New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-13
TIE CASE or MRS. CUNNINGHAM
ARGUMENT ON THE WRIT OF CERTIoRARI.

ARGUMENT ON THE WRIT OF CERTIORARI.
THE WRIT DISCHARGED AND BAIL REFUSED.
Yesterday morning Justice Dawson made the fol-
lowing return to the writ of csrtiorar served upon
him on Tuesday, commanding him TO return the pro-
ceedircs. &C., in the Gaze OF Mrs. Cunningham
a. William Dawson, Police Justice respectfully etnr,
that on Ii, Sd day Of August A. D. ,. 3'1 ass. no.. oath
wiling sgainst Emma A. Burde for wltu sna feonious
os Of o1 G s a due edTe p law
the witnesses produced IL support OF the
sn 81 the s the Examination Of the prisoner that
HE prsonrr waived her right crossexanne the wsnee,
upon proceeding condered and so decided that an
asa. said statute had been c0mm,tfs an: that
tI,reupon ado warrant OF commitment in due form
schedule that due law have sent to the o,e
q TIE Clerk Of the Govt seS1i shs Ppss
' Police Cont Second Di.t Ner Yoyk, tug H. lSj7'
The warrant Of commitment, already published, is
attached.
This return, District Attorney Hall .ad, was super
ceed EXCEPT 10 far related to the cause OF deten
ton by the return OF the Clerk Of the Court OF Ses
siops, which is as follows:
Henry Vsndervoor Clerk Of the Court sf General Sos
DO return to The annexed writ cfo,er that have aOp
.oA official .nowed;e Of the day and cause OF
Tat do ets and have not detained her, The sad Erm.
Augusta Bgrde hs By that nsge or sy any other nor A'''
return herewith the certain original affidavit. ezalnst her
the said Emma Augusta Burde and her eAaninaion under
made snd provided certified to the Court Of General
the Peace by the Magistrate taking the same who
named therein aud Of record in said Count Of
General Sessions Of the Peace wheIE9 AM
Tie District Attorney aid he would, waving tech.
meal objections move, behalf Of the people, that
the writ be dismissed on the ground that the Judge
below he'd not erred in his decision.
Mr.. Stafford said that would raise the whole merits
Of the case. The questions were, rst whether there
Ind h. off nae Sc
there was probable 20 believe that his client had
committed the oifense He refefed to the statute de-
timing the ofiense and contehded upon the atiidavts
that no olnse had been committed under the statute.
lie then r. adj from the ailidayits Of Dr. MOntagne
the officers and others, relative to Mrs. CunniGgha
declarations that the child was Dr. Burdcll's, &c.
There had never been such before in this State.
lie Unlisted that the production must be in some
legal way 10 intercept the Inheritance, and II
merely Mrs. Cunnir CHAINS idle declaration. Ibere
had been claim TO Burdcls estate set up by her, Dul
claiming did not amount to anything. lie vas
satied That there must be overt act made IN a
court Of Justice before the statute could be violated
The declarations made in her own house at IidnlSn'
were not producing" to the public Her statements,
again, were not voluntary, but elcted Dyquesson,'
1t for the court TO cay whether, wnen nen nVaue
private domcil al night, for the express purpose OF
INDUCING a crime the declarations OF the person so
tempted hell have weight. There had beer deci,
sit on this point in England, to which ne would call
tie attention fthe Court Criminal stai utes must bs
ttIictly construed and admitting that this woman
claimed" 10 be the wife Of DIR. Burde it amounted
10 nothing without evidence that she was his wife
The Judge thought il wa hot material whether shc
| was or was rot his wife.
Dir. Stafford thought il was important, because i
she was not his wife the child could not inherit ent
there was no violation Of the statute. He proceeded
| 70 speak Of the commitment being made in the nam,
| Of Cunning bam and other matters inconsistent will
| her being the wife Of DR.. Burdell.
| The Court said there was, at all events, certa
pretenss her part that she was the mother Of tn
child, that DR.. Burdsll was its father, and couples
with ihis was her assumption Of beipg The widow q
Harvey BvydeA He wanted 70 kHew what svert o