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

Contemplated By he statute here made q the time
sbe - aresed In her and without dwelling 10
hsp .n susss,d sSSvs M, uaSeasou i Sss
here "a leaaC great doun, assuming the facI
DO enscly - claimed by the prssocsson and snscepose
Of no contradiction modification, -hrther Fraudulent
production such the statute ooncpians and such -
declared to DO felony and punishable BY imprisonment
q hard labor for tan years, ~as there made ana oom
Second Did she fssscly pretend hss was born Of Oer
ean raren,sbsrseir end Dr. Savdehf She certainly 0d
H underT land the meaning Of her language
Third. would c,ld OF tho parents Of wnom sne pro
tended vas born-tba u Of herself and Or. BardeHE
would on The ooplrr the claim prosoLoe Of the
In that respeos Il substituted ana relied on oy me
prosecution for he LEGAL f.c she mad C,smea
been So child .oud have been entitled N Inherit Her
previous claim In thss respecs the only evidence Of the
iaot This claim Of hers, 70 be evidence o. ALL must SUP
pose como under bead Of confession, an would be
very slight evidence Of such fact 6oe probably
Trough. ihaa child of h.reK and Dr.. BardeA would be
allowed 70 ipberil There 10 evidence that II would
ever and Aink HE case MOI whocs difficulty Al hi
point
the nh- Ysanco The fraudulent productou-he false pre-
that 70 born Of parcEH whose cnild would DO on
must unite 10 osnssitue the crime We vlii assume has
the raue uens production and the false presnoe
as in orsA What inssrs wss there Ds ah,. prodac.oa
tercept the irheritaDce Was there the ntcn BY the
then present aos acco npanying = which y Iequisse
% constitute cTmcf Was Ill this In consen
pon Of Apd preraratoTy " acts intended to be perform
ed future time which acts thus contem plated would
probably dad they bsep resscd) consssusd the
offence which the statute dengned punishY rhis atuse
has receive jndinia construction thai am aware
Of and auaoFes for s construction have suggest
cd " course am lon without tbose aids In my endea
nnd proper construction for H. and in the brief
and summary manner In which hts meter must be
1.uy m Se BE- Which, T nv %ud
there great dcuy In applying this statute 70 The facts
presented In this care, and como readily therefore, TO
The con 'luson that there 10 very serious doubt about
conviction under Il being practicable. Other nrcum
stsnces Of this ao worthy Of confederation Hsr
post ion IN Mcher social and family reasonsthe nuu
erabe ties which have more or lcss restraint every
and her pecuriAyy meASs, may AL be oonsid cred;
but above all circumstances n be considered In s con-
peciou 10 her SEE, which ditiihes immeasurAby, In
my Judgment, tho power ADD p ooaSihsy or escape,
THIS, in CONNIE scsion with her children, numerous,
she will remain where subjected the opera
tion Of aw TO be almost adequate rsoogDzAuco for
,ss,opssis .moup, nav hSs BE- relied on under :,
the with entire safety Perhapa no occnr
itbD time has 80 elecyined society, through
out all rsDls and ciaes his and shsry preceding
H. th biah In the public mind this unfortunate accused
Afro associated and certainly person undor suspi
ana Is no. remarkabIo ,hai under tne nuenoe Of sns
prevailing sentiment BY ~hich every must be Affect
ed In g,eR lcss deg go, should hA 70 oeen DIFF
noult convince conscientious and enlightened Judge
thai SAFE and proper To admit her 10 BALL but
thai The lapse OF mc has allowed tho teupest o pubic
magistrate shoua be fonnd to adnc &C. upou al ihs or
cGmstanoes Of this cAse thst smoaut OF bail would
der her production for trial reasonably secure me value
Of hie right 10 her and Der family n shis most critical
jpnctuse whep In addition 70 ali ordinary roasons is I'm
peri imms AauYaby enhanced by her necessities for
10 enable hor to prepare for the ordeal h ough whch
she about to pass, u too apparent 70 call for remark
But the importance 70 society that the law, which depends
Tor IL support and enforoemsns on The respeos shoad
maintain In "a. hearts OF he pie, should not be allowed
N shrk Injustice &pd oprressirn, ID less monentous
for win hcthhx can be fAh than distrust Of
public silica he OF violence and outrage occur
ring from time 10 Tune In regions which soousom
nd regard ess favored tnan osD not TO
be Deprecated because they done In defiance or
law On the contrary, the amount OF injustice
petrsed In the aud the forms or legal justice
woud 20 further ~ unoerminug ana tesrsy sJoie be-
should aasumo the livery and esGn tho sancty
or pdicia nent Ny cuson thst ths end Of
puelc justice viii be ansv cred by admitting the prisoner
V bail IN the NJ ave thousand dollars
The adj .urned 1pu wednesda. morning,
when the Oatrct Attorney s 70 DO nos1ed or the
Of The parties whem The defendant proposes aureeca