The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-12
THE CHAN FARCE.

1he Csse Of the Mock Heir to the Burdsll
Estats-A CestSorsri for Mrs. Cunning
ham--So Rstarn--A Second Writ Obtained.
COURT OF CvMnoN PLsAH.
Before Eon. Judge Daily.
Auern LIN A mater Of EH,HIa A. Burdel o1teY-
,s. Cnnin 1nauMr Stafford appeared before the Cour.
and presfn,od petition for certorar 10 to this
Court the proceedings In tho matter arsng out Of the
cent charge asanst the petitioner on her alleged sham
oouchement
Tho petition Of Emma Augusta Burden shows that she
now prisoner, confined In the custody OF Geo. W Nks,
Police Inspector and SCENT for tina: purpose Of John Gray
Do, Warden Of the CITY Prison Of the city Of New York,
al No 81 Bond street, in sad city and hsssho NOT CON-
med detained by virtue Of any process issued BY any
court Of The Unied sa,es Judge thereof she
commit ed detained BY virtue Of the nnal gpent
decree Of any competent bunal OF civil criminal uris
dicin, or by v'tue Of any executoo issued upon such
imprisonment according 70 the beat knowledge and belief
u your pen,ioper, 10 some supposed criminal odenoe
imp isooment y By virtue Of . Warrant. copy q which
d heyenp'o annexed. tnis warrant has been pubshcd
Your petitioner further shows that abe advised By her
counsel and verify believes hat her imprisonment IL lie
gal In th 70 Wit Thai the proccediny be- fore the commit
as Of he land sa,horino any such Oo%mimen. Or i'm
pr1onment Of your petitioner Therefore your petitioner
VIM DAWSON E.q one q Tho poaos Justice. sSs city
Of Now York, commanding him 70 certify and return 70
your honor the proceedings bad By bcfare him
SAID charge :, .ns your petitioner s1d b. 'eon therein
WV. sraIfoSp, Attorne, fos petitioner
Guy and County Of Nco Fork Emma A. Bardeu tesps
duly sworn doth depose and saT thai The scs sol forth In
Tho above petition SUBSCRIBED by Der s.e true
Sworn before mo this 10Th day Of August, AsA BurxAs,
Commissioner OF Deeds.
On the above pcsoe the Court granted the VII, OF
uorsr, reurnsb bio Wednesday morning at 10 O'Clock
Nr Stafford then proceeded 10 serve tho ovsoTayi on
Mr. Justice Dawson, but Informed by that Official thai
10 had already delivered up MI the papers In tho 10
vr A Oakley Hs the District Attorney aud they
no, In his possession be cord not comply With toe man
date OF toe Common Pleas.
M Stafford lu meolacly waited on the Dsr Attorney
ard that gentlen referred him Nands
Cclk Of the Court OF &noIs, as tho custodian of tho
documents
u var generally runorcd By this line that W. Hall had
rent The before the Grand Jury. Mr. Stafford again
vent teicte the Common its aud On another petition,
seug forth ihe above facts, detained the following or
TAe Poys ofns vpa NJ Nelo Fork b H-,ry ranicrpor,
Ccrk n ne COtrt Of Sessions and T nc Ciy and Cby
n Ne1 iayh.-ws command yoc ,hN you ecru's fn1y
70 the iou Cha los r. Daily, Of the lodges
of the Court Of Common Pleas for Tie city and county OF
New To,k ~ tho nbaybers OF said Court, IN the City
Hall OF tho CITY ~ New foik, on Wednesday,, the l2h
day Of Anxust n ten O'Clock In tho forenoon tho day and
Of lie imprisonment sf Emma A. BuFde1, by you
detained, r. alleged. by whatever tho ssid Em
4. Burntt shell DO called or charged and the preliminary
sitavs, pfcrsedinss ans Judgment ~ VIM ! Dawson,
Nov Yors, now cd With yor, upon any and AL charges
ssains' SAID Emma
Ard bsvo you thon thero this viii
wuntsf coos A. Peabody, Bsq ore OF tho justices of
rie Supreme Court n tho STATE o New YORK city
d hsv York, the 1iih cay n Angus 1851 g the Couri
kCHD n CONNOLLY, Clerk.
VIZ. srtrrUrn, Attorney.
allow the ~llhln writ CHAS u. DAY,
Judso Of ne OonIi Of Common p1eas.