New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-09

nay al % considered, but above all crcIDs W
ce cchsaered IN this cBuecuOo n he sex, winch
e,u,inisbss inmessnrebly. " my ulcoeht The power
sud probability If escape. Thy, IN corne-tol WI
her children, numerous, lslpl-,s sod aepen4snt, ana
fa'h b0sLise to t0oitty N-t @hs N!. man "hS.e
sAe 'sn ~ subjected :, the opeat0 on 81 the Jaw sssm
N he almost ADEQUATE recOgnzauce tOr her tppear-
spce for tIa and strengthened By bond l's & rea-
sonshle amount may, think, be relied ON, uoder al
the circumstance with entire safety. Perhaps no oc
surrenee within our time has so electrified society,
throughout ell ranks ard classes, "a this aud oue
shortly preceding 1t, with which N the public mind
this unfortunate accused wa. also assocsei; and GER
fainy person under suspicion was ever moce rIgo-
rously deal. with by public opinion, aud u - no. re-
marksble that snder the influence of the prevailing
sentiment by which every one must be ahec5s IN
greater less degree, il should have been difficult 70
convince O CONSCIENTIOUS and enlightened Judge u q
II was safe and proper to admit her 70 ball ost now
that the lapse OF time has allowed the tempest OF pub
6c feeling TO subsde. il would be not little remarka-
BE if magistrate should be found to adjudge, upon
all the circumstances Of this case, that no amount OF
bail would render her production for trial reasonably
secure. The value of this night to Der and her family
at this most critical uncture, when in addition to GIL
ordinary reasons, It's Importance IS Immeasuraoly
enhanced by her necessities for II 70 enable her
10 prepare for the ordeal through which she is
about 70 pass, is too apparent TO call for remark
But the Importance 20 society that the law, which de-
ponds for its support and enforcement on the respect
It should maintain in the hearts OF the people, should
not be allowed 10 work injustice and oppression is no
Ness momentous; for with nothing can be more hta
than dstrust OF public justice. Inc scenes OF VIo'
}ence and outrage occurring from ume 10 nne I'D re-
gions which we are accustomed to regard a. less
favored than our own not more 10 be deprecated
Aecause they done in open defiance OF law. On
the contrary the same amount of injustice p3rpetrated
in the name and under the forms Of legal justice would
no further 10 undermining and destroy society," because
should the livery and feign the sanctity Of
Judicial enactment. Ny conclusion that the ends Of
public Justice will be answered by admitting the ps-
Uper to bail in the sum Of 5000.
The case adjourned until Wednesday morning,
when the District Attorney is TO be notified OF the
names Of the parties whom the defendant proposes as
suIeties
The reading Of the decision having been concluded,
Mr.. Hall asked that Judge Peabody draw up the order
Of the Court in his own handwriting.
Mr.. Stafford have the form Of an order already
prepared.
Mr.. Hall later examining the form submitted by
Mr. Stafford order is that the bail be taken
before some magistrate. 1t should undoubtedly be
before your Honor in this proceeding j would there
fore move tina. We adjourn this matter until the time
when the bail can be taken before your Honor.
Mr.. StaffOrd-We propose to have the order drawn
up and approved by your Honor.
Mr.. Hall-But the bail must be taken by your
Honor.
Mr.. Stafford--The only difficulty with was to
decide under the law whether it should be taken
by your Honor or by the Clerk of the Sessions. The
lsw is thi,that the writ of habeas corpus provides
she recognizances with the Clerk of the County.
Mr.. Habitat is another thing. That is in relation
20 the arrest and examination of offenders, and has
reference to proceedings a writ Of habeas corpus.
Mr.. StafOrd-I had framed the order requiring the
bail to be filed with the Clerk Of the General Sessions
It il, however, immaterial to us.
After some further discussion, decided to have
the bondsmen appear before Judge Peabody and jus
ffv NJ Stafford announced that of the sureties
whom they proposed to offer in Boston, and would
not be here until this morning. In view of this fact
they asked an adjournment of the proceedings until
O'Clock to-day. The request granted, and Judge
Peabody signed the following orders
Before nc Honorable Charles Peebodg on. Of The Justices
In the matter application Of Emma A Burde. upon
writ of hsbcss corpus for admission to bail
Upon the return of the writ of habeas corpus here
fofore issued by me, upon the petition OF Emma Au-
gusta Burdel and after hearing A Oakley Hall, esq,
and VIM r. Stafford, esqs, OF counsel for petitioner,
and due deIberation having been had thereon, do
hereby order that the said Emma Augusta Burdel be
let to bail upon the charge preferred against her, and
to said return, that the said Emma Augusta Burdel
is now held by John Gray, Warden of the City Prison
of the City of NewYork, the respondent to the said
writ of habeas corpus, and that such bail be and Is
hereby fixed at the sum of s. 000 and upon executing
bond with sufh sent surety, to be approved by me
(such surees to appear and justify before me- at tn
CnemDer OF the supreme OOuIt, LII INC SHy itd4 va
abe City of New York, on Wednesday, September
1857, at 10 o'clock a. M, the said Emma Augusta
Cunningham to be discharged.
ISigned) CHARLES A. PEABODY, Justice.
Mrs. Cunningham then left the room in the custody
Of the Warden's Clerk, and was conducted to the City
Prison.
WRIT OF CERTIORARI GRANTED.
Before Judge ROOSEVELT.
immediately after the decision had been rendered
and the order settled DstrictAttoney Ha applied to
Judge Roosevelt for writ of certiordri, TO remove
abe proceedings into the General Term of the Supreme
Court The writ was the common statutory writ, for
che purpose Of reviewing questions of law and does
not stay proceedings upon the order of Judge Pea
body admitting Mrs. Cunningham TO bail.
THE POLICEMEN'S PAY.
SUPREME COURT-SPhcIAL TERx-SEPT. s-Before
Judge ROOSEVELT.
The People, the relation of Richard Gamble ss The Police
Commissioners.
The certiordri in this case having been allowed by
Judge Davies, Mr. Sherwood made an application
<r pare for the allowance of nine other wrts in the
cases of policemen discharged as it is alleged without
notice of any charges preferred against them, aud
without any opportunity OF being heard IN their de,
Tense, required and provided by the 9TH section Of
the Act TO Establish Metropolitan Police District.
The Judge took the papers ana will decide tomorrow
Smith as.. Guyre.
Motion for new trial denied pro torma
SUPERIOR coUkT--srxcI.L Tssn-srrr. s-sefore
Frederick R Lee and GeOse C. Taylor .st Tn. Manhattan
Life Insurance Company and 0phelis r. Taylor.
This application for an injunction restraining
1he defendants the Manhattan Insurance Company
from paying and Mrs. Ophelia Taylor from receiving,
the insurance on the life of the late Joseph 5.
Taylor.
The Judge granted an order requiring the defendants
10 chow cause, on the 18TH why the defendants should