The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-02

AJbAAAt NA1A LLuuhLAV - ~
MRS. CUNNINGHAM I'm COURT.
or~o|NNooon~>~-o~.o1y.~o
Rstnr, 90 the Writ OF Habeas Corpus-Ar-
gumsnss OF sns Dast,iet Attorney ana Nor
new Counsel Dscisisn Postpoae<l
SUPREME ooyRr-sPEurAL TERM
Before Hon. Judge Peabody.
ERpr. mo writ Of habeas oorpus which WAS ,ssucd
yesterday BY Judge Peabody directing Warden Of tho
City Prison 70 produce The body or Emma A. BardeaI,
Otherwise called Emma A. Ounnir CHAM wAs resurnahle
a hs chambers This morning at 10 occck, but
quenoe Of IN Argument having been commonced before
him as that hour the proceedings this case were mot
commenced Till half past twelve The doors of the court
room were thrown open soon After eleven whom those
who were desirous OF seeing Mrs Cunningham inmed-
Aaey took seats and waited patiently her arrival The
representatives or he prsss made their appearance aad
Immediately commenced aovo preparations for discuarg
Ing their dsty but on IN intmacn that the legs, gentle
man down stairs had mapped out . Two hours
speech, they suddenly dropped their pencils and
passed away 1.-The time by discussing she sx
Aung topics Of NE das-suoh - the dsancial
bu,si up" The editorials in the morning Journals, 30
One Of these gentlemen--a "rhIosopher''-was entha
sas,cin praise Of the graphic descripOa Il NE rur
nera festival which appeared In The HnAip Of this
Ing While he was engaged 10 giving vent 10 hin feelings
turned that way, when Mrs. Cunnngham was seen %
enter In company with Ar. WhtDrc osk II the Tumbs
She the table inside the bar WIN
epidailon, and eiheY simulated or vas unable 70 walk
without otterng A. she took hcF seas she buried
her face in her bandkechef bot did MOI give vest % hsr
posi Il half past eleven. and afteS remaining
alone for few mcDens che was joined by her se
her last Friday The Court roso, presented noss cSss2
fu aspect than whom she was undergoing her M for the
murder Of Or, Bc,del, having been thoroughly reno
waited and furnshed in excellent styc The avenues 70
the lower court rooms were crowded during the morn
ss snd ascersaised that he proceedings
wnes. the soene y was % immense. % Al haH psss sssl,s
Judge Peabody took bis seat the benoh NE pro-
ceeoinss were commenced by
Of the people 10 attend upon habeas corpus ocassd
upon criminal complaint which pending IN hs Court
70 the writ, and also the commitment made BY Justice
Dawson, changing her with attempting 70 ps9 fraudu
lent heir to the Burdel estate, already pubahsd in The
S1sH s' e.
xusa..a sude Ss ss2 S si.;s - ea.osy %H
s,s = 1iss ss :s:sSy
~ p.S &c.
4: =: 's:ss :; -:
me Dsrios Attorney asked Nr. Smith whether he
would t1sverse or demur 70 tAe resurn3
Counsel moved thas ne prayer Of the pettonsr bs
Aace when called b KiAl.
Nr. Hall said the gentleman neither travcrsed or de-
NJ. smith sfnSmed that M. 0unniDgham was illegally
held, and that she sas entitled 70 bail
NJ Hall said that The PRACTICE was 70 Admit the retain
or asrur n n order MAJ some iasue might ps raised
The District Attorney took 70 be . general taverss
and ade preliminary motion before arxument On the
FL 4 m nd
,be prisoner rcmanded Ths Court OF General Besaons
had exclusive iursdicon Of the offence rssated In ths
original com mtment, and hls Honor sitting only .
supreme Court Commissioner He would remember thai
In The 1S4a statute passed, lad subsequently,
vhioh stated thl asr mssntraio hs: sdjudiossei On
the amcrus Of bk, court phouid entertain motion u
aSnnc :r s y s cm s. n.vx @
menv OF such cases - The ono befare them Mr.. Hall
read the statute referred To- and In speaking othe d.cro.
new OF departure from tho rule hc hsd o.ed
The motion that wa. made 70 aay precisely the
General Sesson ne oon,ended THAI he was entitled u
have The ~ris entirely d,acharsed
Mathew Sale smi q, counsel for Mrs. Cunrpghsm, 70
Piled BY ssyrg that respect 70 boh OF the grounds
which the DsS-i Attorney asked bis Honor 70 deny his
noon, and eismss hs prayer OF The pcsouer he (ooun
y hn1 ground 10 csim In the sound diaoreusn which
tho Ia placed in the Court 10 his client entitled 30
have bail, Tho s!a,uie which she District Attorney had
where bali nae been nIod but IN vas osse wnsre ne
Eariy Ea1 ready TO give bait where ball was present in
Onur and srere be believed tho party oor cd 10 pro
duce H. hut ~hcIe, for thai would appear the
coute Or the remarks which he would mako this mo
ton, hat not granted. Tho sta;uto quoted had
tting shscser TO 90 with tho discretion OF the OJurt
couLse th.re sskins thai ball. II had bccn granted
might be reduced 10 the posiuon ard ability his CLIENT
hsn he adrs.Sd that his Honor would be What
sfsIed, skhOuGh thai doubdul under such cir
Bat IN lnis two gttrscs he'd refu cd
70 receive ball, that ball Axed, aud heroo tho
clause OF tho ass ef the sae of New York, already
quoted da not refer 10 tho c,sa under bat
ef the matte viii Ia she sound discretion Of the Court 70
r the mssser referred 10 ,he Oour. of General Sessions,
ccsnse aTew from tho facts that Mrs applied
through counsel 10 be bailed and ha. The nagstrse 10
bis 6o elton, f moi 10 grant ball and urged his seoa
70 DO 20 (he being Judge Of iower oonrt) very
.irorg ny hts Honer should review the matter II
he understood anything about ths pos OF . writ Of
hsoeas eofpvs originated 10 prcc'ey the tame sAe ~
acs that were before his Honor In Tho papers Shich had
beon ,ubmkod 10 bm u vas crostel aud had been
glsyeed from the earlier times 10 The present he rea
The OPPRESSION Of power. II designed 10 ~ Into the
dur seon and ~ ls where a man ~on1sn Was laid
der Trocsss Of and Ike the wi Of God 10 the gar
den ak shere that and why no or she
hest oendsg' they ~oud Ind Ia LOCKING Al the bis
tory o this case that hcse proceedings sero orcumlocu
HOeaiy and Iar,issn srs An EFFORT bad been made TO
which red In the prcsens rlmstmen,-to punish
her 70 traify pubic naisoe and give me hs ucam
which hey snto rated vhen she on Vial before that
court rut thai victim mt f0und snd he WAS allowed
70 90 clear. ln LOOKING Al this mater, raid counsel
thai his nAy brought before the lower oouYt
ano tho ssptue oou iised her witnoui bail AT the sug
ssstion Unquestonsby under the direction OF the dis
tngui.hed shorney for The Rovennent
Tne District Attorney (lnierrupng) DOCS your Houor
allow such observaiious 10 be made, rejecting upon
nassrateY f,hsli have call the gentle " order
here reply any charges made against nysef bat
the sislraie sluooi 10 not csnrot allow the gen
usmeu wpersions The judiciary Of this city
Mr. smith (conunribg) tsd II wss In erdenoe that the
magistrate had refufed ball. and ~ coon notice had
gwen him that appeal would be tsken from his
sscson, pe we're got out aud pu. into the hands
n The D,rc Attorney who the Into the General
Session, 10 order that might be settled The las
Of this sise ard Of ibis oonntry w~, said Mr.. thNs
SONAR accused of any crime, shall be judged By
that pcffect from ths irhr mites Of human
possible 70 bc He undertook 70 say ths.