The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-26
MRS. CubnipRhsm's Case Again on the Move
brPRKMB corRT-sPacIAL TENN.
Before Hon. Judge Peabody.

EFT. s6-In the Mater Of Ne Psaaon Of Eansa 4
Cunningham, Otherwise Blydeu -rhs . motion
the ipscmen found against hrs Cunningham from
The Oyer and Termner 70 the civil side OF the sapreme
Couri by certisr. The object OF the present motion
that the peraooer may Then be able 70 c,Ange
the Du,chess county, which motion cannot be
made In The Oyer and Termner, bui be allowed BY
Justice OF the sopreme Court under I'd Rev. STAT, 737
sec S.
The following !. Nh. Curnngh.ms petition, which sets
forth tina, he ION Sept 1857, she indicted In the
General Session FOR the alleged fraudulent productions OF
child; that the I'm Of sept, by consent OF A. Oakley
Hal. JUG re Peabody made order removing the In ic
mens 10 The Court Of Oyer and Termner thai on the Ian
Of aeember 1887 she appeared the said Oourt aud was
pragped upon The Indictment 10 which sae pleaded
guilty and dem anded trial thereon, which granted
and tue trial set down for the 2sh September that tbs
charge contained In said indictment has araeed great
public attention and discus non thai the prose
cuied BY the ID nrct Attorney his personal compaln
people o-her than the public prosecuting ocer 10
sequence Of Mr.. Halle personal relations 10 the
that the said charge vas made asans her 10 August, and
the loh Of september she close custody 10 the
city prison Mai upon the preliminary afiavis the
part Of The prosecution appeared In the -spapers
aed 70 projuc ice her IN The public mind and deprive her
Of far trial; thai greater publicity and attention
70 this case have been had froo the fact has
sho iousy charged with the murder OF Harvey
Burde and which caused great exctemeni in the public
mind, and deep feeling and prejudice the part Of
nst her thai the vspapers having the largest orcu
LAT on constantly published articles unfavorabe 70 her.
thai she vss Innocent OF such murder, and was tired
such charge and scqu sd thai II such trial difficulty
had In selecting jury large numbers OF those sum
Cd being rejeced having formed opinion and that said
trial e1ced great discussion 70 the manner In which
oopducted the evidence aad liz iermlnAon thai n the
time and aneywards she also engaged In the
secuton before the Surrogate o. her oa The widow Of
said Burde for heers Of Administration upon his effects
hsi over one hundred Witnesses examined that the
calm WAS contested NE ground that nc tae
WIDOW OF Or. Burdell, and tha The issue thereon
vas the subsci Of public discussion thai from these
custancss her upon the present charge 81
produced ereai In The pubic mind, and revived
sno greatly increased The nsng and preadoe against her
and In consequence thereof sne denied the right OF
bs charge when preferred against her: tina. abe
IL innoc emit o. the charge and desires ga hereon-bal
she thai she cannot obtain fair and impartial
trial IN this city, and hal her neres require the Jrose
cuion Of the iaoictmsnt shsad be removed from the
Court Oy or asd rermin the Supreme OourL Where
fore she prsys hai oerorsr Issue 70 90 remove The In
dictnent. EnnA A. BURDELL
The sse was get down for Sat udsy morning, ~ Mr.
whvnt for the prosecution, had ncs had sucens notice
OF the M ion
We understand that Mr. X Burseed Cooperation Cous
SCI, viii be ssocased With Attorney General Chstnsd
sno ~ ssnord 70, the defence Of Mrs Cunningham In
ms bogus baby charge, and NJ. Whiting 10 engaged
for me prosecution exciting may be expect
ca between nese tvo warm sdvo~ies-Whiins and