The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1857-09-03
Tie Cunningham Case.

!
The New York Times gives the follow
ing note of the Surrogate on the question
whether Mrs. Cunningham ia the widow
| Burdcll or not.
The Surrogate yesterday decided that En-.
ma Augusta Cunningham is not the widow
of Harvey Burdel!, and directed the issue O.
letters of administration to DR.. Burdell's
next of kin. The Surrogate says it has
not been left in doubt as TO the justice oi
the decision. TT, following are, in brief
the reasons for the decision:
l. The marriage was clandestine-and
there is no presumption in favor of secret
marriage neither proceeded nor followed by
cohabitOtion.
2. The clergyman selected was unknown
to the parties. re-.
3. The plai appointed was distant frcrl
the decedent's residence.
A. The onIy witness chosen to be present
was one Of the daughters Of the claimant.
5. The witness is contradicled by her own
statements made under oath at different
times, end by other evidence.
6. The certificate of the marliuge affords
no evidence Of identification.
2. The certifcat, is incorrect as to the
name OF the decedent, md eyince5 ignorance
or error as to the place of his nativity.
8. There were suspicious circumstances
attending the transaction.
8. The marriage was net confded to any
member of her fl miIy save one.
10. There was no private or public act of
acknowledgment, no ohabitatiOr; but the
alleged parties lived as single persons.
IL. On the part of the claimant there
were confidential relations with other per-
sons in respect to whom the deceJent charg-
ed improper intimacy.
l2. The terms Of the settlement of the
suits alleged to have led to the marriage are
in writing, and exclude the assertion cf 9th.
err terms,
i3. The marriage took place after the
settlement had been concluded and carried
out
Il. The claiman: executed written instru-
ments to the decedent in her own name af.
ter the marriage. She assigned judgment,
he drew check to the order. She endors.
ed it, and he swore to the affidavit, on all
which she was described by her own name.
l5. At the settlement, she stipulated for q
rev lease of the house.
l6. Shortly before the decedent's death,
she released all causes of action, and Uban-
doned her agreement for lease.
II. He spoke of her with contum ely and
reproach, and made repeated declarations
against marriage.
l8. He was determined to compel her. to
leave the premises, and new lease to an
other party was about to be executed
q 10. The marriage was first announced
after his death
Mrs. Cunningham bore with fortitude the
announcement that the Surrogate had decids
ed against her claims to be the widow of Har-
vey BurdelI, and so entitled to a third of DR..
Burdell's estate. She said she was prepared
to suffer any injustlce-expected it, indeed.
She says she will contest the matter to the
last.
A misnpprehension prevails respecting
Mrs. Cunninghanl's present condition as q
criminal. 1t is supposed by many now that
the decision of the Surrogate has destroyed
her claim to portion of DR.. Burdell's pro-
perty, sho must te at once released from
prison, as size has committed no legal offence
in the procurement of the bogus baby
Such, however,, 70 not the case. The Judg-
ment of the Surrogate's Cour: does not af-
feet the movement of the Court Of Sessions.
The District Attorney will carry the charge
Of felony before the Grand Jury, and if in
dcted by that body, she will undergo trial
before Petit Jury. Should she. be acc fuit.
ted on that charge, she will BE- liable, to-
gether with her daughter, Augusta, to an in-
dctment for perjury. She made an afida+
Wit that she was married to DR.. Burdel, and
Augusta swore that she was present ct the
ceremony.