New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-09

WARE or g,srAs Corps FOR THE DAUGHTERS or
MRS. CUNNINGHAM.
To he Rs. John BI.ay ga q AS ..'''s"' S"< Gear
he rsruon Of AelIy L cla:oa .ad 8 G reAyer show.
IA; august. =. Siy No 81 sosd stree ia he
NV Of SswYork ~ Edward C@nueiy one Of tae Cosoaet
e Se y 81 or Sls "A - .;ss .y F.
any Coari Of se pnied s,.es 81 ~ or ~tpd ~ ,se
- se ans. IND srsn decree n Ahy corpeoent ucuuN
v or sruins -ssoieon, ~ vae Of Any eHeea.on -
sued uron .uch JlGgms NJ or tecte - "a. ~ -,
4 suck o; their a essn 81 l.t noe.,
,he Be-, Fl tie sIc~sdse Ant SELECT Of ySai
yrrs order gwen By ConneTy - Dls Que o. tas
Of P,iee OF sd city 70 con ne ger = 80 r-i..
81 Bad street IN sid ciiy witness upon ar WR's.
SOW heips held by Conuery Coronsr - 20 va
oqire INTO tie cause death OF the se Harvey suIe A..
your petition further pr~seu; teAi ne uesAl' % %
each Of tAeu Imprisonment A. your p ,,Sct
xtt,n process of .nv hind wherefore y'af piiio9er Pray
tia, viii OF klbea, .pss directed 70 ne .sii
~ CEs ss. te yoa HSaor ana so Of
tAeir And each OF heil impiison meet n l" Ta,yTR
psred tie 7th day Of Februxy 1857 ,.,.,n
TnsSsr s.ch ..vrAy sers day sworn 10th dePOse Al
say sach fer facts toa IN The above Pe
ton, subscribed BY them are tue q TTaa,yyR
Sworn before me hi. 7th day Of February, ISL
S,rH'L JAWS T.. Comm ssouer OF DEEDS
The utric, Attorney here lead the following re- a 10
the Gaze OF the daughters OF MIS- Cunningham 70 'he
Court:
NISGHAs.
rh-,hy return 20 the within that the within named Al
At
u.r Of the CITY County Of NewSork and Soronet yaty
~ M .xor 10 inquire the Of the desih oy vac enc
o. Dr. Harvey Burae who found dead on the morning S
S,t OF January s. sbo9t Se.set = me .0t
bv he mother Of the aid persor detained BY me- the mother
beng pcsed in the charge Of the murder o. e ne
psI.ors de- AIMED BY ue are also either imPneAsH "a sSs
NJ. n The detained !; u0S 1R6sI
'I - S'io' ISL; ;7e jury Aforesaid N' y >''''
Mr. Clip'on-I will simply state that presume
that the district Attorney will concsde that these
Tar les ere on'y detained "a witnesses and me ptn
cipes sp he'd the case OF Snodgrass VIII also sppy
10 this The only way 10 secup their atenoAhce Is "
subpers and II they fail 10 attend, an attachment
could be issued myself told the Coroner thar ne
should examine them as rigdly "a possible nave no
objection TO the continuance OF their exannau3u ou'
with regard 70 these two young ladles, II u my luly 20
hold ali their legal rights although waived s teen
pic slities in the case Of Mrs. BuIdell and Mr. Eeke
These Young ladies ought 10 be no longer considered
az prisoners they have been tor whoe we, auu
yh thew leave this courtroom, they should De once
more permitted 70 bre athe the pure air OF heaven WIN
ont any restraint from the Coroner his young lsdy,
Mrs Helen Cunningham, will OF her osn accord return
and submit 10 the continuation OF an examination.
Judge Brady-ls Mis- Cunningham now on ths
District. Attorley-The return says now on the
stand and suppose hst must be taken Tor me lae''
Judge Brady suppose so.
Mr. Clinton after asking Miss Helen whether she
v,s en- the staud before the Coroner at the time she
was taken from his custody and receiving an ans ger
in the affirmative stated that such appeared 10 De the
fact
Judge Brady-The Coroner has Jurisdiction over her
while she IL witness. When she returns she can
immediately r, sumo and complete her testimony II
there is any other witness on the stsn', the s,ans
ton of ihst witness must be suspended and Miss IN
nipghams be resumed unless she prefers 70 postpone
il until another time. This is my rule.
Mr. Clinton-Suppoee that before abe returns the
Corcncrs Jsry shall have adjourned, and her tesa
A.t., bod aha hn ne
until Monday
Judge Brsdy-She cannot
Mr.. Cl nton-I make this explanation because the
Coroner has taken Il upon himself 10 impfi-on nearly
all the witnesses he has had upon the stand 10 TESTIFY
or wished to call there. He has imprisoned tnen N
| Station Houses, 10 the Tombs, and IN No 81 Bona
| street.
District Attorney-If your honor plesses, l would
like 10 call your attention 10 found in the SIX n
volume Of BMneyse & Cresswells Reports where u
is held by English lord, dstisg tor esai 10
lit Il argued on the part of the plaintiff that the
Court Of the Coroner is public Court that IL Is aud
ought TO be open 10 the entrance Of all his tesy
subjects az least Of 50 many az the place Will con
tain and II is averred and not denied the record
the occasion in question there was rcom oi tne
| presence Of the plaintiff. The Court was assembled
Tor an inquest or the view Of body then lying dead
Now il is obvious that such an inquiry ought Tor the
purpose of uitce in some cases TO be conducted in
| secrecy. Ii is a preliminary inquiry which may or
may not end in the accusation of pa ncular ndiyli
ual. AZ may De requisite INA n rusp'c'ou V''''"
should not early stage be informed OF the ss-
pcion that may b. entertained against him. and OF the
evidence on ~hch it ia founded, est he should eudc
Justice by fight tampenng with witnesses or other
wise. Even in where absolute privacy may not
be required the exclusion Of particular persous may be
necessary proper. The power OF exclusion Il neces
ssTy TO the due administration of Justice The Coroner
should decide whether privacy be- necessary or not
IsuppOse, therefore the Coroner has the right To
exclude Witnesses from the room Of the inqusition,
and from other witnesses but whether he has right
10 exclude counsel is another matter. merely can
your attention to this mstter Of law.
Mr. ClintOn-I have not denied bu, that the Coroner
has the power Of excluding me from bis court room,
but he has net 10 keep me from my client.
Tie following then Ibscribsd 10 by Judge Brady:
ORDER IN TIE CASE or AUGUSTA CESNIsGHAh.
The order the Court The u Mss Augusta Cunning
ham 10 that che be discharged
ORDER IN THE CASE % HELES cUSsIsGHAH.
Mss Helen Cunningham examination be resumed and
G that Purpose-'he to BE- treated Stns's only and not
subjected detention while In aeDdAnce b Inquest
u b. examined. JOHN BRADY Judge Common Pleas
NJ. Clinton-l think your Honor has disposed of
these ave pretty readily and now will you remand
Ms. Burdel 10 the same place No. 81 Bond strestl
Dhunt At'orney-Your Honor will perceive that
the qu, sOn Gomez up ITO whose custody shall Mr..
Cunning am be transferred
The Judge decided tina, she should be remaudei D.
No 81 Bond street and sill kept under the charge of
the Coroner but hat Der counsel should have free &C
10 her. The Court then adourned-the being
intensely cTOrded as well as ell the leading
from It and the City Hall; after which Mrs. Cunning
ham and her daughters were conveyed N carriage ~
No. 81 Bond street.
A HpaY The ~ he rofT