Newspaper of The New York Herald, August 25, 1857, Page 2

Newspaper of The New York Herald dated August 25, 1857 Page 2
Text content (automatically generated)

o THE HIKDM.L ESTATE. THE MARRIAGE OF MRS. CUNNINGHAM. ? ? ~ IMPORTANT DE ISI05I OF TDK Sl'RROGATE. Mrs Cunningham Declared not to be the Widow of Dr. Burdell, too. to.. The Surrogate entered but office at 12 o'closl: yesterday, aid made tbe loUoatng decision upon the appl'ca'mn or Mr* 1 oima Augusta Ounnjuham,claiming to betite widow r the late Dr Uwtcj Burdell, for letter* of administration open hu estate ? Jn the Master i/ Ore K stale of llaror, Bur& V, ieeead ? By the law of this State marriage U treated tnoioly at a OlTtl contract, not requiring Irgsl for at?. reiig'ou* solemul tie* nor any apeclal mode of proof It isobvloj.. however, that the security or property, domestic happiness and the oroer and well being of society are deeply Involve 1 to the erection of all reasonable barriers apatrst the perpetration of fraad In re'fercuce to as ln*tltntloo wbioh lies at the very barils of private and public welfare. The polley of the \aw la opposed to coooealment of the marriage contract rubbcity afford* securly. Upon thii appicaton for letters of administration there la as effo-t to establish a secret marriage. There was no open cohabitation or acknowledgment, no mark or token of the relationship : to external anpearanoe the parties lived u single .versona, and the alleged con tract was flret announced when the lipa o the deoe lent were seated by death. In such a case there la no presumption In favor of marriage; tho presumption Is against It. There is no ground tor Invoking the charities ot the law, but the ooncealmeat excites suspicion and calls for rigid scrutiny. If a person will enter Into tho honorable ostalo of marriage In privacy, excluding carefully tbe usual public, social and UomeeUo evidences of ine nuptial co tract, so that the wife U not known until she became a widow, the claim should be viewed with jealousy as l strict nroof be demanded. At the trial I allowed tbe widest scope of Inquiry the law permits, In order that no means for eliciting tho truth might (scape. The number of the witnesses examined in this cause, the extent and complication of the testimony, and the great variety of details presented, have reodered a review and analysis of the material ."acts protracted and laborious but tbe grave and solemn duty to wblcb I was ca led, tbe Importance of the question at Issue In Its private and social bearings, Imperatively required ibat no pains talcing stould be spared In exhibiting the grounds or the conviction to which ! bad arrived. Oa tbe evening of October 26,1656, the Kev. Uriah Marvlna nutted two persons in tbe bonds of wedlock at hti residence, No. 732 Greenwich street, In this city. One of the parties was lau Augusta Cntiiitngnam; the witness was her daughter. Ma-caret Augusta, and whether the other party was I>r. Har-ey B-trdell ts the quest on submitted for m7 de cist on This murt be determined upon the cvtdeuce befsre me, afle- discarding that which Is unworthy of faith and credit. Tbe point presented for solution is a pure question of fart?bat tne claimant established a ceremonial marriage with tbe decetitct? I i shall tirst lDqulre where the decedent was about the period of time when the transaction was on fool. Tne claimant has shown to my entire iuttsfaction Uiv on Fri day, tbe 24lh, Tuesday, the 2Stb, anl Friday, the 31st of October, he was In tbe city of New Vork, and was present each of those days st the sessions or tbe Hoard of Directors of the Artisans' Bank, probably from '.'Je or 10 to 11 or 18 o'clock He left for Saratoga Friday, the 31st of October, and returned to bis home the eveclug of Monday, November 8 Mr. Snyder stales that st Sara toga tu sad be came from the West If he tad I been to tbe West shortly before, tbe substance of the remark m'ebt tare been true, but ita exscl Duroort mitunientood. The contestants allege that u was snbetam.i y true, and that the decedent ?ai at the nilage of Borklmer rti Haturda.., bunday and Monday, 25tb. 26th and trth of Oct'ber. The claimant, on the other hand, aococed proof to show he waa then Is the city tf Near York. 1 It aepeara from the book* of the LaTarge House that I*r. Bedel paid far bit board on two ooaasijoa when in lewd'nf to leave for a few dayt; no deduction waa made for ab**n:e, and <r he were at Herkimer at the time In queaticn. bla bill waa running on at the hotel Nelson Harlow dcpoaed that Pr W B Roberti performed t'-mo dentistry (or him Sunday, October 6, and Sunday, October 24, that on >he drat oocaaion "another person was present the wtole dm*'' whore nam1 be did not recolled, and that on th* eeortd occasion h* was introduced to Or. Burdell Those cater are de:ern>LQtd by entries In Dr. Roberta' bcok. Dr Roberta, aa to the Cth of October says, " he doon not know nth > war present then;" he thinks Dr Burdell was tn uAbfioe when be waa attending to Mr. Barlow's teelb, ar^mtoa, " the only way 1 bad cl determining whlen of eundayt It wat, waa the conversation about Mr rr'a naif Ling, which had taken place two or three Mm.r* before " Now, Dr Burdell. according to Mr Barlow, ^Sooreratd alio generally about the intzani' Bank, and tie oOlCMts. and wished hitn and Roberta to utke stoik to the losutu.on Bo far, the interview might have happened on tho ;Vh of <> tober, oor doea he remove It poaiurely to the 36ib when he raye. ' be ano ep>ke of Mr Fraier, at well aa I recoiiecl, and bis resignation aa Vl~e President '' The ; e neral coavervatioo aboai toe bank gives no preference to one date ever soother, and everything turna not on 'he main sub. ect, but uprn the certainty o- uncertainty of "the retignation" haritg been mentioned at the time In quenticD?a collateral or Incidental which might -?tiy ho come tb? rubject of m (take. Dr I'hl stat a the he met the decedent in B nd etreetln October, be drrguatev the time a* Mend ay the Vlb, and coliucater tbe tn'erview with the circom?tanr<" that be was then on bit way to attend a patient at Brooklyn, but he prtxluoed no memorandum or entry to Indicate the date of that suit Toe occnrreoce cf ;we events on the aaiLH day proves nothing a' to tn? tnc, unless the date of one of them be known Here the date of neither la determinable except by the memory of the wlin ?. and thus we are reduced to till bare Daked declaration 'a Jcte, 1S57, that ho >? Dr. Bur dell tn Bond street, on tbe 27 th of octiber, IS.V5, to von month- before Mr DougH*s t< filler teat be wat f itting In the ;*r'or c' the decedent a re?.Joaoe oonvctiag with Mr. l.c?e? "he aPeroton t Ben iay. October'-u, wuen Or Burdell rarer in. Inquired If some p**-oc had railed fo* him, ad dre?*ei Mrt Cuumcgbait. wbo rvea, and the two tec. the room together The wl'uesa mars* the dab' from ths ,r cums'.tnce that he ea ioJ to vce Mr Meckel In reiser,I to a < (>? > [aw for the | rehere or whlcn be wav negollil.oR I; t* mani'ert, however. from Mr ttmlth'a toat.tji ar, ih>i Uw etior. war petuPn, revcral weeks, end I should Jnoye Pom ihc intm.oy htdwcn Mr F< k?l aod M Bnngiars, ai, ' from otbor facta, U,al ibo latlcr wav out an Infri-'i -et vlaitu- at the bouse Hull, there la a decree of fKaa reaen 10 fc.a HtUmony wb: b cannot be '?r? rijoked, and if tfce bookcare wae delivered on the 'inh of October, be 1' to be tak?n a? eery dcfloltely afllm.ing ibe pre fence ol Lbadcoedect at31 Bond street on .SjBdvy, tbo?' ib. Mr Fraaer t-iprctaod tbe belief Ural be saw Ure decedent every day from the 24tb to tbe 5Hlb of' ctohe'.ati'lf ven In tbe even.eg of tae t tfi Hie language If not Te-y poaltJve ' tea; v my :.m; maston if my memory aerroe me right " Mr Fracer wax imprrweed witb tbe Idea tbat bte r,eigne lion free a frequent topic ol conversation between '.im and tbe decedent during thia period; hat it aprwere that ibe reetgne n for some time after It occurred, and tbe enneee leadivg t. it for tome tl ?e before It oceaned, vrero tbe ab;"Ct of m 'el con--.de alloc betweec himself aod tbe der*a?eu ac tba'. It would be difficult to Identify .my pa* tic mar lay. He la quite clear, however, tbat the hector w?* a' uiener on Houday Jbe aetb from recollecting thai Mr* Frarev wae absent from tbe table ibai day tn coi Sequence of alcanna, and tbe Pontor rat by b,m and b;? eon wbo wai then borne from school. Clarence Pram-r atatee that be " raw Dr BurdeLl every day" while be wae bom- laat fall, bnt In ttl* be If cortemly me tai>e*i a* to Ibe In aod 3d of November, when tbe dece dent wti at uirat jra and tbe wiitm waa la New Yerk He ateo stye - my twproantoc la I eaw htm "unday alter my father' resignaLoo," at disner "nettled a tooth for me tbe week after that Sunday " There .t no relation twtwaea tbia piece of sonuatry and tbe diam on Sunday, except each approximation of time at tbe mem ry m'ebt afford I think toe importance of the testimony of tl we two yeaUemen biegM meleiy If aot entirely od th fact whether the abaenoe of Mr* I rarer war limited t" that Mm-le day Aognatas Prime aayi Ut laty waa ai.eent , oede or twioe oat Ruaday," and Clarenoe Fraaer H at bir i met! or wae unweU and aba eat from dinnsr ti,e previoua Hunuay, October 10, aod that a.' a ' frequently aUye i away when the waa not much unwell " Ln Una ceae, then, ?e bad. er we I aa Ir. tbat of Pr Roberta and Mr Barlow, a it pinaunn of the moot important feature tending to Hi tbe time?- repel.uon of the collateral or evtrthale ?rc ir atat-.e siietir, la the memory of the w tense aa oonaoct d wttb the pr?acne# of the deoedoat Thia, of course, calla for mmte other fact to tire one ilate the preference over the other As effort ? w made to abow tbat Use d* idem ?u I 1>d41b? M id tbe i'lM Htatm Clrcelt Coort M tod**, lb* 27tb October. n tho riif of Warner ud ?.r.f fla l"bai war oa'ied Mob lay Ml Toeeday, and oo Wf larr lajr *u jk*ij>wed for arotber oaae wbtsli bad precedence On oat of th?oe nociinoa Dr Bordoll waa talroi ned w> Judge I wan, ooaaael for tba defendant. and ooanpte Dr i of the porn* moment Mr Tar lor plnaen tbe ereal no Monday. Or. Pataati or Toeaday. wblle Mr Paeme .-j* that Judye Iieaa a at bomb coart oa Monday, and Mr Barnard u.at ha w>?a tot there oo Tuarday, bat attended for tbe Crat Una oe Wednesday. Mr ' ?ef taatiiie* tbat faa tervod a eibj i ra la bat i. aura on U deotrfral, a bo at tbat II no or impasted bin to at Dr. Malo r>a thla oc oaalot Dr. Pi.tram raw tba deondrat cot'ereiny Wi.b Dr. Main oo tbe wart Now what rae tb.* date It. Putoar ia quite certain it ru tbe day be wa* i.miOed to tutea .be trial, at tbat oa Ute oast day be met botb i >r. Horde!! aid Judye Draa in ooart Tbat next lay oae Wadarti-ay ar I lut-'ye from tb< weignt of tbe crldeece. It ooni I haroly bare bean Tnaedaj, rer Mr Barnard nave .loflyr Draa ru rnt preteat than, and tbe proof* eh >m tbat tba deced at waa at tba ,\rtieam Hank unit! a late hoar la tbe mora ny nor Moodap, far then tbe tabf " oa would bare baao rerred oc Pttaday Tba attorney | ta tbe naoaa bad died, ft aavoeary tbat cji.nwl boold be called fa, and tbe day to wtuoh vbc caoee v mild be poatrooad ?u atttreiy uacrmia MiM llta ornrt opened oa M jo lay net,, amy Vat Mrr aye tbe mi bp?-an ru liar, led to bite to wrf 1 7 or 8 o i loob ta tba morD.ay Would a aebp^oa nere t aan drawn Mondar moralay tbe 27th. at 7 or 8 0 > look, returnable oa tbe 2?'.b, I afore the more bad been ra> ad, or it waa fcnooa dial it wonld ba ant down for Ute ;? b I lb nk rot. aad am satin.,-d It war oa Tuaaday and oot or M nda/ Mr l*a? tarred Dr Burdeli. On a renew of th ? eridrnor ar J bearing la mlfer' tbat Mr Praaar and .? ?a, it Koberla and Mr Barlow, datarmiaad thatr la b> feaf wbiof. ba dapl caioe la tbair main Amturaa , 1 th'"k it mer"<w< ta at -'r pirr'aae e'ande al ar a# ' "? ? . aaj |ajaiiiee mm; ?urt u<v j<vtieui waa ta | ea I At at tb* ti3M ia jceatoa I 1 Was he at this pe'tod in thev'tuge of Herkimer' Mr* W IM'D ?? d rodent's courin, mat be was at ber house. In H'-rk mer, on Haturday, S in (lay ami Monday, the ii'.h, uts h, and 27ih <>'. Ouober, aao accompanied ber to nbun h on riuixiay; mat the axpeotui to visit bo r aulrr, lira. Williams at Br oklyn, tbe same seek, and requested the Doctor to wa.t a day long,* lor ber; ine bad written to tier stater ?bo wulo be with ber or Tuesday, bin sent word by the decedent tbe would be down on Wednesday or To irsdsy, od W it needsi she lefi Herkimer ber bus bard re roai ntag on account of tbe approaching election and et AJban* tbe look ibr steamboat sew World, arrirtns at New York a late a* 3 P M on Thursday The clerk or that iteamboat p oved triat toe name Wilson wan eiotered twice la the re g>icr cfibe ladies'cab n on <0 b < October, aad lb at the b at wan detained until 2 20 P. M the ne\t day Mt W "turns tott.llrd the hail ex|?ctc 1 h?r elater, Mr* Wilson, on Haturday, October *26, her blrto cay, iweetveo a lettor aticg the w eld c me tbe next Tuesday that on Tuesday eveitiif tbe Doctor caned. stated that be bad bean to Her k n <r, had arrived thai morilng an.I that Mrs Wllnon would come on Thursday Heap he of Ute raising of a liberty pole while he was at Herkimer and mentioned t_a> bo uac been at rhurcb On rburndny, Mrs Wilson arrive* late in the afternoon and stated that ber husbao<> wo dd have aooompanled ber bat tor his wish not to lose his role. Mrs Wl.llama did not produce the letter she rtfined to, but she is corroborated In most of her mate r'al statements by two young girls l'bebe Llpptr an l Ham ah Demean The blrtbduy of the latter fell oo Hater nay. October Ift, when sbe bat expecled a pa?tv, if Mr? Wilson should arrive. This it the only time Mrs WlUoe was in New York, from August, 18SA, until the spring o' 18>l. Eli Taylor, proprietor of a hotel at Herkimer, pur chasm by blm of Dr. Burdell, stales that a law *uit, to whirli he was a party, wat riled at bs bouse on M>nday, October 27, the last day to which the cause could be ad j turned, tbo summons having boon Issued three months. Ho ass tedor tb9 Impression he observed the decedent oourertUg with his couns't, Mr Earl, during the progress of tbe trial. He aaw him at church tno dsy i rev.ous and s. oko with bttn about it. Bo says tbe decedent arrived late In the afternoon of tbe 26th, and he told blm that lie hid been to New York a fow dsys before, and on paasing Bend street bad thought o' glvlig him a call This wt'caas further added, that he loll come Friday, October 17. registered hi a nam i ai tie Delcvan House In Albany, arrived in New York on Hsiur day, went to Dannury the same day, returned to Sew York on Monday and reached Herkimer the ?ett dsy lli< broiber ana si tor tu law, roMdieg In New York, testrled Hat lots visit we. thr.o weeks after the decease of their daughter on tne 3d of "nobor; the latter savs,1 abuu" th'eo wets alter, I tbink " Thut is not a very deSaite contrsdiction; the difference Is bet veea two weeki and three; if tnree, then Mr. Tv. lor ?a> not present at the trial of his suit on sondav. October 27. Mr Taylor is to accurate, however, :t one ro?(M>ct Ho stys the I'eotdent tnf'-rmed blm Mrs. Wilson exoested to have maeo the j mrrey with him from Now Vork. This cl' cuniRiatxo oocuned a llie end of November. auJ Dot ia October Mr. r.-iylor had a rigDtor .it hts hotel, bat at Uus period It st-ens a t to bare boon gt Uorally lined Cephas Johnson, tbe Just.-e who tried me cause of Taj < Jur and U/ay, i laoea the trial on the 17th October, toe lad day to which It could bare been adjourned, for which rcaem he made a rpeciai a -;>o umeai at iijrkimor on Monday. his usual court days oclo; Tuna lay and Friday Be lecedecti that uunng tbe trial a gentleman cam* into tbo rootu aud conversed wub Mr Karl. After no lea be tnquliea of Mr Karl wbo be was, an I the reply was * Harvey Burdell." Ho states also that there was a po lineal convention at Herkimer ? Sat rday, Oc:obor 25 Isaac A Muuson. who ba? ,oq Justice of tie I'eace aul County Clerk, dig-osed thai be saw tho decedent Sa urday evening. Octobei 26, it Uie r debratlon of a Are com tuny, as the witness was on bis way to an unlliit'hed bo re lito which be moved N vemtierl3; that be again ooserved htm on Sunday gdnft to Mrs. Wilson's, aid on M.'!) '?> a the hotel where ine trial was tn progress Christopher 8. W.thcrrtein, County Treasurer, testifies that at the celebration of the Ore oompnny of which he was toriBun, Dr Burdell came up to him in the itreet. and made acme mmmeoiatory remarks iu r Ul in to a silver trumpet won by tbe company at the Montgomery county fair in September. Tbe Company were in the habit of lurnng out only on me last Saturday of each month from April tc No-ember On this mvaii ?n thore was a parsda and a torchlight procession Polpbns 8 P*yae was ab sent from Herkimer to make a political sketch on Saturday 25th of October. He returned on Sunday, and states that he saw Dr. llurdetl at tea, who uon rrrsed bim tn reference to tne poll he tl meeting toakirh be bad been, and also to regard Is bis attendance church that day. On Monday, at dinner, they tpose logether about tbo' suit of Taylor andUray. Mr Karl, wbo was tbe coimie. of Taylor tu that trial says tbe? the decedent railed at bis otlloe on Monday snoring, era was anxloas bo saonld aid bim in prrcuiing tbe ait ecunt of seme notes He came Into the rjom at the tr.al and conversed with blm. Tto Justice Inquired wbo ae was. He identities ibeApn bv a hickory pole raising, and a county cocveLjfltfsm Saturday He was dsalrous hi* brother. Judge nn, should try the causo, in order that lie might attend to tbo Doctor's business, aud likewise to a political (Dgagcment growing out of tbe convention. Samu< 1 far I, County Judge and Surrogate, nor roc orates b.s brother In regard to the suit and tne convention, and is po itiTO he aaw the decedent at d'ener Ictober 27, and conversed with htm tn reference to the trial. I have already stated tbat when be arrived at Sarat-ga October 31, a Mr Snyder tes'.lOei that tbe deoodent said, "He came from tbo West " Tbls, of coarse, was not no at tbat precise instant, and the witness most have mistaken tbe expression. At Herkimer be spoke of going to Saratoga to Mr Earl and Mr raylor, and stated to Mrs. Wilson on Monday that he bad intended to go there, out had been detained by tbe court, so tbat be con>d not And a connecting train Mr. I.aftcn, wbo came to New York by tbe cars and the steamboat New World, on tne 27th, did net see tbe decedent, but that oversight might very well have happened without raising a doubt or the docsdrnt's presence. Tbe evidence I have just considered ta f utifled by tbe printed notions of tbe meeting and the convention.and by the minutes of the Justice of tbe Pease Tbe docket ofthe igu.ru in (Day and Taylor was Irregularly entered tn tbe docket book out of Its date; but tbe original minutes or the trial were pmdujed, dated October 27, a tesal entry ma.lc by a pub Ic rii.cnr at the time of the ooco-retire and entitled to the highest crrcilt. Is It possible, thwii Ikia wisif A\ti nrtl lak/i nL.is in IIm >hav and ikal an m?ny witnoaaoa ppcaklng to to many and Tartoua ctrcum imr.rn all concurrent ?ho M be mteUkra? Ifaome of these rreeia cculJ be confounded with (Ike occorrencea nearly com .gacua, otaera could so.. Mrs. Wilton male but one vt?H to New York taat fall. The auras remark appliea to Mr Tar 1 or There *aa bat ooe tounty cuoveJ 1 lion held at Herkimer, and but one trial of the caae >f Taylor and Gray. Again,D- Burdrl! war "sen la Herkimer but cccarionaily, and bli prorence tl ere would nit.- , rally attract attention. Tbe event* tiiemsclvji bib occurred at tbe time were imperially row worthy tc a oulct c utry town On any one pintle natc connecwd wiin one Piugie fast w'tiaasea n ay err. but the chance* of error dltntnlrh aa the c tnct diry drcuru tanoea incr a?a in nnn>er, and tbe eyi lencua arc- n.ulating froi various independent rourcc* c-.nva.-ge upon tbe rente point, fitting btrtnooioualj kigelbor and gathering atrcrgtb by mutual cerroborat on. Tbia view irr ; ruaacd my n.lnd when 1 beard Uto to?t;r .my. and uia bten confirmed by acbiiqucnt eiarainat, in and reflection. Tbcre ip t "trueg I can peroalverufTL.cnt to: mgnnrrkake It. and It r iat atand aa my cruc'cMon up>n tbo fa te II 1 row appmarb toe (N tr au?ta'n tbe allegation .bat I?r. burdell wae a party to tbe cere ony, the evening of i clobi. ! < 1. M.ip Helen Cunningham twtilioe that the decedent gavo her mother a plain gold ilng, "put on her (lugor,' and ' t- Id bcr If rbe did not like It rbo could get it thangod." Tbl* clrcumauuice a Important If itoocurre l about .be time of tbe marriage Mr. r'itrertL.oD, tbe Jewel 1 ler, proved that "por.e lltne In 1869,"' Dr. BuiduLpircbair-d of L:m a pU n gold ring, but bj r.iall not identiTy It Aa to tbe oate of the gift, Helen p.ald, "I cannot rci.e u bar the date; I Hi nk it waa before Oib.brr laa:; It vut be | f. re tte t*th o October I don't know wbather it we* a week bLibre; 1 don't think It wae the day before." Iltr Mater Augusta, ?eya tb.a tarne ring waa put cu her mother r bar d by the decedent the nlgni of Uto wed ting, In tte rtreet; nut abe eiao ttetea very diiilacUy ll.al it waa g'tib "ib juiy 2. Itthc afioraoea of the '-iih c' Ortober, MIm Belcn Cunningham thai ber nio'irr "tw dre rtirg in htr room. ted *bo ta J "the ??' go.og out with tbe Doctor;" I Ih.bk between Ktn Bad eight, rer> rear eight, matter cause down tn tbe parlor. tbe tod' tbe Donor both rtne .u togo .ber, mother oarre to about tb< centre of tM room unit tbc Doctor leaned tr ur. one of tbc ptliw by tbe fo.d tg docri. tbe tben itid rbr wm going cut w'.ib tbc Dorter, teat tbc ntw bad all been with 'e%wo acl eTe-y:h'ng wm to be tented, ud tbtt wte tbc 2Mb day ef Dutclcr mother weal out ol tbe room tad tbe Doctor witb ber, Acgurta ?ar there, loo tbc wm standing near the door "a the kitl Tb?y weot out toge'ber, no three " Klaewbere ?Le lay*?"1 we* Hale ewprtead he wm goihr out wiib tbc Doctor, m th.y htl no; been cut before wbilj they btd lb!* d " ulty, ind I atksd ber wtetber (be wtt going oct with the Donor." "Toe coly thing I mow w!ib rngard to- my tn otter Cuair.g beck ibtt night wat, I neerd tome one la the I.til ; 1 went to the bannister* ted looked orer ltd saw my mother, Aug sta tad tbe Doctor Tl?e Doctor rt J eomciliog tod they wert bHh lengbiog when Ibey rame op ; by boia 1 mttc A- r-it tad ninth or Tr ey tlJi weot ?c tbe Doctor * tar* room. tecwoJ ttory?I then went up cin to my room tod retired U mutt bare bco near ten e'e'oek wbea tbey came la. Tbe Drctcr wm laughing, I belicre '' Before tbe Coroner, Baled rated lb at i be d.d n<ti tee tbe paste* oc their return, aeJ btd cot tceo Mr F kcI aloe breakfast, wbi'i oo tt.it trial toe tad that Mr Drkrl.on ritog up from tea, poke with be', and wm afterward* two hour* la bit room with a wit ter. Toere are diacrepaaem, alto, between ter acooual and that cf Ao; usus, But still I am not la i lined It impugn the main featurag of tbe nan all re jutt glrea Tbe talue of tbe 'recurrence m a link id the chain or er.detee depend* enti-ely cpoa tbe lime It might wery well hare happened oc the cweuing of the J?d of ftetobcr, tbe day the tultt were tt'ad, and It comport* with that date more than with tbe dale of li e marriage, tbe drift cf Mr* htinalntban, ? remark ru lai eg to U>? rettiemeal of tbc milt* alt no It ir man ,ru?l alto tl at Il' lec ai lb i time Hrat beard of tbc seUlemcsi of the tcita, and it it r.ot I'ke'y that Informal on to lalerettlag wcttid hare bete withheld lr<m ber Ore day* 3 The carrat.wcof M.? A- pnii Cnnaingbam .n rc.'e rcace to tb? mar; age, 1 rball gee mainly ic ber own word* ?^-Tbe Itortor flr?t r?rpie*ted me to wltneet tbe rr.iir wrrriKvii/ ?r. * v mj ir'TrTfT p . i \ the marriar ; U" I'actor rtt ?;?,*? |0 mo abo.i It, he arked me If I ww d he wih og to be a wheext t' marriage mmhrr mm btmaelf. be ai*o j tiao-d that he wauled me to keep ;t a ?e< r?t until .lane i ntU, thai be ttrn in.endoJ goxg to K- rope w h -notbtr. be alt# itkted tl.al be won. take me w 'Jt t err If j wnhed to go; inf tnoiber "at thee pr>??ut be ?-*ed tier If I ootid kef, a ??i 'ft, ami ?b he m-?t Mk loai <u'-'>Ui of mjtelf, be mito tinted to tut. the. a Uior J a at going to < otl.en I ree if tti n <u'.J get' <r -'j > I j ra*? | to ?y in' ;jd to ?t to mirrjr ibem, I atked the Doctor if it wat tioetttb< botte; fc- ta!d n war to be there, to tale flare at the hcor< 1 then arkei b m why be witL<<* it kept a teirei, be tald tLal ho bad proaited IV mil Hob bird that b? no-cr tmuld cu.ry any < e while ibj wat tingle? that ebe ?at the only eocni ranre tbat ho lad i n bit ban It at that Uaio, and .ua' me w/a to be married before June n<x' nU.tr it i tn? 1 thoo'.d not art any msre viertPnt >oot If 1 thee ft ibe rorrn, leering the two tbere together > The tejt morn'ng tbe Doctor told njr motbrr bad pone to < nh n 'or lit. roodgneo I don't thick he ty\rt it I it iga'n cut;> Treedty motong, before b'ctktae:, b<twe i tneo and eight; be Uk n aekid my ir ruber ?ruat her a?e wae, the told bim-tbr raid thirty (h e * * Ho had a re"?r a* th?? "n?e wth h'm ?'lh V" W???|e','? nn wrt Tmveraat tia'i g>re# matter at ?toanen Me I liauJ thai be won gvtrg <m Ut? beat an: that be would tea *15* TOKK HERALD TU Mr Warrlne before be returned I dtd got ere him then oxiUi 6 i 'cluck In the evening?tie wet. in tbe bail, be merely made the remark, aavlr* "I bare aaoom pushed tt." Tbe witness iben describes the preparation* and tbe deiarture from tbe buuee. autung tba' aa they were p?a* log <>i t ihcv met Hi ten "In the ball, the front ball;'' and ber mo her told her "to remember tela night,'' but men board "no rea?cn." She continue* tbe aooo< ut by slating that Una was between aeren aad eight, ?i?o*hore "ho *av* "betae<n aix and seven I tblok, n>ar 1 ? aeveii I tbiok,'' | tbat after leaving tbe bouse ber in"ther said she "bad leit her gloves, ' and the two stopped at Mr* Sol'enback's b?h an hour while the Doctor went to buy glove*; he bought them, and the party then proceeded to I the rir-rgymai's, where (be ceremony was performed | in Ihe way home abe made tbe remark to the I?ooior. What bt would ?ay" ebould ehn dliclobe the ravriageand hi at ttwered ho would "kill" ber. Her mother hi quired why ice cecedent bad not given Mr. Marvine "tbe rlDg''-' Be replied, "He did not ask for It; be would put u on ber Anger and Bay a few words and It would do just J ? web; be then pat a ring on ber Anger in >bc street , the parky arrived at borne about 10 o'clock " lu regard to '. babitalii u ?he te?tides tbat tbe newly married conple slept together tbat night, and adds. "My mother ilepl with the D.cior In big bedroom when Mr* Snodgraas was ibeie, 1 generally stopped there in the morning to know If ate had any word to *ond down (talis; stopped at the ocm door knocked?abe would answer; It wn the bask icosi ebe slept in; I did*oalmost every morning from the lme of ihe marriage, and she always an:wered me; thai voullnueo until Mime time in December?until the time of m> sister'e s<cki caa." Id weighing testimony, and es pes tally Id comparing statements made by the same wttoeee at d.fluent time*, regard should bo had to the laa. itipy of the mom >ry and tbo likelihood, even with aa n'-nist and ingenoocs person, of variance In respect to ool lateral or circumstantial incUenU I am dlipoaed to make every possible allowance for such acoidmal diaorepancio* as nj'kbt he reasonably expected la testimony given at consider able interval* coder clrcamstannes or painful Interest, i tap on and excuemett; but on comparing the evtienco gt-? u by this young lacy at tbe inqueet and before me, I um oneiralned to notice important vkrtatlone, manifestly occuriing to suit prevent exigencies Bofwe the durr> g?te ehe ratoo tliat tbe Doctor was the ilrrt ono who spoke twb'jr on tbe Bcb.ectcftbe marriage, and no did so tlrst ou tor m rnlug of the UtJih of Ojtnber Before the tk>'0 ter *l.o it* ed her mother was the flr-t wto spoke about it; the i (1 so t month or two pr?vlou*ly, and th" witness !mm< diately after?on ihe aair.o day?had a conversation rb ihe foc'or to know If ho was willing rho should bo a wiue*<fe Bui ore the Surrogate, *be *tateJ ma D >c or said ner mother was going to Gutlien the next c?> to invite Dr "nodgrnse to perfenm tbe ceremony. Bdlorn 'he Coroner, ?i e misled her mother tald tbo time waa cot decided. Bel ore the Surrogate she stated that the Doctor moitiouod 11 her as the reason for secrerv a promise to hUcouala not to marry while the ri mained alnglu. Before tho C -rouor she rt&tcd that the Doctor "never sa'.i auy.husgto her' about the rt aeon, but her inrthor had roraarxed it waa from (ear of being la 'jhed at a *r hi* pro'esemrs of oeli .' acy At tlto tui,uo?i, toe Rsv Mr. Marrtoe is reported to late testified something In reUtUon to msklrg the appointment for the wedltng at an honr In toe evening af.er be returned ' frurn a religious uioetitg." dim Augusta waa examined after this statement, and when asked in regard to the time in tnc evening the wedding took place said " it was after the minister re turned frcm meeting " "H About bew late' A. He ctar ibcre about 8 o'clock, 1 think, and said be had to go to a prayer meeting, and if we would come bacx In an hour or un hour and a hair, he would be in frum meeting d W oil, did yen go back in an hour and a half f A. We did. Q. Thai would bring ttabout half past ft or 10o'oloox?i A. lee. sir. somewhere abont that dme " Br fore the .-'arrogate Mr. Mar*lne siated that the marriage touk plane at the time appointed He bad not been ooovpie 1 or detained by any clerical duties, and remarked wocn the par .let came In, "you see I am pnnct ual." Augusta, who was examinel subiequently, then testified 'o> the drst time that the cere moLy UKk place at 8 o'clock, and the rtlergi man on cam- I tng into the parlor said. " You see I am punctual." Be Tore tho Corom nothing was stated by bar about the ring or the vtstt to Mrs Soduuoacks, which apncsrrd in proof after she was examined and the la ter c.rcumstance was tutro-luced by tor drat before the Surrogate There are o-her ccn ra lotlona between the statemen a made by the wttneas at the uqufstand at tbts trial in reference to Mr Eckel the cohabitation of the dr rodent and her mother, and the lease of the premises 111 Bund street, but the vartai.onx 1 have noted are so adapted to satt the changes end phases of the case, and the evidence of other wilocssts. that it is not Imrnrtaiit to pursue further this line of comparison. Thus tar we have the poeltlve declaration of one of the claimant's daughters to the identity of the decedent as a party In the cercuotiy ptrtormed by Mr. Mar'ice But he standi self oontradioted on important facts, i bor statements have vat ieu from time to Hue, and the , minute particularity with which she has glren conversations with the aeoeooct relative to tho marriage on the Sanday and Monday before, brings ler ia direct collision I with the tease of testimony showing that the decedent was I in Herkimer at the very Ume these preparations tor the nuptiats were in progress It is to be observed, also, thst ! the ceremony was anointed for 8 o'clock. The parties I would naturally leavo Bond street in time properly to meet < that engagement?the oversight as to giovos w as not noted until after lbe> I ifl?yet they passed Joan Broadway bo yond Bieecker street some dls ance. tarried at Mrs. SoUen back's balf an hourwhteihe Doctor was tn quoet of gloves, which might readily have been ob.alnod on the way, aoi after this long delay, proceeding on foot, though alamos wete at hand; still they arrived a; the clergyman ? house, In a distant i art of the town,at h o clock. Th s waa all ac cnmpliehed In the e "ace of an hour at the farthest, vhtie their , direct return home after thenereinony,ooctiplel nearly two Suppose the proof to stop here:? M a steel marriage, carefully kepi oonocaled daring the decedent's life time, be established at against? him on the proof of a single witness standing on these trials in such an attitude as thirf Clearly not. In Use face of such discrepancies and coutradtctlcns, the court would be oompei'ed to say the allegr ion bad rot been proved It remalnatobe proven bow far u.la dlfhculty Is remedied by other evtdonoe. 4. The occurrences connected with the marriage are thus stated by the e'ergyruao The gentleman first calltd the morning of the 18thof October, and requested b.m to oClcii ait at a marriage oeren ooj . This Interview was uefore 13 I o'coik: he would net say It was before II; It sMght bsvo botn bdvsrcn t and IS Ho took a memorandum of the names and other particulars for his regis'er, which I wore asuertalbed bv lalerrosation. From his habit on such occasions, he thinkn something ?u said aoo.it bringing a w'.uch, but the name of tbe wttueas ? ti not 1 communicated unUl tbe evening Tbe party req loatod him net to publltb the m ullage, ant an appoint meut wm made Tor eight o'clock that event'g At tbo designated , time the genii-mau called with two led'oe, and the mar. riage was perfcrmtd. The mau ?at "awkward," as if not kcowlcg ' he. to act Air. Marvinesaid L all I "faint impreeaion" cbat tbe request not to pub th the t marriage was renew i In tbe tvtLing by the g^ml.mau, no. by the lady, hu wm "sure '' Tbe mar paid blot a fee ] of $10; something was aalt abont bis oulltng for a nrrtll cute the next 'lay. 'be wanted a certiorate, and Ulert tue : matter tc minuted. Tae certlScalc it dated oet 12, anl ' vi* dell.crcd the morulax of that day, before 13 o'nook The uan "rat dowu in a chair ano read it to btintnlf;" j j "anptartrt to read it with det.oerv.ou." "when he got tbimipl. reading it he nolded hi* head and aald, 'all Hgto, or something to that etle^t." "lie made ni j obeerval M about tbe apeiUcg of the tiamo Brrde' did not tit me to make ao\ corrccUen. I don't know of ai.y im rc conversation?that was ih.t anbtianoc of it; be then It-fL tie the point of roooguiUun. Mr. Marvine raid, ' alnce the tnt.rdar I bave been very much IntereMoj in U>< mutter, ac't ba c thought a gre-it deal of It; I bare re called the feai rei and general at i ctrance of iLo de ciaaed, aid compared them with the features and genet a! ap esraau of the mao I married and tbe m-ire I hava done to the more 1 am rrmrlnced that the man I married wai Harvey En/deli " On being anted if he cad any doc>>i abatevci upon the subject, bo replied, "none wuat ever.'' 6. In regard to the cartifloate. there a*c several clrcom stances t'eaerring nittentlon The place of rwti vtty of the I ifly i? tutor at "New York City, * that of the got) leman, "New Vork " Why thli dlilerootx TV: Q;rt it purlieu . .ar, the last general: the Brat as* kaowo wm the iaat unknown? Cerumiy, If " Nee York" oa I taken aa applying te the city, wo then enoottn ter the fa ' that Or Burdell wm born at lierk mer. Aga.n, wt find irem tt e testimony of M'. Otey, who pre acuUed a bill to the Doctor, Derembcr It;, that he war quite , reedy cn a trivial occasion to observe nucu a miipelilng of b.a ratrie m Herdoll. Now that li the pre bee error c>n mided by If' Marvine In the mamug" cerbBcaVe, and ha lb' ogbt it eo material mat when it wm nor! Jeaialiy dia j revered no altered the register But the mistake waa en heeded by (he bridegroom The occMUa wm important, the eart.tlcaw wm "wnnlel "? wanted a* evidence?III ac curacy wm of conarnuenoe?not being ready at night, for It it dated ?>ctob?r St), it waa oailed for the ereelng morn log. It wat read w tb deiiberauon?the party MUtog down in a chair and scanning tt?and It wai praasnncod "all r.gbt " Waa that uttered by Daotor BjrieliT Stiil farther, the marriage waa secret, and to be kept rccrcp Was It probabw, In vice of such ciaoles linlty, thai the dereleut woull call at the c.ergymau ? bouse In open daylight, with white glovca on hi? haoJe, an : yel lout foot la Jivt'ncUy tret Bed to by tbe domojihi who an m tied the f rsou calling for tka cert Quae At the Bret lnter\iew,ar the mao waa leaving lbs door, iter. Mr MarTinc aiatei be thought bo taw "day light between bis whiskers and bit fa n,' at the side, fr >m ilia id caie 01 ice ear to * point on ? line wun in* rairtn I thought they ware fa *e wblraore, and bad *prnog Out * little. " I (cmilriH ?c impressed op to the second 10 terelew " I <114 not notio* pertcclarly at b dh the nest t'm?w: *i ihj*e tirioa ] did am notion n** they w we la'ao. 1 wonld have proi.ably opermwi u 1 lur 10 mr marrying Utosi if i had di?<OTtr<.i *of deo? pt a Again It *?? my <:#? n not la perform tne oerc.nooy If I ill? coaerrd derewioo," ' I saw no tadmation wbatesar at tho tiro **t ilmea th*? the whisker* w*r* faiM. the Imp's* ion made by my tfr*t obier ration wa* removed " Nor ihr ?u*r <-ion in regard to the wbnier* being false *11 n il excited ?t Hr first meeting while toe |>ertoo w*? In tho parlor, nor until he ?* leer n* tho door In full dey light At the Htm. of the marring*there w*? only one rw burner I'ghted in * rbardedor, and oa th* third oooaaion It dooe nol *i re*r wbetbi 1 enervation was renewed * the door I, they w*r* fu ae Wb r* and "hal epmng out a little,''at tho nr-l rterriew, it die* not follow tb*i tne tame accident wn.ld he repeat id In soy Of ant tho imr'easi' n mode on th" mind of the wi oe?* w?? so string ar to t* tbe subject rd remark m bm family a?<l c i' aheie If. Parm y ?ayc b? 'dwell on bie Uteu wit*e en, and I cannot lu. regard It nil, as a luapicloux cir cum*'snr? 6 At the time of ibe solemn /shoo of tho marriago Uvre were two <km ratioa in the oUi*r pario-, prtwateiy. Iu the dark, observing tho oroc jop-gi. Ojly 000 of tbff 0 f ? eramtred evb ; trial -?rah siatex that ebe in the .art'* in at the d<?.,r *M'bowed them to the parlor; v od '.'*0 mi ion "hire ol the m?c be was a nice, stout j,r ii bn foot e > r*d t ? k?,< w nkers. ' **"1 M'. t'srrtre riy 1o b.s lady tbat th* wii!?kere were full, that the* wen faltc." Tor lady *?** dreaxed to bi*-k, Uie 'ol 'eg doc re w?re opto tei and a naif or Hired foot, and ?te "got a peep ?'. thtro now and tben." I>uring tba nr.erriege the parti*' sood ' ii'eu,! 'to her. She dtd ri bear the p*ntieinar, request tbe msrrlage should not bo published, bat says -M br*rd tbe lady aaj she did not want the marr'age to he known: "she ?aid it,'1 Mr Marriae | "br.i'd it and tna<le *n answdr bark," Tire witness also stave "I let lb* s*mu r<at;em*n in whj was married, the re*t mrrrtag wben Mr t|ar?ln? was at brrtkfwl (etrh' or . 0* 0 clock ) I dl la't ir.tn.b apeet'je to bis fare. I did at oay no auaaitoe, only ha bad whisker*, an ' whit* fiorew on his hands " At the teqi eel, ^ara' reerpn re I th* claimant and her d?'<ght*r I ? ?w* 'td'a* * bo *-*rv *?<w?r< at tba r?rW'*'? aha **? ' ; the rorpee arm weaiieo " I could bin *ay: I innugat it | krckca very Uie Utc tbat wee married, bat I eouMa'l ESDAY, AUGUST 25, 1861 say whether It ?m him or not;" "T Mil H looked like him, or resembled bim that Is ell I axed * "I told him (U>* Coroner) 1 could doi say ti ?" lbs asms m?i, on no oout t of the druih, deaih dlnflgu ex p?ople very mach; If , I u> the man living I oouVI give a better gneas, but see lag the man dead it wax pretty ultllcu.t to fire a gueaa " "1 saw the daguerreotype looked lite him. and that wMtollsewI didn't aay It ?M too mau, and I didn't say It wasn't, nor I can't " "I oo"ld o"H aee whether H wag him or not, only It looked like nlin " Finally t ? hon inierroteied before mr ax to he- Ixllef of the Identity, ehe answered, "1 can t lay," and refuged to speak more dellalley

7 There l? a large maea of testimony relative lo Dr. Bnrdell'e |?riocal apoearanoe. Rev. Mr. Marvlne de scribed the man be married ia bavitg a moaatacbe, long and large whiskers about the lo?ir part of the fwo, not heavy at the side, vory blana, bur dark, medium, in ; abundance; whether the faoe wax full er thin not reuolleol ' ed; complexion not fair nor very dark; height Ore feet eirlit or Ltro inrbrx, weight 165 or 170 pounds Ho wee ' eiow of apeecb," voice not musical, "stooped con idrrably," and ''walked eomeUnug lice a man of on or- 06 " He eaye, "1 do not remember to have caeght hie eye at any time " He wax neither "very cheerful" nor "eulhualMtio" *n the matter ; fir. I'hl raid the decedent had "two different natnex," that i In regard to peraonal bualneee or a delicate nature bo peke slowly, and there would be long Intervaix bit-ion the sentences, and at other limee his speech was i rajild, i]u!ck and sharp Whh this except Ion, the whole bedy of evidence iu the cause exblbiti I>r Burdrll as I qu.ck of speech and ani natod In motion. I am tor. ined to think that In stature, ur In carriage, there was some ;n ; clinxUon, or etcoping The natural color oi bis beard was a light brown, mixed wl h gray ; but, as be dyed hi* hair, I the appearance varied At the time of bis deoeaie It ead been rcc-ntly djiil. 1 have uo couddence In thle mode of )<u utlrcatlon ; II can rarelt be sailrfxctory. and certainly is uoi In this case. Tbwe maybe general similarity tu maty dotaiis, and yet groat difference to their association, il wtour, aid In expression The combination an ar riuigi m< nt cf the human features and lineaments am o'dl- , narll) so utW,ueln eachpariicuiar person, and the pooul ? Titles of Individual expreeslon, tone of voice, gesture and oar.Uge so marked and stri ving, that to a familla- I acquaintance or friend there uai1 be very sl'gbt chance al mistaking pertonal Identity Still ocnstanily meet with general as well as particular reseuiblanoee am sir .he millions of our race, wnich ofteu deceive the casual oh- I server, and which, where f?-iud is designed, uiay easily he made the bxsis ofcrlmlna crsonatioiw, with the aid of art lo help Dsture It Is off ious that in an effjrt tl would bo *c attempt to come aa near tlie genuine as poe ible. Certainly, >11 startling dlscepan jios would bo avoided, and the cloeor the approximation to a siralii'ude | ihc greater tho |iro?i>cct of snoccss It 1* 0 insistent, ..colore, with either tide or the teaue in thii caum, thai tu the inventory which baa been m?de of the 1 featuica and characteristics of the psrson of the Occident, and of the person married on the 28th of October, there should bl aome general resemblances For example, as to height, It would have been folly to present a tali man In the place of the dccodcnt. Then again, It must net be orei-lm Ited that peculiaritlea of the rotce and mtuner, arraugemoo, of the hair, and carriage or the person, may all be Imlaied more or lets olesely. In tbaao reapecti a persona) trlend, having a fair opportunity for observation, could not a< a general thing be deceived Faniita' interrvorie prodacua mat kind of knowledge which arts laaiantaneouslv, oy au lmmed'ate and tingle proconi of reoogn.tloa. We do not, at every meeting with an acquaintance begin to compare foa'uree. and reason on ilie question of identity, bat were cogulce the whole oh.iect m a living unity. Cbauges to personal appearance, consequent upon sicinest, arrange ment or color rf the autr, go not, unieia the depannre oe great, diminish tho power of recognition, and dress has very little lnlluenoo. Where persona, however, are ool familiar, tboae i.trcuustaniiala aro of consequence If, tbcelore, toe toterruurse baa oeen alight, it U important that the elements Vir coinoarison should bo aa nearly alike aa re*'!"'*, to order to secure recognition. Tie fired dittlcally In the present Instance is, that Mr. Marvlne was caiird to.iu^ge of the lotnuty of a living b Ing aod a dead body. Tue decedent came to his end by a sudden and vlo lent death. Dr, I'hl testifies that at first the change w as so great dial, but for the ctroumatanoea, be would nar 11/ bave rec.gnltod the corpse. i)r. W. B Roberta say* lbs wbirkors were "dyed blacker than ever,'' and be "should bardly have knuwn him " Wnen the body was examined by Mr. Marrine, on Sunday, the appearance bad beoome more natural, but not so much as en aucceedlng days I do not observe, bowerer, that Mr. Mar vine pointed out any oJier murks of retcinblance at the second examination than were noted at the first view. At the beet, the olilerence betweon life and death, the wound In tbe faoe, the chango of posture and dress, the closed eyes, the rigid mouth?motion, gesture and carriage gone?all ttndc.l to present duicrent elements of cocipartacn Some of these dlilerencaa applied to the daguerreotype likeneaa. and it la a mattor of common observation that even this mechanical prrccsa of portatture is not uniform In Its production of resemblance Tbe power of perception and aocurate ob nervation and the memory of forms vary largely. Mr. Marvlne stales that be poseeseee no unusual faculty In this respect. Dr. Parmiey tcit Qee ne said to bim, "be was not good at reccgni/ ng persons,'' "that death changed the countenance ec much, and he not being ready to roc ignite a person by sight, he dll not know if he could have re cognized a corpse, even if It had been the man he mar lied." The opportunities for observation in this case were alight All that occurred at the three Intern9ira Btifbt have taken place within thirty mtnntes, certain. 1> within an hotlr. The interviews occurred in lite snare of twenty (oar hours, and presented a proxl tualc sncoeaaion or visual impressions almost like a single obrervat.nn, and not such a repetition at distant intervals, an wonld call for an act of the memory and an ellort at recognition There was a lapte or three months between the c alee of com parlson Under all theen dlfilcuiUes it would not have been easy for a person of ordinary observation to have pronounced wiih poel t.vencee upon the Identity or the two ohjictn. Lot us see. however, what Mr. lfarvlne did and said when first cahed to teatify. Ho was taken to view the corpse, aud was then requested to state whether that was the tody of tho man he had married. Tnii was done twice, and under circumstances of such striking raposlbllily sa would naturally arouse toe fa cultiee and Intensity their action, and lead hi a to piobe bis deepest recollection. There are va rloiia versions of what he raid on these occasions, snd a large part of tho time of the court wss occupied at the trial In the euort l)nkM his sut?monta and ccnduc.. In ret oris of c'nversatious from difisrnot obeerro.i variety is to he < i|*' tod, the substance being prcemted through dtflcrent minds snd memories Somoiinnw great end palpable errors occur, hut In the evidence on ihu point cow reviewed there is ?<> much substantial harmony be tween thewdeeues and Mr. Marvuie himself, that I prefer to use h.s ewe language, especlady where the coarse and 0)?ratiou of his own rn.nd arc under examination, su-l the wllnces has laid It ba?e with a 'rankness and candor de- , serving respect On the Sunday succeeding the decedent's death Mr Martiee stater he did not re lognise Mrs Cunturghsrr at all. Shorty before be was examined Inthli court he visited her at the Tombs, and he sayv?"I esrt m H 11, a i1m! of thn unman II I1aihn<l mnr.t ;'o my r?,uJ then ever that <he vw Uic wo ..an I l td mairivd; or. In otter word*, abe then retrained more the won.an I married Una abe did wbea I a* * her on that snbhatn, 1 am jx-rfoctl/ ratmflcd that ah* .a the wrt-an I married on the Istb of OMobc law." n the Uiat tLtervievr there war an otter and abaoluU fa i ire to reeornUe: at the eoconrt, It Hashed mora " upon hi- m:nd tbtn ever,' ?no wan the actual tie married; and dually, tr l.v "pertcoUy entitled of it" A proootn eoni'>wbat cm lar, rxco; t tbi,'. at tbo oiUet per-lal reicrab'nm o wav cbacrred, lob pince It re*a-d to the man. lie " I aware before me Uironer'1 jury that there wore i,?rorig y?ic a of rear cibtanco beiwooo the dcai man an 1 tbe man aerrlcd - 1 wro I M) t< at I aaid atrot^ po tU hut I aalu potriti, I tfilnir I mcotloeed mo*e than naoeoicl.l mectuoed particularly about th.i mouth, and I may have Bit Cloned, and I think 1 did. that I married a tr.ro about that height and weight , I t< a'l reme mi er whether 1 atated anything ai>> ' the niouib mere than I: bcro . '-mo roacmbiance; I d< i't think I told m what -eatcot the ronemt'ance ran I thu.a tuere w?a ronw aimilafity about tbe monm. ' " think I ?Uoakd the beard an ' Ml.*' ' * " think the lia.rlrt AttOTBO.', ahcwio; me the dnguerreotyoe, naked If 1 recgnlted ana thing there ;n the man who catno to he neirif.or eomctbing ttlro that." (J Dtt you not an ewer"! think ! do abort the mouth, bet there it no little ret-tmhiance 1 ahonld not like to awear deflnttaiyf" A. "I think that U my reply to the word 'bat;' after that 1 do n<t remember aayUg tbi real of tbe reply." y When yen w< re prevloualy aaked, "la the body that of the man yen marr'ed," did yoc anawcr. "Tbe man I married had >.<rge wl.inhere,' end wan tl.at all tbe ana -er yog made In renyoct to tbe mac- A. "I yreentne I did e> anawer; I ti ink I did, lieonone the man I ma rled did bare largtr wh nkera ?net thicker,but longer I don't remember whether that In all ;he answer 1 mad* to ibat question, bat, ?j far a* 1 aoir rtcollect, I Ciink it war " Q. Yon were aiked, "Had ba a moustache! " as J you answered, "1 cannot say ' A. "It waa fomenting like that, a dobloul efproeeton, I think , l> wa*. I cannot lay." y Were you arkod, "Do jroo reergone al bar of three parlies an the ooaa who cam r to jour bouaa to ba married'" and did you not anaarr, ' "The woman I cannot recognise at all, tbe man bad larger , whisked, lha dereaaad liaa no whttkors. ei- opt a goatea; tbe crlcr of lb? balr an Uia faee of the de. teased and tba man 1 married is the laniv " A "I think 1 did " "a bis teemd exnminat.on before the Coroner and after be had feeun Mr. Eckel, Mr Mar/lne say* ?"I atatad that tbe body up rtaira resembled tnnro tbe man I married than tbe man abown to me a* Mr. Eckel." Still fur- i the?.?'"I did not aay I rc ogniaed tl.e body, ant in tb-jaa words: do not think 1 told them 1 believed that to be the body of the man 1 married, for they aakid me no question to lead to audi a remark." Now ' nothiDy can lie plainer Iba'i Ibat Her. Mr. ttarvtne waa called an a witn'ta at the tnq isat aolely f<ir the purpose of Identifying the parties lie married, and oa the general question of recognition be waa morally bound to make m | foil and free a drvelo;'ea;ent aa lay 11 lw? power. I have ro doubt that ho did. Wt must take b m a? aniwerlug according to bis know ledge at tbe tlmo. H<i jjiUOes having I given do poaitlva opinion oa that creation by saying, "I i did not deem myietf loatlfiod In do'ng *o, iniiiii.ch ail 1 did not tear the rain ipeak. which I* oue Important print ' lu Idrntlfylng at. isdlvtonal?the vrIc# nnd tbe altitude, tie (Witt-jo of the body when Handing " Thlalitroe.bat | tl.ear pn*ute are Just ai Imfcitant cow aa they were at the time of tbe Inquest. Mi Marvine a? free ly adiu'ita that be baa been theorizing iudo i tnli juration of Ideat'flcation When he Brit catered 'be dwelling No 3! Itond r.rett, the Idea waa "preached" Into him ibat Vr Eckel vai ihe man; he"wia on ler tba mnn>?!oc 1 before lie ?w Uie corpee, ha'. be a'dt "nsy fa!h in that Uieery wu xhaken when I * eel , acil *' the <lced body. Ton ?ai one or the reetot.1. nf.er I bad w?cn the doa bo'jr, 1 wa? not willing toewrar ^wnieeiy. I bad ,.ut a; that tine get nntirolr lr*e frrm tba, tfc'ory, and soppe'd, wbon 1 t*w I skel, I 'id not ktnf bi.t I Bi |u' if: the man I bad marled" ' Aga'n, "1 thought U |*o?tlitc I mlgbt fee a man lo whom Ui"rt were more polu ? of rrter. blan jd than In Jif. Bur dell ir tb.a wax poeMble io regard l? acompa.-lem w lb Mr. Ir.kel. la It not M MMIbtt In reg?-d U? ctl rr poreoar' Who ran tay whether Mr Marine might not jet be confronted with a man "In whom Ihrre are tor.re points r,r reaemb'anoe than lo I?r Hurdell, and <> he J ailBed n tea eg an other thoorph (?e teeing Mr Eckel, Mr Martina orntlneed, "my theory war all gi<ii<and "1 took the o*l"-r theory, that tlurdnll war the men; i wax a? confident nf It M or my ealalenno " Mr Martina Maine aleo, that alone the dorideol'a death he baa conxereed with a number of per?ene who hare de art I tied the yrannal rharar ertatlne. apn^ranr. and man am* rf the ifareannf, a^d the dner""t'??i baa inferable >allif"i ?<Ui uw u??i i .na.utsiooe Inia eoruiaaion at ??r i ga;, aflJ thug Utcorltlai, art .yery jaaoh IB Um way of g clear and unadolls ate I am or the memory ir iha wit ness has bona applying the facto to Cillere?' theories, has been listening to descriptions, bai allowed lUa in nd t<> be Im, reased wiih the view* of otter*, ha* boon unwilling to |iv? a delnlte answer about one uian until be has rien nncilh ?r, and then expressed h.s nonvtoti a, founded largely upon hi* oumparUoa bet veen the two, in eucb a caae tbe Court must be carefui to discriminate between the fact and the theory It appear*, then, toa: at tb? Oorooer'a Iniuest ibe witness, when asked If be reoognl/ad tbe body or ibt. jaguar re i typ?. did not as; In at be utd, but atoted that there waa a resembUuu* about the mouth, tbe color of the beard and batr was toe same, but tbe wbiehera of tbe mac were larger than those of tbe oorpee; and again, alter he bad seen Mr Eckel, and decia/ed be waa not tbe aoan, on tbo quest I in of recognition being again put.eald, " tbe body resembled more ibe man" than Mr Eckel did, which waa juet n< re<etnl'lanoe at all Theae were Mr. Mar vine's riateti en is at tbe tnqucat, and I muat do him the juattoe to ray tb it, alter a careftn exam! aatlop, I do not find them to vary t om bis testimony befo e me. The only diU'erenoe be twoen bis poaition at thai time and at thin, iiea in conalusloui, uot lu facts- His erldence before me as to identity to limited " to aome resemblance In the mouth," the color of tbe hair and beard: the size and weight of the body; and as to dissimilarity, tbe greater length of the whiskers? In regard .o the moustaohe?at the Inquest he Oould not say, but now be recollected It; I may adu thai tbe retembtonoe abont the mouth relative to lineament or expression could not bo very dtotlnotive, as the lower jrart of the face was mostly oove *d by the beard In thealxeoce. men. of an act of distinct recognition after twice being placed on the stand, these are tbs points of risemtlanco upon which 1 am anted to prouounoe the tcentltlcauon of a person so to be made out in a case of 1 secret marriage and devolution of property at to declare It 1 a 1< gal conclusion. Ills enough, In my judgment, that I Mr. Marvlne did uot rec-gntsc tbj tnan, aUlrmativoiy, , when be was Invoked to test that very question That , was the wh< le object of his via miration ot the corps >? < twice be was there; the dageerreotjpe was shown to blm; he saw Mr t'.r.aol: twloe he was plaoed on the t -1, ai d be never sprite to no ant gf recognition, bat I only in rega'd to letetnbl&uce, In -ogard to wktoh he rcas< ned, thron/cd and com, arod" He did not And the same | pi.tuie, but sone similitude to U, no greater, in my opln- | ion, toai might be expected in an effort to simulate the person of the cecedcnt; snd ir at ibis moment a person we-e produced who presented more points or reseru bance to tbe man he ins rlcd than Dr. Birdell, we mizht rceictiabiy anticipate a change or hit belief and oonulusion s There are several cmalderatlmi touching the dream tano# connected witli this marriage, and other proofs M duced kl the o!almant, which ina. wall becoBtliUred here (a ) The gentleman called on the c.ergy man three times ?twice in the open day the act was hold, nut no bolder Pantile darlrg requisite t" achieve a etui dated marriage r< quirrd The tltt vitit, If crime were designed, wan nooteiary to make the arrangements and insure secrecy?for it ir osscrvable that the Injunction against publication was made and a satisfactory reply received at that time The last inteivlew grew out cf the lact that the certllloale was not p'cpared at the marr ago. (b ) li Is urged, also, that an application would not have been proposed to Dr. Snodgraa*. anu >hat ao intimate a (rlcud of his as Mr. Marvtno wonld not bare beenenlec-ed to perform the reremr ny bad find beea on foot. But Dr. Burdcll at that time was not known to Dr Snodgrass. Who can tell,had the latter been touod horns ailHmnen by the claimant, wbe her a word would have been utterod touch tig ? marriage; and, finally, the only witness who coukl have tcailUrd to the particulars of the* lnter-lew a' Goshen s as r.ot examined. Tbc.-o Is just enough tu theot-cum itanocs to give a color or openness, and that it all Angus ta states .hat i'r. Burdell said "he should like mother to go t> Ootbi D," and it was understood the wedding should be at the house; and yet the dcoedent was not acquainte 1 with Dr. Snodgrass, and noi an ellort was made to have llio minister selected -n his place to perform the ceremony at tbc bouse (c ) l?r Ware tesutled that he mot Dr. Burdell Willi two ladles on the west side of Broadway, crossing P toe north aide of Blcecker street, on tho evening of the ittiih cf October last, about eight o'clook, and the I<oc'rr bowed to b'm, ibat he was returning from No 60 Mac iougal street, the bouse or a friend, where be bad called In oocsequence of a letter he reocived from btm that day, dated the 117th of October. In com examuiatlcu tt appeared that be bed been to the seme i piece ei tba seme time of tbo day on tbe seme business e I greet number o times berore end after the receipt or the letter, and tbet be bad not connected tbe letter with ihe occurrence In tbe sir*t until be found tbe document e week previous to bis examination, efter * seercb mede et lite lenience . e person interested for too elslmsnt. (d ) tbe elslmsnt stated to Miss Van Ness, In deptem ber, when tbe marriage was spoken of, Utel tbe Doctor, berself end Augusta were goins to Furope In tbe spring. In November sbe told Dr. W B Koberts tbet sbe end AuJuste were going, niere is no qneeUon but tbet tbo dtce ent himself bed been talking for several years of making e voyage to Europe, end efter his intimacy with tbe claim ant spoke of taking her end August* with him During tbe lest fell end winter he intimated to various partes tbe Intention of going tbe next summer, or In May or June, end Inquired particularly conoeruing tbe expense end tbe routes of continental uavel. On the SOlh of October bs spoke to Mr. dmitb of having *' ladles'" accompanying bim, end In January stated to Mrs Dsnnlson be wonld "take n lady" with bim; a gentleman always fkred better "wben travelling with a laJy." Not a witness, be waver, baa been produced showing any recent declaration cf an Intention to Include tbe claimant In tbe expedition, exoopt Or. I'tal, who u elides io n cr n versa lion of that tenor on tbe of Oolcber, but. as I have observed elsewhere, there la nothing sudictcnl to Ox that dale definitely Tbls proposed journey to Europe, therefore, does not tend to establish the marriage. Tbe ev deoce only shows that a voyage, aneo r.iBHxi uy an ii.iii D|Q>m sua Augusta wun uie penoa lor dlaelasiug the alleged marriage, was Uikod of, bat the truth of the feot would not prove the truth of the eeeoalalton. (e ) The marriage wae secret The awruranco of secreoy waa obtained befce I lis performance of the ceremony wae ventured, i >n Bra. Ci-.rniu|ham'a part It waa certainly preserved with the ulmoat exactness. Indeed, If It were a rrand, it wae eecceeary that alienee ahould be preserved, .-ecrecy le a badge af fraud enlraa a fair and adeqoate motive be preaeru I llarr.aga If b 'uorable, and where tta duUee are voluntarily aaeemed by partlea occupying an Independent poanlon, there mult be aome etronc and controlll.-f msilve 10 Induce a ruppreanoa of the truth. The motive presented br the claimant ta that the decedent bad promlMd another parly never to wed wlil'e she remained tingle, and waa Dot prepared to disoiuse the marriage unul be went abroad. I aeo nothing In the oana to ocrroborate that view. If, aa the claimant's counsel argurd, be waa forced lam thla marriage?and it be wae driven Into il by reason of the suits by which be had been a*, ailed, be might, per trips, through fear of ridicule upon tbat ground, aa well as bis previously orpreaaod view* In regard to lbs son, have been desirous thai the etTeir should be kept private. On such a bypwiheat* I am not prepared ! to ?ay there waa not a motive Bet aecreay and publicity rannot exist together?tr the motive waa strong enough to Induce sn entirs icd usioa of the matter from bis family and totimale fr.cuJs, It la certainly very rxtraor '.'nary that be sbruld speak of it to mam acquaintance, as ;.r it were a known thing. At n - ' ??/ I-' I ? "?"J "ilwl, ?/ I a a igbt variation of wrrc*? rcny fire an eoUrny differ rut dlrrcucn tnthe eerport and rawing of l&eguag\ Tbe aub.ieci of eweraa'-ion nosy be roroo nbctod. bat wlrrotlie (tdw phrmealogy 11 material, tho lapia f time, tIn* tuQrmiiy of the human memory, the loll nee of ttie iinag'nell m, the barmuoy or (lie in eunrlnioooy of the ifattmrM reported wllb llio eontluc>'t the J ?rty aa otbirwtac lulu ntod, ore nil lobe weighed by Uio Court In determining tlie probability o' mlvClie. Mr. Wllron teatllDd that tie met Dr. Hurriell In Urcndnay Ibc rocood TuoaJay or Wcdnt-aday before bla deunwe, and on Inquiring " flow ! Mrt (.unmtgbam, M a. Burdell tbat la In oof' received tbe reply. " He war aorr> It was Uia Burdell " Tnu d table ex| ret ami core porta witti tbe oher evidence In tbe care, and tbe litrodcctton cf a email particle in bartnony wdb it. an "if" would change tbe whole tenor of the three*. Mr Keowltnn depowd to a ronverneUon with tbe lector in December or January, In refurecce to an excrni.gc ef property, when tbe d-cedi-nt a poke of ?oae " little troublo In bla raml'y," and aal 1 " be di<ln t know ' whither bla wife would be willing to algn the deed There waa a difficulty at thta time, aria log from Mra. Co nets ghaut'a claim of a lean*, and to doubt It waa mentioned to Mr. Knowl ton ; but, with tbe evidence of Mr Web, bia partner f ir yeara, thai "bin reoollxtlon of wor la la Mmetiinoe.ladlrl cct aad confuted ?"bo ifl very apt to detail bla inTerence* at oart of the ennveraetloe '?there i* -air rrom lor qneettcn whether tbe word "wife ' waa nana, or tbe . wilneN drew an Inference to tb it client from tbe drift of tbe ooc. reran lion. Cattartno l.amh, wbo bad been la the aervtos of the claimant at a pre trior a period fur ibrM yrara, testified ibfti some lima in Octobor, wbaa I)r. Bar dell wft? attendltg lo her lectb, the claimant said "?be was going to |rt msnled to Dr BardeU," and, to ft question or lh? witness wbollior It was io, bo answered, "Vftft, ftod yon Cftii cotnc and IIto ?llb raft "' This witness tba? asserts ft frse ftod etry disclosure o' *u Intention to consummate marriage, which was tftrefelly concealed fro? Helen Cunningham, an J mala known to A r gi.au. under the tbreftt of killing her If ?lie divulged It. to the connection I may note tho dec'arfttlon of the o.alarnl, mentioned by Itr K. A. Roberts, thai *bo "would not t erry met. ft man aa Burdell"?" would not marry man tUftt loathed liar." An observation or that charm tee la In ocrMswnt eren erllta t pretended marriage and I* not likely to here bee? mftde subeequont lo (be wadding, though It may here occurred bsfjre. (/) Among tbe documents fonnd In Mr. Kskal'a p?a aesi'.on, and claimed by Mri. (ancinghafti, ?u a writing in tbree words ? I. Barrey Burden, of ihe e*ty and eonnty of R"w Tork, be lag duly ?w?ra. depoare and aaya the. be haa not np to tbte rieaeni d?y. Oeteber 1H I-fid, male or e?*ruted any will or teti: meet, disposing of hie property at hie drat*, or an? par Uoft at it la dftftft aft* wtQ or KatftMBat h iohi ever appear, previous lo th>? dale, .October 18 lPfid Uu'*am? I rrononaoe to be an nrmiugntrd l-trgery llARVIY lU'RPKIX. It la surpoecd that this paper, rlgned ten dnya ba rare the alleged contract of mn'tlage. ? designed m an aemranoe to tbe nunded wife, again*I a hoehie will. But a will could not alVn, dower to real ortate, ami a* to personality the wile's rig he cm-.l be defeated at any moment by a testamentary tattrnment If a new will wsa made ai this date, a previou* will, whether fa;* or genuine, would be Inoperative. I can are n<> oonr. ctl >n between this ta ei and a eontcmpUUd marriage, en, . w leg tbal th ? partita understood tbe law on fhla mh|ect If Ibey did net unfetvtaMl the law, It la r possible to resen aaisly on the design of the parer |i wan found In Mr. i*cbe> e secretary, hot how It came to hie r?MS<*el(>n I* not known. Ha in'gbi have proved II. ?t, ! le war not re en, and, nndor all tha citcumstaice* el Ibn oa?e, 1 ihftll mate no pr?wumrtlo?i ol law'ol poaaetr on because It war d!? tcvertd la tie <untody. One fact rundaout In holt rallef cn tha face of tbe doci mem It refer* le eipl ell terme to lbs p.oealblllty of cloalb, atd to tbe prer u.laMon of a forged will; It ?erm* tc nr'gkete from an apprehension that on hit dterase tcme fraudulent paoer might acpev, disposing of hit property r>eatli and forgery Sle tbo two subjects of tbia e*traordlnary writing 111 Altbough ibe evidence tb t far in support of tha allegation of the cla maat in entirely la'tfllclenf to Identify IT H'rdoll with thl* marriage, atlI' if on e full oonetdere tlnn of all the ctrcnmrianroe, It le probable he war mar rlcd, tf, fnrtead of finding teason lo question, tbere ehould be a cornurrencs of fki tn tendirg tr ewtabllah Ihe mar. rlage, tlirn the defects of the direct evidence might time be supplied by the indirect and collateral prm?a It bei orrep Dccf??ary, therefore, to In-pHre ttlll fbrthor wbe ther tbo erind' nt, t'eatmrnt and declarations of the parties were nnncrrdfint wltb the marital relation or were re pug nant to It, end whether p*evlotil Intimacy and intercourse rendered * marriage or?h*hle I. Metra tlua lung nam u?.?? Wat her fefjer JleJ | ghoul lb'OS ycftis ago, and (bat Ur. Bard*" alwted ber Bother to 1HM. which m<'?t hsre boon abo trier the decease of the flret hu??w>d. Hannah OoaW. tea it dee to otrounstanoen occurring in November, 1H66 ana statements In re'ereeoe thereto, by the claimant In Jmy 1866, whlnh siows en etrly InUmney There ie no fu wtion thel up to some time In tas sam nit r of 1968 their harmonious relations he<t not been disturbed, end thet the deoedant e oke of the claim to Isvar'sbly In the highest term* He einrewed tte (teller thai the ru rich, praised her end her 'asm ly, her capacity end management lie wet with her ei Herat'-p* ever two weeks, In tugnat, 1864; he introduced ber to Uis friends, be soconopsDled ber to parties, welked era o erm In the streets end finally not only toon her into hi* hooe. hot no the let of Mty, 1868, leaned her the premises His ?hOl? conduct showed conltdenoe eed at tCBitoo liisB Ven Neas irsys she knew or their rogagomeni, end It wes understood by both nertioe that ahn should be the bridesmaid. She desc-lbas their Intercourse as Inviriablv tender and affectionate, excepting tome 'aiiidttesantneea" mentioned by Mra Gonntngbam shortly a tier the let of September; end i then within two weeks she requested her Is wltoees a eeeret m*,-riage, "tnld be had eaeae to bis senses, end they were going to be married private- 4 ly, and were going In the spring to Europe." Dr. W ft. i Roberta, who was a frequent visiter at the bonne,observed , "nothing but Itlndness" In the mutual deportment of Ibn parties The claimant stated to Mra. Denlsoo In the suaanaar that thoy were "engaged," but aakel her "to keep it a secret.'' In dentember she told offloer Moore abe wen "bis wife," and officer Little "that abe was bis wtfh by every tie?that be bad wronged her." Id September or Gc ober she apoke to the Uev. Dr. Beectiar or the engagement, but said ber children were opposed to ft In one count of the complaint for breach of promlea i the date of the alleged promise la laid In February, 1666, ' the agreed time for oonsammatlon '1 the summer of 1866.** 1 and the breach " In or about the month of July. 1866." In J another count the time for consummation ta " when he 1 abonld be ibeieunto afterwards requested," and a request 1 averred September 16,1866. Thli oomplalnt was veriled I under oatb by the claimant. Whether the differences be- a tween her and the decedent arose out of the charge of ateaing be preferred against her, or from issiousg ' on ber pa't, or from both thete causes, there can be i no doubt at all of tho existence of a serious dtf- ! flenltt, nbrt thai 1% fWhn rr.i/f In ikn nnnamnw I of 1866. Nor la there any reason to suppose the parties were ever restored to their original relatione. i Tbey wcut together to Saratoga tho 26;h of uuly, and this j looks l>ke a renewal of intimacy, but he remained them I only three rays, at <1 the next we know la the preparattaa ' ol the pai-era In the breach of promise suit, and the violent outbreak in September In regard to abstracting a note J fr>m h't raV I'rlor to July their mutual Intercourse wan I In barmen) with a project cf marriage; in that month the 1 Claimant baa declared under oath a bretoh of p'oateetoek [lace, and ihencerortn. up to the time of hla Je ceaie. the general cliaiacter or their relatlona were marked , by hoatillty. He ?u Dot free In hla denunciations to Mrs. , Cunningham's frlonda, but with bl? own there was no measure tn hla Invective There la to proof o( vac.ItaUoa. Dec- , tng thtlr Intimacy be spoke or her with respect, during their warfare, with every token of resentment. These waa a strongly marked general current, flrst in one dtreo- , Uon, and ihon in ihs other, wltn lltt'e, If any duotua'fcm. 1 do uot mean that they were tn constant altercation, or that appearances were not measurably pre- ' , serred when tuners were present, or whoa ne waa conversing with her friends. The claimant waa determined to remain at 31 Bond stroii, and ni doubt she had hopes of conciliating the decedent. He was determined she should net remain, and no doubt desired to eflTeot hla purpoee peaceaily. homo of her money waa in hla hands, 1 which he was occasionally called to dlabnrae: by the 1 terms of the lease she had charge of hla rooms, and their J occupation of the same house brought thorn frequently tn company, ro'bat, altogether, even after a hoatiio feehng ?u aroused. tt would not be demonstrated, save on a oof listen of Interests if plana. Buch collisions took plane la Septemser, October, December and Jaonary. At the he- ' Kilning or December there arms a quarrel, and the deee- J dent, seizing a gur,. drove hor out of bis room. Ahont the same lime Dr. Wilson testifies he heard her any '-that Or Burdell would learn to bebave himself before she vacated > his bouse " 2 Tbe difficulty arising out or the awuistien in regard to sir all np notes from bis rare, Ashton says originated la Judo or July. Th* claimant stated to Callahao the Doctor t " was under premise of marriage, and si up this novo ' to get her out or the house, so the promise would be bra- i ken off " That marked her appreciation or his wlshac. and tbe hearing of tbe accusation upon the prospect ar mautmrnv Tbe Doctor made tbe charge In tbe presence Of Mr. Smith, In September, be asserted It October 11 to Mr Crombte, ibe kw of the same month to M s Wilson, and late a* JMMlf 3d to Mr* Crane. Whether trueer false, the allegation was made, and I think be believed ' to be true June 28 be had the aafe lock altered. 1 In consequence of having lost one of the keyi. and thai key wan discovered ntnffed away In a bag In Use attic, at tbe time of the Inquest. There can be no question that Mrs. Cuna'rgbam had given the deoedent a note for $613 oO for the Burdell judgment, which was assigned 1 to her name In December, 1866. That note disappeared. On the 20th Septe aber, as appears from Mr. Splcor'a afl- | da?it, annexed to the oomplalnt In the slander suit, mat- r tors came to such a piss that the polios were called la. the deceltnt charged Mrs. Cunningham openly srMh ' having taken tbe key of Use aafe from his pocket while asleep on the bed, and abstrac ed the paper Sho danted tt. Davis states she said " he bad rulne t her and her f family," "she wonld have) bis heart's blood," and fee i sworn oomolalnt In tbe slander suit asserts feat fee Doctor assallrd her at that time with the vilest abuse aad [ epithets. Subsequently to feta, Mary Donobue eays teat daring fee Doctor's abeence she aaw Mrs. Onantagtiam end Augusta examining papers at the safe. Ska states feat there were two doors open, while fee safe ban but ooe. and this error counsel urged as detracting fro as > ber accuracy. Two keys were farnlabod Tor fee aaw lock of ibe safe put on In Jane?one was round Is fee da , cedent's pocket book ; what baa beooaoe or fee ofear doss not sp|iear. S I have been surprised an coming to examine Ms* papers, to discover feat fee suit for abroach of prom lee of marriage was originated In September. The summons * Is daUd September 16, and the complaint verified fee ' same day. This was beibre tbe polloe were called Is, Mr. Spicer's affidavit sbowtng tbe date of that to bare been on I | fee 20fe tember. Sometime must have boon oooapied i | In preparing thoco papers So it Is apparent tbe re was a ' ( des'gn to bring tbe action before tbe middle of Sotembw. ; ' The summons In tbe flan 'er suit la dated October 10, and , fee order of arreal In both cases were granted October II. Tbe decedent ns* arrested October 16 On fee same day be took out a suLp<?oa for Mrs. Cunningham to an- 1 pear before lustier Vlandman, returnahlc on the 16th. 1 Tbe unevedsled releaee found In Mr. Knkel's pnssnsMoc Is J dalod October 18. and the discharge were dated October i 22, so Ibat ihs parties probably came almost Immediately to a ecuit meet The deoedent said the suits were brought "to extort mocev." out Mrs. Cunningham told Mr graser 1 *he would cot lettle "ualeaa It wae la acme boaoraMe n aiiocr" No nnoef wm pud. Too deoednat ileal are I , la the Deputy Sheriff, In the p*eeenoe of the rlelmant'e , rocoeel, the day the tulle were ducbarged, "thoy were glad to let turn *o;' and la December -o Mre Wi Iiaae, that' be aatgoiog to take berupfnr'leellnyrrHee and other tb rrr, atrt rte ra? rory (lad t> make a arttle-n*ot " The terma of tte adiuMmrot are thee elated in writing:? 1 In conaldemboo of eettllnc the twr anln now pending be tuern In K A. Cunningham, I agree aefoUnea t. I arree t,-> ?n*rd to Mre. K A. lUDUlngb*? and 'unMf mr frlrndahlp through life. 2 I euro* never to door aet In any manner to the dtaad 1 vantage of Mre B A Cunningham. f S. In oi>' I rrniain a ml n inn/ lit* hmu? .11 ft i.< -tr't t now do. I will rent to Mie Cnnrlnghaea the nulla of n? mi elie una 1 OOCuplta, I I itimr, attii timl (women/, at th? rate oi a*?) a roer. ' IURD'V It, KIUI.U Tho perl* of the raper uudemcored Uaye boon crowed with a yea. Ho re are rime mmarkable at'pu'atiooi la thie agree mtnt I only not'oe at praeent that 'he aeltirment being Id wrltlry, It irnet be takrn aa nomprlrlug all the t run of octnproroiae, and that the gaaraatve of frlea lahl j, the anrureooe againit h ?ti)o arte, and the new letuag of the i prrrr.laea aro not <"?n.!ll out looking lowarla malrimea/, ' bat dlrneily a way from I v. ' 4. Tte Ictlem of the decedent to Mm Hubbard onetain eutcmaita rhow'ng >hc program of the aflhlr be teren the r aril re. tin Uie 10th of tkiober be vr-ttaa: "Mm Cunu'rgham la about In lake iunt rto.w I. ta- ' jure me, I thlrk;" on the 16th, "the trouble 1 ei- ? pectrd wi b Mm. Cornlbgbam reey not take place;" * on the lei of November, foar daye afler the alleged marriage, "1 tbtak that I abould not have had any trouble wl'h Mra Cucnlnghaai, If It had not been Tor c fplorr, who Joiaod her In ber attempt to Injure me; but all ituuiiib m u"w it ma cm, i hithb, mo w arvinial rbemlog and anfbl ?r>rato til her deetg a* were In |M me Vo marryher.bat * [?be] hae filled " Nor. , 13? 'There Hoc trouble now between n? and Mr*. Ooo- t nlngham; I U'*k Mr*. C will not milii ?njr more JiUar- ? banco, ltd that *b* will bo jnitl ud lotto 31 Biod luoot u (not ? eke rtr wl'b * (cod gr?c? " ?l rhail certainly (tl lid of Mr* Ciontogliun by opting, *nl 1 may got ?id of her k? *f ry *eon * 1 inuri you, ?oo* m ' I c*d ( ? her out of tb? hn?*e I oh*11." I i fter tbe *llogr<1 marriage tbe pnrtle* did not rehahtt tcgMlHir. The ooly endor * tending w> **ow c-ihab'Uim t '? that of Augurtaaod H*le* There I* tomethln? rtrange ' tod 1 ingniti lo tne fttt'tDeotiof them two young I ad toe to ' regard to tbe room occoped by ihelr motner A fact of tbtl biod I* or* sarlty cne well known lo Ihe family. Helen aay* that ber mother ilept In tbe *mal I b *1mom, ?or-rod Mory, before October W, aad continued there ' until early lo Jarnary. and yet at another place bar < word* are, " I did oat know thai Ihe Doctor and wo- 0 Iher one u pled th' *ame room, bull euppoeed * >." Ae ordlrg lo her account tbe tblrd ?tory front rooe* , waa not c?ed, erecyt aa n family niumg room, , until (be wa* taken *ick In January AuguMa, ?w t Ibe otter band, etate* that ? mml of tbe time," from tbo * l#t tf May till ti*lb o' October bar mother alept tntha tblrd ? ?u>ry hack mom or foortb wery Iroot room, with the ?*caption of a few n gbti before Ihe marriage, when the lept la tbe atr.all rotm eeoood *tory, and afler the mar , nag* areapied tbe back room, eecond etery, wlta tbe Dee tm,nt1ll the iMt of IVoember; that abe keocked at tbe i rfntr almoet eeery meroicg, and her mother a ?ay? antwere.1 her During Iblt eotiro period r e'rred that HeVn eoppoted her it other oeh toiled with y lb# deredmt, though ibe marriage had been kept atrloUy , concealed from her. and a ponton of <he *M*e lime the rohablta'ion w.re roo'latied while Mr* Unodgr*** wa* rlMt " lag Mr* Cunningham MoT Murphy, who wat mere lao month* prior to the 10th of NoTemmr, oaw U>e ward J robe bed <o tbe ftuall rr^m, reoonrt etory. dowo onl* onoe. *hc made all the no ' ?r , -ioaeri that only one perron *l-pt lo Dr. BnrdeU'r bed that Mm tuns Ingham had me t freut aWlc, and nay*, "I oeyer knew of Mr* Onaninrham tact DC in Dr. Bnr.ioir* ro?m." Hannah it*1?d that >b# ? oleati eunpeoad mat Mr* c lanlnghtm *'o,? In the third rtor fron? room aDrr Mr Thayer leD In to* r.ll Mho iho.n ?i iii?bt for ord*r* for break fait, an i ?a*r her i thare in bar nlrht <*' !>1<" Mtrr Iv,n* mo, ?n < ?er "ce notrmance.l ?> Nercmbar, and wbo mat* to. he l?, % never ot'?erved the wardrobe bet down In the e.itall #-4- I rer m bat onct. an* then i,,f carried the featbe. he t to the third Mo*? Ob"' roonl ,wo * *" bafnre CbriftoM the tart " alw*y* eenrlderod Mr* Cunnlnfham * ilrrt In the Vb'.-d ?tory front room;" knocked there to . a>-<m*e her Tor break'oel It) the morning, and ear-led wrier ant adm?ted the tied night. ithe JiidfOd from pnearMtoe* that only nee pereon alopt to l?r Rurdail'n hVd, two lb Mr* tJiiorirtham'o, and frequently no * one lit Mr tckel't She **w the key tn the door rtvnmn 1 nieatinr between Mr Frkel'O and Mr* Cnnnlngham'o room* cnoe. and *t other timet ntaoed between the mat <r,*pri on Mr* CutnlBghanTo bed The ynnn.r ladld* tept In the attic She beard them go to thetr room. \ knocked at the doer tn lite mornlBg Helen wa? generally ? the flrat np tn the moirtnf the wttaeaa *1eppe.| at Mra rnnninfbam'* mem at bed time, and Mr 10 k el waa often tltwr- la Ota e?ea.e| I MM* Sot lea bach ie*tll?i thai Mm CnMiagham u( t J