Arkansas true Democrat., 1857-08-25

general bearing, DE u hl again recoon;,I alQ a to be none other than Mrs. Cunningham Lo- aef Dr. Uhl asked her if she had come C.. o'Sei child. She made no reply, but follo,vnI' J' tae up stairs, where, in the room appronr;a. mn her reception, lay snugly ensconced in baS 'Gu lo night-cap and other feminine apparel m ' "ta tain well-known doctor or druggist of ,L cer' impersonating the dear sick lady-tba Co,,, c.'y mia widow-who had just got througb ,5a J5a',lo'' and suffering consequent upon such an p@Q sion. Mrs. c. got the basket conta;nir Occa "lttle stranger and hurriedy lefttbe hr57 'le Dr. Uhl then started for home eavino Ib,'dns ,b ties to attend to Mrs. C's. movements m. ia' which plan of operation was most afa.' 'lei carried out. a'y
 Dr. Uhl had been at home but brief when he received summons througb p0Hoo, tleman Ca stranger) to repair immed,,a, gen. No. 31 Bond street, as Mrs. "BurdsS,y to then suffering with labor pains He proo..S was instantly to the house, on the outside of fO"vaea as were waiting Capts. Speight, Hopkins Tulca nm district attorney Hall, and others WboD 'SA A doctor arrived he was ushered into dark .. 'u7 where Mrs. c. was in bed. '4
 She feigned to be very sick, and groarol apparent agony. He found a nurse tb,. V named Jane Bell, washing the child
 While he was there Dr. Catln brouoh,;. pail of blood and Smeared the sheets. and on erwise made it appear that birth hand ac,- c,-' ally taken place.
 Mrs. Cunningham exclaimed soon afa, ., have put my trust in God, and he has favo,. me; shall now be revenged upon my na, Utors."
 Soon after this, as Dr. Catlin was leayDg, house, he was arrested.
 The officers then entered the house aco.. panied by DiStrictAttorney Hal and Sr-i the room in which Mrs. Cunningham Was In ing, while two nurses were preparing some w,,, drink for the pretended patient The ba5- was taken from the wOuld-be mother notv,,I standing her pIotestations, and was returnaI 4 its rightiul mother at the hospital. Govar,,. Daly declares that in view of the imnor,,'. part the child has played in carrying opt t5, ends of justice, its name shall be Justitia M, Cunningham and one of the nurses Were Iss in the house as they were, while the other wo' man was conveyed to the Tombs where ,b. still remains in custody. The formal examiDs. | ton of witnesses commenced on Tuesday an Is still in progress.
 A large assemblage was gathered at the Jl | ferson Market Police Court on Wedne,5, morning, to witness the continuation of the +r. animation. It was announced to cOmmeucsr r | 10 A. M Before that hour, DiStrict-Attor.r | Hall entered the courtroom, and in the cop,a l of conversation, in reference to an opinion t.4 Mrs. Cunningham had not been allowed to r far enough to bring her within the statute, sl th,f nt Lsl.a 1h Il h., h the following provision of the Revised Statute.
 "Every person who shall attempt to comm an otfense prohibited by law, and in such a. tempt shall do any act toward the commissD, of such Olfense, but shall fail in the perpetr, ton thereof, or shall be prevented or interceD. ed in executing the same, upon conviction then. of, shall, in cases where no provision is mad by law for the punishment of such attempt, b punished as follows:
 
 "2. If the offense so attem pted be punishs ble by imprisonment in a State prison for fo- years or more, or by Imprisonment in the cou- ty jail. the person convicted of such attemr shall be punished by imprisonment in SA. prison or county jail, as the case may be, for term not exceeding one-ualf the longes. ter of Imprisonment prescribed upon a convctio for the ottense SD attempted. ."-ReU. Stat, p u, 382-2.
 Subpenas were issued for the daughters Au gusta and Helen and Drs~ Baker and De Wee Alter delay of half an hour, Helen arrive unattended except Do the officers who serve the subpoena. Messrs. TiIden and Stafford We. present.
 She was asked to remove her vail, but ps ferred not to, and the clerk, MT. McMuray administered the oath to her.
 Her examination proceeded without elcitil any fact calculated to throw additional ig- upon the dark subject.
 James Carroll, conductor on the Four. avenue railroad, testified to the fact of M- Cunningham having entered one of the cars that line at the corner of Bowery and Bol street, about 9 o'clock on Monday evening las muff1ed up and disguised, and that she aghtl at the corner of Broome and Centre streets a- proceeded in the direction of Elm street.
 The next witness examined was Mss Ma garet Augusta Cunningham, daughter of tt prisoner, who appeared much affected by mel tai and physical suffering. Her testimony w. not important.
 Dr. Catlin, who was arrested with Mrs. Cur mngham on Monday night, turned states ey dence and made the following affidavit:
 Samuel Il. Catlin, being first duly afirme by Justice DaviSon, deposes and says in the in person. am B years olG, and resident Brooklyn, in Court street, No. 223; I am phi sician by profession; am acquainted with u accused, Mrs. Emma Augusta Cunningham calling herself Burdell, ard have been so f about six years; have for the years 1S5 1852 and 1853 been very intimate with u family of Mrs. Cunningham, and was its III dlcal attendant during that time; Mir. CuuuiH ham dled about June 1854 as hear as I no can recollect without referring to memorand the family soon after moved to New York an l ceased to attend it; thereafter saw Mrs. Cul nlngham but three times before she was arres ed for the murder, or about that number times; after Mrs. Cunningham was arrested saw her in the Tombs prison; saw her the about dozen times, on different occasion while Tn the prison she told me she was wit child; have no recollection of any positi, statement from her that she was with child the late Harvey Burdell, but that was my iufe ence from her conversations; then firmly lleved the fact was as she stated it; soon al. her acquittal I noticed that her appearance co responded to the fact of her statement, al thereafter l noticed she increased in size brett regularly; sometime in the month of June was formally requested to become her medic dccoHcheow by herself, and consented; abol thls tune, speaking of the child with which st was pregnant, she said that Judge Dean ha told her that if she had child it would her to the property, and she hoped it wouI hve; cannot say that have any remembrant of her saying 1t was the child of Dr. Haryt Burdell ln words to such an effect: as to h. date of pregnancy she stated to me that st supposed herself to be so soon after she wei up stairs to sleep in No E Bond street; sh was Lot more explicit as to this, but as kna the locality of the rooms in the house, sa needed not to be more particular; on Mouda August 5, Mrs. Wilt called at mv office, betw9e and o'clock in the evening, and sal the were sick at No. 31 Bond street, and wante me to come over; made the acouaintance ( Mrs. Wilt a No. 3l Bond street; I went ove alone shortly afterward to New York City, an arrived at No. 3l Bond street at 9l5 o'clock Georgiana Cunningham let me in; then wel up stars into the front second story bedroom over the parlor; entered the room; saw ne sister, Mrs, Barnes and Mrs. Cunningham; Mr Cunningham was in bed; Mrs. Barnes was nov Ing around; Mrs. Cunningham was undresss and in bed; she said she was sick and sufferIn.