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

vey Bardeli she probably is better qualified % 10 us
than any one ehe s5e may aiierp. f. hu, he question
eth remains, win t save herr
THE sURROGArES DECISION ON MRS Gun
NINGHAn'5 MARRI AGE
An impSesson seems 70 that snAs toe decision OF
the .urrcsa'e the question Of granting to
Mrs Cuppii CHAM upon the esste OF Dr. ndrde may DO
Affected BY tho recent explosion Of her plot produce
hbe heir Il natural ugh that such loea should
be eDisytsioed BY thne who unacqaansed With sne
rules which govern Judicial proceedings, and With tho in
teigeni Consistent aud faithful bcrepcs roios
oh ch chaysue,ze Mr. Bradford. But be truth Is all
that aee Of plot coun'erplo which has folio we'd
the Bond street tragedy H. ia, tho action of taa Sur
rgsie 10 concerned as ifit had hss ened No r
instance Of 1t ID before him Is 10 not IN the tesoony
In the which no has 70 decide sj0tg
be based tho evidepre which boon sue omitted
him 'h onsh the forms OF unsiu proof mo only Ia
which no would be enruei 10 consider any fast
cunning shs since IT, closed, would BY IT,
regular INTRODUCTION after application hou,d be made
" party interested ssd graz od by b, ss TO open
The cas- Tor ihss purpose. This has nos bean done
indeed, Mr. NIdeD council for the BuYdell heir,
certain the decision .oud DO IN their favor,
that a.h ugh he knew, eals Ia Juy, that hs attempt
set up neir TO tie RcIde essste would DO msds by
Mrs Cunningham, yet no refused n spply 10 Ito surro
cato sss bin! open the sfmt prof Of tho FEC,
Of aid anelt by Mrs.. Cunningham Ra vas wiling, ho
said e he csse rest entirely upon the evidence pro
duced b. lore The Surrogate on the tia.
In the spirit the California COMMISSION, which
would have caused come months delay, WA indsenite,
postponed. As the general and prrds nsia rus -
hsusi all relevant and material evidencs this sho
greater copE ence in the reguk than would 10 usual
Justifable. ..
Ah oueh the decision OF the Surrogate has no. beer
announce and no rtmaon has been made Of what RS
keN TO be, Il ls BY to DO assumed hat he has
not long since arrived at conclusion no argument OF
counsel finished tho second Of Jay. Whatever
impression Mr. Bradford may have had OF the trial
the Argument Is well Known TO be his hsb 70 look
The whole testimony before hitting hrisef To OPT
non and in case the most Extraordinary that has ever
into his conrt perhaps in any other ho would
naturally dsem proper 10 write ou the grounds Of his
decision There does TO BIO any other
tho delay IN promulgatos the result 70 which Il is under.
stood he 10 ong before the recent deveopem
He stated ehory after tho close Of the that
to decision upon IT, When the counsel had closed
their argument he gave them permission hand In any
petru written Arguments that thoy Nigh. desire
to, Remaining at the sane tme, I" do not mean 70
say that have not made up my mind, bat Il Ia
subject to . rovew Of tho testimony" This indicates
pretty clearly that bis mind then made M, and bis
constant admission, ever snce, tina; bis mind made
up - to his decision, implies that review OF the evi
depoe has not changed t.
Since the late criminal attempt has been nadc by Mrs
Cur npgham has told several persons THAI This would
bis decision IN the eWt-,hst bis mind has
made up for time. This might indicate indirectly,
though pretty clearly, how his mind ia made up Indeed,
those Who know him best, and his OF weighing
and deciding upon evidence unanimously Of the
opinion, twill be sgainst Mrs Cunningham HIS omia
sion send ont the California commission implies that no
sidered the sufficiently, established way the
other and The application for said Commission was
made b, the dosDdanss may BIO judged in which way
no considered the osAbrshod There other col
lateral fAcs thss 70 shs~ that bin decision vail ~
asainst Mrs. CuI nnghams application, and that win
give public satisfaction, and be ssained by the higher
courts OF Law 10 should no appealed ron His deci
zion may be expected In tho course OF two ihreo
weeks
DEE CONFIDENCE IN FAVORABLE DECIsfoy-RE.
y, REIsHINg TIE HOUSE,
Whstever doubts others may have ont sra ned 10 hor
likelihood Of having the urrogaios decision In her favor
Tho her ELF appeared to have entertained She was
sapeune her belief that tho marriage would have boon
affirmed. she had gone 10 the expense OF having
the house No 81 Bond street reurnchcd very consdc
rsble cost-wheher tick not cannot say She
sad 10 have asserted however, thsl since The death OF
Dr. Burden she has betrayed all the expenses
10 which che subjected by litigation and o.he.wIsc
snd Only borro~od occasion sl5 To person who
suggested to her thai Il hardly prudent her so
tho expense Of rcfurnbng the house befo the rendering
Of the surrof aes decision she replied that abe 60
ing 70 be confined in Ave weeks was no, going 10 ~,
her baby be born on bsro boards