The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-05


The tragedy that was enacted In the house
81 Bond street on the 30th of January last IL
certainly, on account of the mystery still at
tached 10 it, Of the remarkatl features Of the
inquest and the trial, of the proceedings in refe-
renee to the estate Of the murdered mac, and
now of the latest supplement to toe affair, des-
tined to rank ia one OF the most celebrated of
annals of this OF any other country. Most OF
our city readers are ware, from the issue Of the
evening editions of yesterday, that Mrs. Cunning
BAN is once more in the hands of justice, charged
On the clea, ett and most indubtable series Of
facts with getting up and concentrating bare
fpced sche me to produce an heir to the Bur1ell
estate. The statute under which her arrest was
made declares the offence to be felony, punish
able with imprisonment in State prison for ten
years
The circumstances attending the development
of this supplement to the Bond street tragedy
are as peculia- and remarkable, though lacking
the tragic element, as those which attended toe
murder of DR.. Bmdell In brief they are these:
MIS- Cunningham, determined to have not one
third portion but the whole Of the estate left By
the murdered man of whom she claims to be the
widow, conceived the project of going through
the tedious operation of Stimulating pregnancy,
labor and childbirth, and procuring new born
infant 10 peIsOnate toe Burdel heir. The pbysi-
can to wncm she conceded hec plans communal
Gated them to the District Attorney, and steps
we're taken TO facilitate her in consummating her
project4 CT me- and the authorities in detecting
ana exposing II at the citicsl moment. The full
report which We give 10 our columns of this re-
matkable plot aud counterpart and of the attend
ant circumstances will acqusint our readers with
the mode in which the drama was acted out
Suffice it to say here, that Mrs. Cunningham is
once more prisoner, and that certain doctor
aud others who co-operated with her are in like
position.
We Will OF st'p now to investigate tbe morale
of the counterpart. Opinions will differ us to
WHITTIER high functionary of justice can add to
the honor of his office or to his professional repu
ta'ion 10 aiding a would-be criminal in consuu-
mating her crime. M. Hall has supplied an Off
cial report of his course in the matter which we
embody in our report and peru:al of that will
aid our readers in making up their minds as to
the propriety of that course.
There is one point however, on which Mr..
Halls legal acumen, If not his sense of profess
sional honor or official dignity, may be question
ed. The section of the statute under which the
arrest was effected is as follows
Every peon who shan fraud aenuy produce an infapt
fsey pretending 70 have been born Of parents whose
child would be entitled share OF any personal estate
70 inherit any real estate with the intent Of intercept
ing he Inheritance OF any such real The dis
touon Of Any such personal property from any pc
10 sfuy entitled III ereto, shall upon convon, pun
ished by In State kou mot exceeding
years
A serious question arises whether the offence
was actually contaminated. The solution of that
question depends upon the legal technical mean.
ing of the word produce" Its literal meaning
of bringing forth-bringing into being not
apply in this case, Of course for the allegation
and the fact is that che did not bring the child
into being Its legal definition evidently has refe-
renee to the technical production in court of
such child, and to the formulated claim on its
behalf. II it should be 80 ruled IL will appear
that Mr. Hall bas-to use common expression
"put his foot" in this matter as he did in the
murder trial.