The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-13
ruE BOND STREET FARcE.
une False Heir 10 the Burdeil Rotate vhc
Certsor~rf Case-The Writ Ofsmissed,

Certsor.rf Cause.-The Writ Dismissed,
&C., &C., &c
yoouAr OF COMMON PLsAs-oHAMBERs
Before Judge Daily.
ArGrsr l2-ne People rel Emma A Cunningham
cAvsOsse called BurdeQ, aoatnx Wm g. Darsson Police
ssoAr Hall produced the blowing return Of Justice
Dawson In 70 The writ Of cerorar granted b. bis
honor Judge DAILY, on tuesday
Jusum DAvrsoNs RETURN TO rfx csRrroRAR.
thas on the 80 day Of guss A 1857, A. Oakley Han,
Esq, Appeared before and made his complaint under
oath W writing, asa,n., Emma A. Baroen for ~lilful
Ind feIooious Viola ton OF eco 81 s a. chap part Of
che Re, ised atates that the reupOn Of
proceeded 10 examine The produced 10 support
oil the prosecution and reduce the te imony 10 wrttg
and thereupon pursuance Of the statute,
animation OF The prisoner that the prisoner waived her
right TO sm'pe witnesses Tor the eopie
Introduce winsse Nm Der BEHALF that upon ie said
proceeding considered and 20 oeaided that an offence
agsin.t said had c,mmtted AMI tina, there
vas probable cause to believe the prisoner guilty thereof
md ,hereupoo made Q ~arrant OF commitment In du .
form Of Aw, copy Of hich raid warrant Is hereto an
nexet MAJ ked tchscule thai In course of law
have Office Of ,he Ce'k Of the Court Of
che deposition as above sssS 0y me- p,,,, ,,,,.
Pouos COURT, SECOND Dlsrnor, Nsw YORK, August Ia,
The warrant Of commitment Is annexed.
Mr Hall raid that the above return had been super
edec, except far related 70 the detnou b,
the retsru Of Mr. vandervo,rs, which he read as fol
bcwI:-
vANDERvOeRTs RETURN
Henry vandervoost, Clerk Of The court Of General SEES
eons OF the Peace, In and for the city and county
York, do return u the annexed writ Of cerorar that
have present or official knowledge OF the day aad
Bprdel, II imprisoned che be; that do not de.an an
bave po detained her, the said Emma Augusta Baroel
snx neysons y, n. az ~ hs, nor
Yeturn herewith ceran original sdsvt against the sais
Emma Augusta Buroeli, and her examination uajer a
charge Ct felony, which have been, under the statute In
such oases made and provided, certified to the Court OF
Gene raj Sessions OF the Peace The magistrate taxing
che same. who name therein, and which are now OF
record the ssio Of Gen. sessions Of the Peace
whereof am clerk. HENRY VANDERyOORr.
August IL, 1867.
Mr. Hall moved that the writ be dism used, and Mrs
Cum ipgham held in the custody which she Is
Mr. Stafford, unset for be prisoner, thought that the
District Attorney should state the grounds which he
made that motion snd proceeded 10 show why, In his
opinion . review Of the proceedings In the below
should be bac anc the question Of ba should be decided
He coriended that there production" OF child
tn the mphed by the sta ute that legal
h court Of justice should be done whal would constitute
ch I'm 10 the eeta< or Hvte 8urdell Ia behalf OF The
child b., for the crime wa. COZ tn the are
declara ion mare poll officers who her resi-
oence ~ nil night tos, the child Was hers, thA
wa DR.. Burdels, not srfn aent unless 1t shown
that she w9 the wife f Burde because, unless she was
the child could NOT inherit his estae nor Of course de
fraud he FgL heirs the child ilsginm.e could
ncs inherit She did declare that the child the
onsprg Of Dr. Burdel ana his wife but that /. was Dr.
Blu dePs and her chile
M hAu feferreo MS IeATn0Q Hi0hQ 70 Utoerne WiltD
AFFIDAVIT 70 show shas che sta cd Dr. Bardeps law
full child.
nent that was not enough. Ae commended that The a
eavt0 were faaly defective. If she had applied for
redsapp or The claim hal 70 mSbi bn1s sao Os
production There wronged by her mere
oecar.aon and he horebt the plan adopted to
crime before ac ally com mited I'd defeated it's IL
auo Il questionable VT other the arue, who melted
hi, crert to commit The offence wsre not indctAbls
me Csur said thsi the question whether thcre vas
intent 10 d.f'aud, and presumption OF intent
hey had the fact 10 the aidavn; nra Of allegation
Dell hes sf. an estate which This child !. vas hers aud
conc ed by him, would Inherit his estate again that
s bad pu. herself in he position q lying 10 woman, and
had produced the child a. II had just come nom her
womb-thAs was very grave and serious ac and In
swepty perhaps when abe desd-thst fact
proved ould be Of great importance should the child
then prsen, his claim q The hee TO Burdeis estate 1t
she could 10 accomplish the crime His honor cited
which oocurred In France, where duhc and duchess,
properly. aud . child ws actually produced before
Witnesses from bctseen The limbs OF the duchess
Who Vas really In travail in the bed under tbs
supposed mother. me fraud dotec,ed some years
md the ducSsss vs sesersy nes %
che offence In the present he thought tina, all the
fscn stated In the an iavi,sthe fac, Of hs Cunningham
assuming 10 have been delivered Of child In
conbccaon with her declarations that It he lawful
child Of Harvey Buroen were sufcen, evidence Of the
intent 10 defrsud The rehul heirs 70 bis estate TO
rant the po,e magist-a be send
che oase before proper tribunal II war hi. duty 70 do
co. and be thought hkely hs, he were the magistrate
Mr.. Stafford said that II those his honor's Views
would be upnecessrS soa'gue the matter further. &c
would therefore 20 into the question TO whether MS
Cunningham wa emitted 70 bail They did MOI WISH 10
avoid . trial. but they wanted 70 hare her released on
bail.
The Ocur raid that he though, an act which
sa ., that u uuipg magistrate 1xed bail sdju
dcaAd on the question Of all II could not be reviewed oy
Mr. Hall ssid thai bis honor correct, AMI produced
The dice as Of 1884, which declares that where mag
nitrate res aoudoa on pail court can interfere TO dis
turo IT, except court ha,n, Jurisdiction Of the offence
Mr. Stafford thought that referred only 70 cases Of
babeas corpus, not 10 Q certioari
Mer examining seve al ees'ions Of the act which
I'd 10 conhic, on this PORT, Juoge Daily said tbs, as toe
police mse trGe hah decided hat II not bailabie
Gaze and a. he Iudge Dsy) OF opinion tina, the mag.
irsie hsd Jurisdiction II would be very delicate matter
a oertiorar II he found that offence had not been
committed would be his duty 10 discharge the prisoner
but having decided that he ofen nted aud
considering that the decision OF the polite magistrate tina,
there should be no bail was matter OF discretion would
be improper srothsr magistrate review distortion
Mr. sssaUrd urged thai although the court might no,
have ue 70 reve~ he secretion OF the magistrate,
nigh, be proper for him 70 revs~ his motion before his
Jsdse DAILY raid Gas very Doubtful whether any power
eIb'ed m Jucg,s Of The Common P.ss 10 sc except In
casys o. inability IL The CTS lodge rhey we're no. pro
periJ Jodss of The Court o. Sessions 10 c~es Of ball
Mr. Hs then asked the Cour,io oismis the writ
The Court ssid that be you'd defer sciou until nexi day,
v cocntl for the prisoner desired r.
Mr.. Hall said that counsel could apply Of once 10 the
Court OF sessions tben
NJ. Stafford doubted he that Court had jurisdiction
anti after The ind'ct ent found.
The Court inumA,ed That bad not but Mr. Hsu repeat
ed that n had
An order 70 dismiss the wit OF ceroran then made
BY Judge Daily The following is the order
DISCHARGE
Upon the return 10 the within -r, and the dispositions
and commitment being produced by virtue thereof and
being inspected and nsidered afe, Argument FOR the
prisoner, o. dered the wrii 70 be discharged.
AvcusT II 1857. CHls DAILY J. Q. p.
The following points were pre,sred by Mr. Hal on be.
bali people, but the Court decided 10 d Miss the
writ i'm hearing he other SIDE VA not Necessary 70
produce them
POINTS FOR THE PEOPLE.
The committing magistrate mas In review OF the evf.
depce adjndsed that Q felony has been commued and
70 N deSendauts quilt arising