The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-11
THE BURDELL HEIR.
yussiee Dawson Decides to Commit mrs. Cum
ninEhaD to the Tenbs, and Refuses
to Receive Ball.
A WRIT OF CERrORARl EXPECTED.
49,, &C., 10.
SECOND DISTRICT POLICE COURT.
Before Justice Dawson

admit ho sccuscd 70 bail piece OF news entirely an
poked FOR TIE general cp,Ron that bail would be
taken, but that the unt required would be too high
Jos . OF Mrs. Cunn'ngr-n's influence 70 obtain
whea however, asoertAoed that 70 the combs she
AouId 70 e1cet released by the writ Of ceriora there
end 70 the crDors expressed in reference 70 tho
isssnty OF the decision The following 10 the decson:
ne defrpcent in this case 70 charged with violation OF
ths against sho fraunuent producing OF pretended
osir ia SELL $50 81 That the facts proven osfore
show probable cause Of fraudulent exhibition ard
puuaeson of child there no doubt. The accused puts
. The sppearanse Of CESSATION, herself with
child by Dr. Burdel, claims be his wife, soeass OF II
sspE born take his property, Stimulates pregnancy and
.bor provides all or bildoTh, and 10
upd In pneaession nf infant proved ooucnvey to be
eng another, which she exhibits he very ocer Of
A~ h. a. her lawful legitimate child and as the child of
In. Burden, her husband. do no; attach importance 70
he quertioD neither she was seuahy with coid or not, a.
being any injected with corpus detci
might .sctually he and be delivered ofs
su1 born ohi,d and simultaneously produce fictitious
DO AmeDable IT. punishment The sham pregnancy ssd
sham delivery only valuable strong evidences OF
sr,%s Do shs.e AI fact. come within the .ausP
I shnk they make out the crime Under the Re i.ed
Statutes coaa nded for by the 0rvct Attorney, and for
aheso reaacns. the orime CONSIST Of three paris
FrauGulently producing child
Falsely pretending Is 10 be ,rn OF parents whose
child vonld be entitled 70 any share Of persocs state
NJ rbe Dtsns Of thereby pteroepting he proper dis
button or descent Of such property
l. no ~ producer 10 defined bv Webster. "a "subdiv
sson No exhibit 70 the publc;' ana he quotes vim
Your parents did NOT produce ~ much INTO the void
exhibiting 70 the public of child.
FAhely rretendns Il DO born Of parents whose child
voulo be entitled to share In property Tue latter part OF
The sentence . mere puendo or explanation Of tho egd
Of The child about which the false pretence 10 made:
~ Of this part OF the crime falsely presend
1g" rhD may be by acts veil words, - il the 70
n.s do ,S 70 me s~ A.s tHa I'M 70 my
4 WIN intent to intercept the proper distribution or
hon ac and sninr may fairly b Inferred rom the facts
evidence In the Sass Of New York, ~ 70 the question
sAme oonsiderauons the officer before whom the pro.
seeding pendng-prooeedng on the Same legal grouads
p.s sscs FOR . !: .SscsS o. Inc nasurs Of he pun:p
nes and the probability Of gt and OF conviction OF the
crime. An appearan y for trAl made. In this ease tue
Rtme 10 infamous, and punishable the extsot Of
ysars imprisonment bard sbor 10 the STATE prison. and
md the probabilities Of guilt overwhelming from he tes
o~ad The offence prohibited BY the statute has been
oanmued can legal dosbt - 10 the guilt Of the
:. her Without, bail ID s0a pos. Of .Ss a..ermins.iou
rcsw N the reoest deson in the Of the People
Loe. Baisr and others o. motion % admit % ball
- no. fsio ~, where The pow'r and duty OF the Court
y adms 70 bail y ses forth = 70 o~ 'rs seems 70 DO
elsd BY authority thas The uouYt wi In ell cap
kal otherwise, exercise IL Discretionary powers and
admit bail when, from the tssmopy under which the
seoused u held IL u ind rerens WHISTLER he innocent
gsiky other words, when uoon exAmi atioo Of the
sssmoDy the wesumpton Of gun IL mot strong; and 10
ss.seI..iy called upon a Ssa a. al cA'ss, When
Ae innocence Of the accused" and again, In folio b7l,
Justice uosks ravs, p delivering the opinion Of the
soucde before iDdicsrneni and IN thai case, asr ap
sss. .Ss,s O cited \. cSeS Justice
T NE facs In the before the Court afford the
our, rom he deposi.ns. ihs. Il Is quite Indifferent,
WHISTLER be guilt then, In my opinion he ought 70 be
ssiSd Otherwise nos II have erred 10 my coosrrcuoo
The gull, and conviction Of the defendant speedy
remedy By review on . writ Of ocraorri may be had
Tue magistrate then made out Q full oomml,mcn, for
Hrs Cur nipsham, OF which he following Is copy
one Of he Phi J"st.cs for he oily OF Nes YORK 70 he %
Z S . 81 Of ss sS o ..d az. s Of
.s nsas The res 50 Of state o. Yori Q
70 Ne aid pT.s, BOD; :, n. sar
Ssr.of ana you the sd sser-r ar ssrvsy q
receive your su.,Scy 70 The said pr.o. The C.sy o. 2.
ss,Ee me Of - oath q sssa, s . s m, ,sS
ss- York n The sounS New Sors isionca.y and sS
q Ssss ss.s s
Of ucs . he S
.sy s.. D. he . RI. ?. sds e
GU Dnsh 10 your srsoday N ,ss ssa eo,rp without
Given Srd-g my hand and SEAL 4 he d D.irci Police
Court " The ''d CITY, IL ia s,S - SsSs ~ FSoe justice.
Mr. Stafford counsel fov the accused, prescn, aud
asked for q copy OF the warrant and commit
n<ct 10 he desired 10 attach them 70 MS pei ion
paying for VII, Of cc-uorsri In the The writ will
Be applied for this morning
Meanwhile Mrs. Cunningham remains n No 81 Fond
6recs Ia the -minston Of Justice Dawson no; 10
III turb her until The supreme Cour has decided the cues
doe Of ball y hich viii be uought on the wrh OF Ger
povari 70 day The decision or tie Police Court n con.
armed the occupant would be mistress OF No 81
9d street viii hsv W tAke her qos,ters In the Tombs
- she shall have recovered from the serious maa
dy With which abe IL afflicted.
THE LEGAL. VIEW OF The CUNNINGHAM