The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-06
Helen and Augusta Cunningham
On the Stand.

Hs Affidavit that Mrs. Cunningham did
not Give Birth to Child.
UoN1r~ON~o~~u>NNo~ON~
xHH LAW IN THD CASE.
o.-.--.,oo1.-y~vu~D,~l~~v
Probable Punishment Of Mrs. Cunningham,
having been announced that the examination as the
J~Ge,son Market Ponce Court would DO resumed n
sssosk yesterday morning. there large attendance
s hour but the magistrate and olerk did not appear until
s.ue time Afterwards and the examnssisu did not
ance until after 10 O'Clock During The morning District
AsD ney Hall made hs appearance At the Police Court
nd had conference with Justice Dawson In reference
10 We case The following conversation occurred In pro
ssoe Of The reporters
yus,ioe D~vison Mr. Hall, did you see that oonmuui
sstoo In the axALD this morning signed "Lex" den, ing
as under statute quoted Mrs. Cunningham could be
AsIo amenable 70, any oaepce3
NJ BALL. DID nos read tho newspapers this morning,
Ne difficulty presented Itself 70 me- and you re-
msmner We had some Conversation respecting H. bui
sun believe thai oouviat her, even under that
rovt,on yet should fail, there Ia still another pro
vs,un Revised sasuee under which she oe
vtussd, In my mind, without any doubt ~hasever
M Hall then reed the following
kvery person Who shall a.temps 70 o,mwit offence
,~sd the oommisi OF such offence but snail fail in the
thereof smell DO prevented or nercesed
e,scusins The same, upon icuon thereof sh in
oases where pro ision ID zoe in Ia FOR ne punen
psn' Of such offence. BE- pursned q fono"s:-
49, -. ocsn,. - .,,.nr.sa b. n,,,.s.,. Nv
arkop mept In sie prison FOR four yeas or more. or
b. mpr,sopment In county jail the perscn convicted OF
ss or oou. I the case be- for
s1oeediDs half tho largest torn Of Imprisonment
prescribed conviction Of the Oh oce 10 attempted
Aevted Statutes, pa T. chai ter tltie ', section
Vvder hi, cIause continued NJ Hail. We can send her
- ,ne ssats prison for ave years The Law exceedingly
ssvers against attempts You viii remember the on
ypDssd Or Bosh, who gave match 70 an poendi-
~ who fred building; and akhougn this party notified
~ rasistate he wa himself convicted Of assmps ct
sssoa and the higher courts reanirmed the decision do
~ .ee In any oiss Mrs. Cunningham can escape.
Here The Conversation dropped
sHE INVESTIGATION BEFORE JUSTICE
DAWSON.
ma erAmns,ou was nxsd for 10 NJ but u was nearer
II .ben 10 C. mmenced sibpnpas had been Ssued In he
srner par, Of The morning Professors Rsker and Do
vsss Who we're ordered mako professional sxsmina
ars II The person Of Mrs Cunnngham hiss Helen oun
atsxhsn came into oou quarter 10 II, and
Nd examined by the clerk, " Murray he was dressed
N orosn hsege travelling drsss, and wore her veil
anu the commenosmeut o. he examinanou ehs dh MOI
,oem n regard her moshers ,uchsmsns - . psnto
mine at ali Hh---,-.-4 ...... ..-... .........
rpsrrxoNY or nrss ByLn cusRNsHAM.
o d. you reside q 81 Bond stroeu A. Yes, cir.
O Are You he daughter Of Mrs Emma Augusta Bur-
ieu Otherwise CupnlDehami Yes, ar
o You have been living Of he house there since' A
v~, ctr
O 10 your s.er Augusta In he sn,' A. sae b In The
hutro NJ hcun
q Was sb. homo on Monday lest or Monday evening"
A. sbc was mot home hopdv evening; enc len the
house on Monday afternoon; think was aner four
O'Clock
q H~ che been back W the house sinoes A. No, sir,
sAe he not bseu
O where !. she po-f A. saying In Lexington avenue,
between T. eny ff aud twenty sixth Streets do MOI
inv he number
o with whop' A. Ma smons, sister Of my
mother.
q Have Won ,een your mother sinoe Monday lAsv
yss ny mo her ordered cariisse Monday afswnooo.
witch was N be At house Bond street. at O'Clock
an. va. going with Augusta Mr. LAdds, al 90 Water
s,,es be doe, business for her. mother had not been
ve for the pax week and she n dinDer she
~heu 9Th violent paine, ana ran MP stair,
nod 10, her some brandy and peppermint, which
,Ae ,ook 9TH her dinner; after she tock she
s.d she fen mich better and went up Stair 10 pre,are
70 70 ~ ing: she then waited FOR ne ca rage I'll
,ulrh she sad that osme 40 late she would MOI ind
n, I.ds In bs ONCE, ard hen my sister being 40 sick,
be lad to 70 nr pair OF ,hoo. 10 Grand ses he mans
same " Bulcn,, think, oui do not kno~ the number,
,aru.a sa al. would take the carriage and 20 the
ssoemaksr IND ,hep ride up 10 my sunts; she asked
pober she night rcmsin night; mother said she
sas better not a. sts sus,a) bad not beoa we'll; Al
ts.,a .ao haiD Smith told her that change OF air would
seoeat her. AMI mother then sAd hat she night Co. ami
I.he found pleasant she might stay 'ho aso told au
tas,a that ne (Augu,ts) taken sick she snouln
sod FOR nd che would 60 her Augusta hen ~eni
io-p, got int The carriage and drove or
. md you smaip with your mother ina, snern'ou A.
t.tayed at bone; old not remain vi al the time;
80 thrcrsh the house and In and on, Of the rom
Q TIL WIS time A. Was there al IN. Uhl came
Q Amer Auusta left, hcv your mother 'icki
she bad 'esp complaining; she dhoveh Oa' bilious
s-yas~t ae ca, no clcuHuber, u abopt
srur and Q he af'er sbs' she went 10 bed
We're yo In The room wnea your mother vent to
s-d9 A - not; Mr Barnes ~s; had gone down
uasr. Mr., arre the only person with mother al The
sne; vben rnams up ven, into the room
q About INV lnpg you absent when len
he rom meher had her skirt and her bs,quo OF; I
SEQ, down ND spoke TO- my younger sister, who va.
porus brosbt Up some chthe-
4 wha, .ct Of cio,he,' A. ro~es and
q Any inanrs clo,besf A. Yes, sir; entered the
scs room AID len The towels 10 closet between t~e
-ccm., tool some flannel from the drawer and pu, II
.h o..p no, water, and told Mrs Bsrucs that there
- the Gar nd -bep sbe wanted u; she toox
~ my mo,bes -s there when she applied the asune
mother
. Abcu, ~ost time Of day vas th1' A. think aeeu
so'ocrk; an not certain Of the tine
Q Had yor mother sposen TO you ao'ut nov connoe
nebt before' A. No, air, she had not, not thai rsmem
Ne-.