New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-02
LAH INI,ELLIGENCE
MRS. CUNNINGHAM AGAIN IN COURT.

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CORPUS.
Tie wit Of habess corpus issued by Judge Peabody
on MONDAY last On the petition Of Mrs. Cunningham
asking that she be brought before the Court for the
purpose Of being admitted to bail, was made return
able ct eleven o'clock yesterday. At that hour Judge
Peabody was engaged in hearing an argument on q
n otion for arrest In the case OF Charles IL. HoIasnip
against John Thompson in the special term room OF
tie Supreme Court. A large coneourse OF people,
however, had Assem- bed to crafty their curiosity by
seeing Mrs Cunning ham-which fact, for cousidera-
tons OF cofo,,, a,,o.ai~.s Judge Peabody to have
the Tearing on the motion and writ IN the Circuit Court
The srftlment in the case OF Hodship agt. Thomp-
con was continued in Special Term until l2i o'clock,
when there was general rush foa the Circuit Court
where Mrs. Cunningham had arrived nearly an hour
previous in the custody OF Mr. NhiNore, the CIerk
Of the City Prison. she being conveyed In carriage
fem the Tombs TO the Courthouse But lew specta'
tors were in Court when che entered. She took her
seat beside the table used by oouusel in trial. and re
clired her head upon her hand. She was dressed in
yerv dark and plain garments and covering her face
wa. heavy black vail.
Soon SITTER her entrance Mathew Hale Smith, esq,
forr ery Of Boston, but of this city and who was
last wee retained Mrs. Cunnineh counsel in the
pending litigation entered the room snd took seat
resr his Client Mr. Smith, it is stated, was originally
a Vuive1saist clercym but subsequently adopted
the profession Of the law His IDEAS Is very precise
ard nest in its style ard gives him. with the other Pc
culia,i,ies OF his personnel. decided clerical appear
snoe His style of delivery is free aud earnest and his
IDEAS ale clearly and coDpscty expressed.
Immediately after the conclusion of the proceedings
in Special Term. Judge Peabody proceeded to the
Crcui, Count Room ard took his seat on the bench.
The Dstrict-Attorney, A. Oakley Hall, arose and
stated that lie had beer notified iu behalf OF the
people to attend upon writ Of habeas corpus, pred
Gated upon criminal complaint which was now pend
ing in the Court of Genera Sessions of the Peace 10
the habeas corpus be found annexed this return,
signed BY the Warden of the City Prison, to whom the
writ was directed. Mr.. Hall proceeded to read the
writ as follows
John Gray Warden ofth- City Prison of tho City Of New.
sid Erms Augusta Cunnib CHAM otherwise called Emma
be oceVed into my custody 18th day of August
1857 ard that SO hold aud dean her IN my co,ody Scb 10
hsrute snnexed the original whereof uow produce 70
se OF e che Clerk If the City ra BY the
.esrg TO the custody OF The SAID Emma Augusta 'ue'
S.abar l9s7 JOHN GRAY, Warden.
Mr. Hall then read the commitment, the papers In
The proceedings before Judge Daiy oil the Common s,S
Pleas the cer,i0rdr and those growing OUT otthe
fabrication to admit t. bal before Recorder ontn
after which he inquired Of Mr. Smith wnat ne qua WIN
tie retu-whether he traveTsed II OF cemurred 10 IL
Mr. Smith laid that lie moved the prayer OK tue Pc
f,oner be grautec-hat she be admitted TO bail III
whatever amount his Honor might III II IN dis aiscie
ton The petitioner was IN court, snd II IL were uie
proper place. lie cesued to speak ia reference ~ e
tc,itiot ard the grounds which she vas entitled 10
Mr. HALL understand the learned gentleman ad-
ulits the truth OF the retun
nv Smith-No Sir, &c NOT.
III ia either 20 admit the return
or nake specific or general denial Of it ara to take
Mr.. Smi,L-We traverse the return and take s'ue
Mr. Hall-Then | understand that Is general
,,syor.e The preljmirary motion which now make
before proceeding with tie argument on inc WIZ u
haJras c0rzus il that tine writ the face OF that re-
turn must be dismissed, and the prisoner Ieahdse'
Your Honor will perceive annexed to TIE return 'he
acts and tones OF the Count Of General Sessions oI
the Peace which by statute he's Jurisdicton oil tne
Cfense, aud it there appears that that Cours na.s
jurisdiction Of the Cense by statute passed upon ne
yer, question which the gentleman desires ~ iase
upo1 the motion and traverse. Your Honor IS NO"
tt!rg not az Supreme Court Jucge, after Ills case
las BE- en- removed Ito the Circuit Court L0r 10 your
Honor sitting Is Jucge Oh me v: snnr.ms Court
but your Honor s here as a ouPrenie ov ,Sa.
Cfujtiissiorer. Your Honor VIII remember 'hat
by the act If 1914, eighty amended 10
1886 after magistrate lad fixed The amount o! pa.,'
Ina, 90 Cont should hold or entertain motion 10 90.
nit 10 bail except the Court which has JURISDICTION u
the c.nse the object of the statute beng 70 prevent
exactly such case a. this, which we're extremely
torrm.n in large cities. A party would be com!iIusu
hx Usoi.tra;e and a motion would BE- made after no
had 6yed the amount Of bal or deEed bsil' pei0'e
some Judge of the Common Fless, suPetSl =. %
IRENE Court 10 adni. TO bail on The naked Scuuis
ue1. which C course, was net AWAY ven, ,oILA,,
ard indeed reed no: entirely recin the wa"le bWuSu
9. the offense and therefore the Jacge was oileU
called upon fc- writ Of haeeas corpus - L
uIou the amour. cf bail without haVns oeiOlo utA
,fst liz N hch the Court having JURISDICTION II IN
hAs he records Detrc II ii1Ai 'NAe
70 nd the statute referring q til nsNei et1 II s]pP''
of biz view Nov Il that statute were no' VI exit
euce the question cJ-nes W a. msue' 0.
dl,cIeor Bat il sppesr ttat tnis very qrerNeH mas
b.e1 roirdica.ed upon By the Cou,t having lurisuc-
ton of the cGense and wren that has been Cone
Lave teyer known II az instance IN ny seven yeafs
c~,r, ction with the office Ct Disti.ctA,crne. where
aLctber Court has entertained the question sn9 u
-rue:cece the action 81 the COgr, hA'lts ESdcH'u'
Nov upoD the very cams conmlirieut 1s pe-s!
be u.ht te.o:e you: Houor orc upoL "hicE q t!oG
10 hcuit t. hail was mace on tte 1871 OF Angus! Oe
fore the Couit Of Gecersl Seso.oe. Il ne Peaee' l
c,sin therefore let pat mater OF rget ts'ed
upon To s.ric. e.e. ot he lav arc he9c ~ mater
81 discretion Ills wi: LIQUID be discharged
MI Su.ith-If ytu: Hcrcr please II re-Peet o bcta
III p-o-rcs .pou With TIE Dlrct Attcrne! Gsks
sC1r Honor ~ deny tri= motict enc - S,'ti-ss we
-rs; err Of the pctlocer We .h.uk re nave Sccd
prounn % clsic tat - .ha. sOE1c oscre,ct Whc-
lie law places il yo1- Horcr's kOLds lis Pariy z
.u,.i.e1 70 csTs Tail. II !CG- Honor p@aso! ;ae
.ut1fe has reference 20 ceses were Dau nai
bse- fxsi Tbs Is g case Where tee psrIl "a'
reacy % Civ bal ard has her Del IL Court
sL1 al.3e TIE r-quvs. 20 be ecmii'eo 70 bhI wa 81
| Lied Ice statute does not b.c pour Honor ara
Gee affect 70. HoLor- c-scre lot ~ taArg 0ais
thug it might be aie,eu; If baii u bee hke. =
se cine TO AK T. 3: tue bail night be oTetea % "a
.sty t1e admit that !cur lieror ngt, DC o., n
| though even that ques.;c- ADMITS q: oou.- %? -
| Tbs cas- call bas LOT been take en2 .IA' - ard
Il lars c. NeSlork does ret rec. y u vnrr
lqaY T. therefore, il TIE eOes4 csefs1oeU ,1s Pr
HoDO. /. tee -s1t place, e. ley e 'iv f,1r to.t
| a. The Com, ~ Cereal Sessions, o1sn 80 "