me pronounce said note null and void and of
eject whatever, should said appear hereafter
The note was NOT endorsed by me, and is hereby
or any one ele. HARVEY BURDE1J.
Subscribed and before me this oath day Of No
vember, 1860. c. F. ALvoRD Commissioner Of Deeds
DOCUMENT No Q
The District Attorney saia a private memorandum Of
Mrs Burdelps domestic afsirs, and refrain from read
ing IT,
IN. ndenture, ua%s ,ns 'ws,a. ah) day of Deem.
Der, one thourand 'sh. hundr,d - fifty i've between
hrt part, and Mrs f A. Curuing' a g the same place.
rarity ~ the second part Whreas the said pa ty Of the
r-t Part on the erty third day of July thousand
eight hurdred and v five. recovered BY Judgment in tho
Sur me Court OF the safe of Me- York, proceedings
commenced by attachment aeainsf William Burdell, Q
rsoebt Of the State of Ohio, tn. Of seventeen hun
City dollars ami fifty four c.nts Of which has been sstis
led Of a Judgment in favor Of said william Burden
against Harvey Imrdel lcavng due me said judg.
favor of Edward Pier, epopt the sum Of sur
hundred and twelve dollars and thirty cents (s6i2 3o)
Now this indcpre ~tnesseth that the raid party Of the
first part in confederation Of hunred and twelve dol
lars and thirty cent w HIM duly paid, has sod and by
these presents doe~ assign, transfer and tho
ad parry OF The second part, ann her assigns the sad
judgment, and all sum and Of money that may be
had or obtained by thereof any proceedings
20 be bad hereupon. Anc the said party of the rst pa
cofs hereby constitute appoint party Of The
econd part and her sssgns his and la Sfu attorney
wrevocable with power sub ti,uon and revocation FOR
he use, and nj the proper costs charges of said
party VI the second part ask demand and receive and 70
out and TAX. all wti Tor the recovery
and on payment to ackhow ledge satisfaction or dis
barge the same. And attorney, nnder
or he purposes aforesaid, To make and substitute al
easure 10 revoke hereby rafy and confirm that
said attorney or substitute hall lawfully do in tho
remises AND the id party Of the fret part does cove-
ant that there due the said juie men the sum
sx hundred and twelve dollars and sirty cents and
haf he will not collect receive the same any pant
thereof nor release or dieharg, the udmcnt twill
own and allow all lawful proceedings therein, tho said
party OF The second part saving the sad party II rsa
art harmless Of ans from any In the premises.
Sc, his band and Sc the day and year rst above
written. Sealed and delivered in the presence OF
EDWARDS PIERREPoNs, T. 81
DocrNpxr No s
This indenture made the 18th day OF December, 1853
between Edwards Terrcpoint Of the State OF New YORK
rariy Of the nrst rart and Mrs A. Cunningham of tho
pme place, Cary Of the second part Whereas tho said
y OF the brit part the 2J day OF February, 1885,
recovered by judgment IN the Supreme Court OF tho State
d New foik, on proceeupgy commenced by attachment.
'gainst resident Of the State Of Ohio the Of 81
)f which 81 100 81 ha been saiis Ged Judgment IA
sor Of VIM Burde asai Harvey Burdell remaining due
me On said udems nt il favor Of d Edwards Perrepont
be sum Of ssK 80 to him ruly paid has sod and by theSe
presents DO asign the said judgment and all and
n money that may be had obtained by thereof
" on any proceedings TO ne had thereupon. And
he sad party Of the FIRST yari do hereby constitute
md appoint tie said party o second part and her
asifns biz true and lawful attorney rrevocable, With
ever OF subn ton and c,o,aion for use and at the
rolcr cost ard obarges Of the sad party Of second part
% ask, d'mand and receive, 10 sue out executions
md take al lawful FOR the recovery Of tho money
wv " '" uue, On 'ns talh Judgment, and ON pay
nent 10 abbowbdge sah faction discharge the same
Ind attorney for the purpose Aforesaid
% make and snbstutc and a pl revoke hereby
atne spj colnr ming all that said attorney substitute
hall lawfully do IN the brsi es; ami the said party
" The fret part 90 sna that there due the
aid judgment the Of six hIndtsd and twelve dollars
pr thirty cents snd ha' he will collect the
anne or any part thereof release discharge the
aid Judgment brt VIII and al o~ all lawful proceed
ngs therein the SAID party NJ the part saving the
aid party OF the hst part harmless Of and from any
n the " emhes.
In witness whereof the party The nrs part has here.
INTO set nv hand and SEAL the day and arst above
written.
On the 18th day Of december one thousand eight hum
ired and nfy i've before personally Edwards Pierre
,ont
a.
~~~~~~
tS4 20 keocived, New York, October q, lsdS eighty
four dollars and 30 100, of rent due Noyem
Der LIST, from Mrs. A. Cunnbs at the rate
NJ $500 year HARVEY BtIRfFlI.