The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-05
MRS. CUNNINGHAM IN COURT.
How enc Il Treated In nPrison-ConcIUsiInG
Argument or her CossnseI--De -Decision Re-
herved-The SUIT of Hannah UonIon.
sUrRsMa cOURr-srECIAL TERN.
Before Hon Iusiico Paxhodx


1gumen. in reference to admitting Mrs B1rse. s,hOrw,ss
Cunningham 70 bail pending Indictment and uAl for ftio
Ecusy producing false heir 70 the Bpvde estate, Judge
Peabody look his seat the bonca. Nearly every ses
In The Court room oooapied by privileged parties
hour before the prisoner arrived and tho halls Of tho
building were crowded 70 excess, rendering almost l
possible os reporters and approach tho door
There could not have been less than turee thousand per
IN and about The Court room Mrs. Cunniuehsm wss
present. NJ oourse bot the extreme end Of table,
and die not communicate with her counsel
The Dbtict Attorney said shss seoordng N previous
arrangement with counsel he would present his and conn
sells points 70 the Court He Also offered two additional
authorities, nnc an English snd another Georgian sdtno
f!ty, 70 support bis motion Of njud,cosure
nom Justice Osborne, 70 she" tbs. M was
mob prosecuted BY the officers Of tho law
LITTER oP Iusrrcs OSBORNE.
.o-si sss 'Scs Sosk 'sssa ssp. r,iassef' I. lss1
twenty
sss E p :p ns ;, ~
PIE aonsi e1ss o. bis au ..isn 70 Sqra dsiio
Ss to As a" Gs;. saoas s Sepr Cs-1sS ser
BE also read the subjoinsd statements of Warden Cray
sud hr Foster, resve 70 the treat OF Mrs. Canning
ham n the ronba
now sRs CUNNINGHAM 10 TRHATsD m PRISON.
s,ArHhsr OF rfw wAspES IND MRS FOSTER
NEW YoRK TRY Sept 1857
u The ss !. n. ma, = ss sssn.
% % v nnSsr Of
prison rus. has been cred o eonsln articles Of
.h.. the other Of ler daughters continually
That The only ffirpd whom the nndas,gued Flora vo-er
Of 2 n s w % ssd
sas r. FUSED on that account
,e.dy prsoser I'd WIN more .nag .hs.
.s . =, to ss s "a r,gr
shp Or bushes 10 order keep on. crowd ef peo,e who
nens 9, The prison ''' s'''fA
her !" saS says nS s sIr
Rsor ,ues and this ne sole exception In tho prison be
as sSy S,dsr cm any Of hs
y epS po ras san
him no, o. b. =. rsel ~ o. .. ,as
ss fsa 20. s
over h.% irnD, s isrc Ao.ney % be as crcuspec
doubt % si which rs.sSns Of he
O-''' A''''' x sos4ss S1iSsn x.rou
JOHN aRAY. warden.
gument but he deemed II prndeR offer the m He sub
mittad ali bis documents 10 the Court remarkng that ho
saa On sDGssemsnt a.oshss place but would return bc
JudRe Peabody observed that ke supposed that al that
rooety desired whom . party reasonably suspec ed
Of lime and there was reasonable evidence whinh
sustain that rspcscn, was thAs the part, should be
brought 70 rial. Whenever seemed necessary 70 dc.
S1, S1 parry ssGsssd Of crime shsy had right 70 DO
Erain him OF his liberty. He hought Ihas the whole
question 20 be decided IN this was ihers rsasona
party 70 bsiS MT, not he dooe but IL there s
natl should ee dyed u Huch amount would secure
nr Hall oonceded ha. the Judges Views were correct
no fAr - ry went, but be q oplnon That when
ne ncu,t gave the subject fuH exsmnaAon, Il would
bail 9..s
M sAfrd cited additional aaA~isss IN snppovs Of his
hsshew Hah Smith, Hsq addrcssd thu uour. IN behalf
Of kTr CunpushAm in an eloquent manner. In hs intro
ductosy observations he anunaav vcrted In very severe
mar hv
Attorney towards him and his colleague In calling
pettiicssers" The speaker rctRcd that the msn VINO
made waA one OF that class, and clothed only
liulc brief auihoYv.o Hs charged him with o,mmit
ting she cepce for which Mrs uusnnsham wss dsained
satin and rhi" This and other personal remarks caused
much aushier and srplsuse, resdsyirg necesary call
The prosecutions which Mrs Cunnipshsm bsd endured
she wept and groaned andiby He sad that gentleman
sss present who ~ss member OF tho grand inquest tsat
Indicted Mrs. Cunr inrham for tho murder Of Dr B1rde
and ho ,cd for her crvinion believing her su,y Al
the time, but bad subsequently, been ccnvr that
,be ysci Of foul conspiracy and was nov vrps 70
rive he requisite hail for her .poesrspce " smuh
charged The Ds,rlei Attorney with bens . a5i,n writer
to- one OF uornns Iourpas Counsel inerpersed his
rcmarks with numerous qnosions from Scripture In
the arsusge OF another, de ivcred gnod Univeysahst
ss-mnn" seems thAs he Ia Ako q member Of The oIcr-
me folswng are sr smi,h's poin~-
The So sss BY as psic, Attorney he s,ns
vSS he had sesS S0er Saasc
20 ssse ps dG not oo % ~" W. ~ 10
Judge h,agh.he nd % power prooreding under wr
s.ss. ssone mn he Is swss
:asi, but .iisi he cssn.e q lhs ~ord 1o Il ,
rnns INTO ise ros1m.nsmsni. % wssre ere s's l. no woa
VIC, .p., hat III. cears lad ne rossp . ser hs mo-
" 1 se ss sSs = BAL ,,nssr. ~ % sI
II rs.,ae Juas- should admit . bail in the prea.u, c..e
crime oomnayd undsr an indictment, II II doe. no.
re s..,:'s. q :.
.gps.s sss Who NAY arr
,ns oour sornI q 'sss no poss o. y he decision Of s
&c, =. M ps''c.., s,s 'o~m,d 10 crime 81, ought %
IRE prernsdc.n.s 81 s,dssse u vor ss or ,0 q,
',: .,s,. =. as.;,. ss s,. .sss
vescsssle d.cr-aon admit thr p-.iton.r % ssl. '
lrns ss IN sssrs & sy Ss sn re.r s..rrsy l On rs
ugo. y !. Io.s, ens;, vi v,.. . .tmn o t. sgv,y
:9s .sa.S q chi, Be 'ddlc.ed % cOu
y. pro S,c, 10 y, = ssa sny W. =. Tsss y ne p.
.s a G.; ;GT ss;s @ ::s.s : N - :.
:::i.' IN, S-.s;;; s:a 80 nsSrS s
.ssr,s got ss s..lsa ~ .ss !: ape as..s s,s
s5Ts, ou rs a.. ne so sss No s1 :" % ss
=. q nc lard o. PEI, ,oner could no, eommli c,tns
u, .. s,oya =. nd y.ass,ps a.;
hia ryfrn
hst The D~v sustained whrn ausas Ser n ssii
and housh the vnuan suHerei ias aev no, aba 10 .
csre he cdium Of nsuc~nrnt
when counsel bad concluded hs r-..s ruSrA ps.ho
~ 'ah 10 would render he dvt,u on r1esdsy ne,l :.
o'e oc"c-i "a Shlrh hnse he case v~ adjourned
80 srta vas The crowd that Il wss deemed pradent 10
asan Mrs Cunningham IN ccrrt for time. asi
der 70 svod creating Undue excitement abrdng fur
hsv error NIFTY fo- ibc curious 10 CRAFTY lheir morbid
snsiet 10 have sight the prisoner The District Auor.
pey waived the peccssiy OF her Appearing IN pevpon
Tuesdsy Her ccvnierance wee an sxcecdinEy animated
rrprrssioa vhle the Judse made The few hrsf remarks
~hioh are embo lied In our report
nRs. cuSsmeBsx IN ArorHHR CASE.
ucovp pIsrpicr
Before Judse o'Cannor.
srF1. t-HasnnA cbnisr u Emma A. 0nn,noAa.n,
aAs'atV collsd E~~d A BwdeR-severa weeks ago tho
complaint In this action published In the HERALD. n
~il be remembered that the plaintiff who Vas formerly
sssrvsns In The employ Of Mrs.. Cunnnshs NJ acsed In
hc- complaint that Mrs e. Indebted 10 her for sors
tv, months wages, In al Amounting 10 as so Nrs