New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-11
LAW INTELLIGENCE
MRS. CUNNINGHAM.
BILL OF INDICTMENT FouNn
SHE Is ADMITTED TO BAIL.
ASH 10 BE TRIED IN THE OYER AND TgRyIsya

no, released on bail in accordance with the a,c,.nr
Of the Court on the writ of h"beas corpus.
The sureties appeared at II O'Clock yesterday ard
qualified before Mr.. Sparks, the Deputy Clerk Of IN,
Cour, Of Sessions They are George A. Wits, hs
butcher No. 10 Second avenue, joseph +. PERI, ya
Il Ann street, and Henry +. Potter, No 81 Srh
ayerue.
NJ. Wits stated tina. he owned two houses rahb
in Second avenue, and one in Forty-sixth street.
Mr.. Perry stated that he was engaged IN he srs
duce ard al estate basness and that he owned sr,
teen lots of ground at Albany, and forty in Nsura,
Nj.
Ar Potter stated that he en- upholsterer, shs
corner of Broadway and Thrty.fr street. He ssi
be owned 500 acres of land in Lumberport, schysa
Comfy. and his stock of upholstery goods.
Each Of the sureties justified in an amount gresAs
than the amount of bail reqoired-s5,VOo.
Mr.. Hall made preliminary objection to ths sess.
rites offered on the ground that Mr. Wits was w
ress in the case ard might have greater Interest u
the escape of the prisoner than the prisoner herse
To the Others he objected becsuse their property W
not situated in this city, and because some was outd
the jurisdiction Of the state
Subsequently, the sureties appeared before judge
Peabody, signed the bail bond aud took the ordinary
oath. The matter. however, kept open 20 erahs
the District. Attorney 10 make further inquiries Mo
the sufficiercy of the sureties. Mr.. Hall afers9d
came in and stated that he rad another objection urge
He had ascertaned that in May, 1916, Mr.. Perry one
of the persons offered surety becomsthe bonds.
nan in the sum of $500 for one Samuel Hoffman. Hof.
man had subsequently, forfeited bis bail and xr.
Perry had been sued upon the recosnilance, and
judgment had been obtained against him. Thnby
law disqualified Mr.. Perry from being surety, wAiea
would leave only Mr. Wilt and Mr. Potter, Who b
submitted to the discretion of the Court were not su
icien, TO guarantee the appearance OF the prsoner1
trial. and as an indictment had been now found Against
Mrs. Cunning ham, he thought it was incumbent upon
the Cont to look with greater care into the character
OF the sureties He thought there were circumstances
connected with the matter of bail which rendered the
whole transaction suspicious. Mr. VIM. Cushing d
Rome. Oneida County one Of the sureties who
had been offered and withdrawn, ald Mr. CushiogM
no time appeared He thought it was just inference
to saytbat MrCushpg had ascertaned that to become
surety was matter of much risk, and that be there
fore declined.
Mr.. Stafford desired to correct any false impression
with reference TO Mr.. Gushing. He had seen
that gentleman in his life and not aware that be
had been here.
Taking some time to consider the question Of the
suficiency of the bail, Judge Peabody decided ths
he had fixed the amount himself, and had Therefore
put il at the outside limit il must therefore be deemed
adequate He must conclude that, with the justi6ea'
ton of the sureties, Mr.. Wilt and Mr.. Potter, then
was sufficient responsibility; and he did not regsrd&
fact that Mr. Wilt was witness as having any wegA
in precluding him from becoming bail.
III III. la hat p;yhk ha s~lal
against their acceptance.
After the adjo urnment of tue Court, Judge Peabody
proceeded to the Tombs with Mr.. Stafford, where
MR. Cunningham, after signing the bail-bond, wasre.
leased from custody. She took her departure in
risge.
THE CASE TO BE REMOVED TO THE oYERAsD TERnIsEn
Mr.. Stafford had prepared petition signed by Mrs.
Cunningham, asking removal Of the ease 10 tho
Court Of Oyer and Terminer for trial, assigning ~
reason that The Recorder and City Judge were prea
diced against Mrs. Cunningham, as evidenced by tAs
course they had taken in the Coroners investigation
Mr. Hall said he had objection TO such removslof
the case, provided it was made upon verbal sppics
ton; but he should object to it on paper reaectiss
in its language upon the two JUICES of the CouHd
General Sessions.
Mr.. Stafford said that removal was oil that ~
required, and to. day the application vii! be made
and granted.
THE RETURN OF THE INDICTMENT.
AZ Ill O'Clock on Thundsy morning the Grand jury
came into the Court Of Sessions and returned true
bill Of Indictment against Mrs. Cunningham On .
charge of felonously producing false heir Il R. s.,
4th Ed. page s6ll Tho indictment reads q follow:
The People ss Em|. An:.;s. Cunningham alias kmm'
STATE of Nor. York, City and County of Nex- YOrk,
ss.-The Jurors of the People Of the State Of New.
York, in and for the body Of the City and County
Burdel in bis lifetime, to wit, on the 30th day q
January, in the year Of Lord 1857, aud long be-
fore, seized in his demesne as OF fee Of and in
certain messuages and tenements with the sppur
tenances, which he had acquired and taken by pur.
chase, situate and being in the city and county sfore.
said and being that real estate known a. houses and
lots number two and number thrty-one Bond street In
said city and county; and that the said Harvey Bur
deli being in the city and county aforesaid, On the
3lst day of January in the year last aforesaid, died
30 seized Of and in the said messuages and tenemens
With the appureDances, without dsposing thereof BY
his last will and testament to any person persons
Whatsoever, and died, without leaving lawful ssss,
or father ard mother him surviving.
And the Jurors Aforesaid, upon their oath Aforesaid
do further present: That the persons lawfully entitled
upon the decesse as aforesaid of him. the said Harvey
Budel to inherit the said msssuages, tenements and
real estate were the following persons, collateral res
tiyes of him the said Harvey Burdei, deceased, TO
wit: His brothers, William Burdell, James Burden
and L. wiz Burdel, Of the whole blood, ard Lester
Lsmon, of the half blood and his sisters, Alice, who
intern anied with George ID. Bulen, and Mary Ann,
who intermsred with Philip Fields and the chIdrss
of one John Burdell deceased brother Of the vhos
blood Of Bim the said Hervey Burdel which childrea,
the nephewr and rieces Of him. the said Harvey Bur-
dell, sre respectively named Anna Margaret Burdelt
Emily Louirs Burdell and John Charles Burdell, and
the children Of Esther Mckee, a deceased sister OF
him, the said Harvey Burdel, respectively named
Mary Esther Mckee, Claripds Mckee and James
Mckee, which several persons were then and are
And the Jurors aforeeaid upon their oath aforesaid
do further present: That on the 18th day Of August in