New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-12
THE CASE or MRS. CUNNINGHAM
A CERTIORARI GRANTED.

| THE CASE Cf MO. Ct NNS-'tih'H'
A CERTIORARI GRANTED.
A wit Of certiorari was applied for on Tuesday
morning BY Mr. Stafford to the proceedings in
the case Of hi. Client Mrs Cunningham, before Judge
DAILY Of the Court Of Common Pleas. The ollowing
MRS. CCNSISoHsM's PETIIIOs.
The petition Of Emma Augusta Burdol elbows t'iat
she is BOW prisoner, confined III the custody oi Geo.
w. Dilks, Police Inspector and agen. of John Gray,
ED, Warden Of the City Prison Of the City Of Now
York at No. - Bond street in the City Of Nowiork,
and that she not committed or detained by virtue OF
any process issued by any Court OF tho United States
or by any Judge thereof nor is che committed or do
tanned by virtue ofthe final judgment Or decree Of any
competent buna of civil criminal Jurisdiction nor
| by virtue Of any execution Issued upon sad juds-
nent or decree that the cause or Pretease
Of such imprisonment, according to tue best OF the
knt wcdgo and belief Of your petitioner Is come sup
posed criminal ofense where with your petitioner stands
charged, ard that such imprisonment If by virtue OK
Your petitioner further shows that che il advised by
her counsel and verify believes that such imprison-
mept is Illegal in this, to wit that the proceedings
before the committing magistrate, VIM s Dawson,
such commitment or imprisonment of your petition
er; wherefore your petitioner prays that wit OK
eCrtof0rf issue, directed to the said Wm Dawson
esq, OF the Police Justices Of the City Of Now
York commanding him TO certify and return to yoar
HoLor the proceedings had by or before him upon
such charge against your petitioner, and his action
thereon.
Dated the 10th day of August. 1851. .,,
| wM n STAFFORD Attorney for Petitioner.
GIN rnd County Of Ne.c. York, ss--Emma A. Bur
| dell being daily sworn doth depose and say that the
f.cts set forth in the above petition subscribed by her
| aie true. FINN. A. BtnnLL.
sworn TO before me, thi. 10th day Of August, 1857
Asa BrTHAS, Commissioner OF Deeds
TIE Judge granted the prayer of the petition. aud
made it returnaJle for Wednesday morning at 10
| O'Clock.
After the wit had been served upon Justice Dayi
SOB, It was discovered that the papers tad icft his
hands, Another petition, to covor this new state of
facs, was presented at q o'clock this AFTERNOON. Vhs
| folio wing is
! MRS CVNEINGHAN'S sScOSp rEriIicN.
To ire Honoote CHARLES DAILY. q ne Judges o re
Cocr Of Common P'tas for The CITY a"d cora'p Of he7
The Petition Of Emma A. Burdell shows that che i,
restrained Of Ter liberty at No. 81 Boud street in tho
City Of Now-Yo,k, by George W. Dilks, Inspector Of
and that she ia not committed def ained by virtue o.
any process issued by any Court Of the United States
or by any Judge therc Of is che committed or de-
tanned by virtue of the final Judgment or decree Of any
competent tribunal Of civil or criminal jurisdiction or
by yii,ue Of any execution issued upon said Judgment
decree that the cause or petcnse OF such mpson-
| mtnt acc, rcle TO the best Of the knowledge aad
| belief Of your petitioner, is some supposed criminal
ofcnse vhorewith your petitioner stands charged. oud
undsr and by virtue Of warrant copy Of which is
| hereto annexed.
and verify believes her sale Imprisonment is illegal in
tis 10 wit: tia, the proceedings OF the sad commit
ting magistrate do not by the laws OF this State, aa-
| thorize such imprisonment
| Your petitioner further shows that, as she Is in-
formed ard believes, that a writ Of cert,orGT1 was
| granted by your Honor upon her petition in this
came matter al about 1Ci o'clock On this 18th day
| of August 1867, directed to said committing MssiS
| tIate. That the same duly served on said magis
,ratc at or abou. the hour Of II o'clock on the same
day That said Magistrate thereupon declared lar; that
| he had delivered the papers used before hiG to A.
Oakley Hall esq. District Attorney, upon demand
| by .bid Hall That upon request being made
OF said Hall in relation thereto. on behalf Of your pc
tte ner said Hall declared that the preliminary papers
upon said charge had been delivered by him to AID
were then in the possession Of the Clerk OF the Court
Of Sessions, and declined to have them pIodrced on
raid former writ And your petitioner fears that
| unless new wit he Issued returnsble forthwith,
| somc further disposition OF sad papers VII be made.
in order to deprive your petitioner Of the beaeht o.
| said wit.
Wherefore your petitioner prays that wit Of csr-
toydri ISSUE d;!ecicd to Henry VandeIvocrt, esd
Coik Of Il Court Of Sessions Of the Peace Ia and for
| the City AID County Of NowYoTk, muand.pg hin.
iumedatey after the RECEIPT OF sad wit to ceity and
incs had upon said charge against Jour petitioner 10y
said Dawson The proofs taken by him. and hs action
| thereon. .
pa;sd lleiiib DAY Of Ausust, 49, EMMA A. BURDELL.
| -wN X S1afioED Attorney for Psiticaer
y s.s Goss o. aS hsr ,s, ,su ga, s4,SsG asG.
! above petition subscribed ~ he' axe tIEs; ,,,.,
| tHdA bl hOlLL.
| SVEN before N. tai, ii,h day Ct Angus, leSI.
! Wsi. LEE, ComD'is'ior e,.of Desis.
| stcoLd writ sl;o reiurnabe Ike the first, at 10
! ,.c.ock tbs mor1itg was Immediately grated. Of
which Tic following Is copy:
| WRIT of CFRIToH>aI
The People OF the State Of New-Ncrk to Hst,{ va
dervoo, C,k Of the Court Of Sessions IN and 'sr The
! CITY and County Of New-York:
| We command you that you certify July ard a.
large to the Honorable Cbsres I. Dsl.. one o. .as
iudces Of the Court Of Common Pleas for the CITY and
County Of New. Ycrk. ct the Chambers Of said GsuH
! in the City Hal OF the City Of New.iork en- wed
nesday, the l2'h day Of August, at 10 O'Clock m tue
forenoon. the day and cause OF The imprisonment 81
Emna A. Burdeli, by you detained, Is is suege1 ~
| whatever mans the said Emma A. Burde,i shall DO
called charged snd the preliminary afddsvisN. Pro-
eeedivgs and judgment Of wm. 8; Dsvi,o., esquire
Ne~-yoik. low filed Gith you sPon any and I'll chsrsss
/ sg ainst said Emma.
| Ard have you ttea and there this writ
Wnsss Cssrcs PeAbcdy esauho Gao o. bs jpt.osS ~
tho Suceu, Court Of tie State Of New fok q the OtJ 81
E.w.YCTh the il.t dag Of August, lsS''
~ tse ca, HioHAx2 Q. CONNOLLY U~4