Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-08-08
The Cunningham, Case

was resumed on wednesday forenoon. Inc
first witness was Miss Helen Cunningham.
She was deeply yelled, and appeared much
agitated. She testified that her sister Au-
| gusta left home on Monday to visit her aunt
in Lexington Avenue; that her mother that
afternoon was going to ride to Mr.. Ladd's in
Water street, but the carriage did not come
! until too late; her mother compliance at din
| ner time of sickness. and was taken with
violent pains; witness gave her some brandy
and peppermint, after which she said she was
better. Helen proceeded to tell how her
mother became sick after Augusta had gone
how DR.. Uh came. and sne let him in and
told him her mother had bilious choiic; how
Dr. Catlin came soon after, and told her she
had better go to bed, and lev, after going to
see her mother, who was "groaning with
! pain" she did go to bed. TINS was about
nine o'clock. She described her mothers
condition on Wednesday monIng as follows:
"She is very low indeed seems to be suffer-
ing pain; and is very faint; she did not say
| anything to me about her condition this
morning. only that she thought she would not
| get over it, Miss Helen's hand trembled so
| violently that she could hardly sign ner Aft
davit.
Miss Augusta Cunningham was brought
| in, took seat in chair, and commenced
sobbing. AS the Court was not quite ready
| to hear her evidence, she was sent home in
| charge of an officer, to be returned at three
clock, to which hour the Court adjourned.
| In the afternoon Miss NJ. Augusta Cum
bingham was put on the stand, and testified
that her mother had stated that she expected
| to have baby, but never said who the father
was, and that she had always avoided con.
| versation with her mother on any such sub
| jects, as it made her tAugustd) sick, her ner-
had bau
| by the events of the last few months. Au-
gusta never noticed any change IN her moth
er's appearance, although they frequently
slept together.
Mary Murphy was next examined, and tes-
titled to Mrs. Cunningham's calling upon her
in reference to engaging a nurse.
DR.. CATLIN's IEsTMoNY.-Dr. James II.
Catlin, the physician who was arrested on
suspicion Of being an accessory, has made an
affidavit, in whicn, after referring to several
interviews with Mrs. Cunningham while the
latter was in jail, he says ;
- Some time in the month of June was
formally requested to become her medical Gc-
couchew by herself, and l consented; about
this time she said that Judge Dean had told
her that il she had child it would be heir
to the properly, and she hoped it would live.
On Monday. Aug. 8, Mrs. Wilt called at my
evening, and said they were sick at No 81
Bond street, and wanted me to come over
went over at half past nine o'clock Georgi-
| ana Cunningham let me in ! then went up
| stairs into the front second story bedroom over
| the parlor entered the room; | saw her
sister, Mrs. Barnes, and Mrs. Cunningham
Mrs. Barnes was moving around; Mrs. Gun
1 bingham was undressed and in bed she said
she was sick and suffering great deal of
| pain | examined her tongue and pulse, and
was satisfied she had cholera morbus: gave
| her an emetc; did not then see any child;
few minutes later she voinited bleeding bile;
The first l saw OF the child it
was brought in by the sis er OF Mrs. Cunning
| ham, Mrs. Barnes the child was dressed
| when saw it first; | heard Mrs. Cunning.
hams remark about the child, that it had
| Burdell's nose and her eyes and color; Mrs.
Bell was brought into the room after the child
was there, to see it; l think she said it was
a very bright child; if MIS-. Cunningham al.
leges that any birth took place that night.
up to the time left and was arrested, il is
untrue; during the evening gave her about
an ounce Of paregoTic, and just before leav.
ing, dose Of cslomel."
Appended to the affidavit was the follow
| ing note by District Attorney Hall -
This affidavit OF DR.. Catin is taken by
mo after he was sworn by Justice Dawson,
| and he is by my consent on his own prop
osition, witness for the State"
AFFAIRs AT THE House. "A visit was paid
to Mrs. Cunningham, on Wednesday after
noon, by DR.. Devices and Professor Barker,
for the purpose Of testing, by professional ex-
Animation, whether Mrs. Cunningham had
or had not given birth to child within few
days. She firmly declined to submit to such
| test until she had consulted with her coun.
sci, Judge Dean. Accordingly the examina-
ton was postponed till Thursday.
The basket which was used to carry the
| baby from the house in Elm street to the Bond
street house, cannot be found, and it is sup
posed that the sister Of the accused burned it.
ohe and the nurse are detained in the Bond
street house.
Mrs. Cunningham still keeps her bed, per-
slsts in the fiction of confinement, and is
| evidently laboring under strong nervous
emotion. She is not allowed to see the news.
papers, and is very anxious to know what is
going on about her case. 1t appears that she
has deceived every one in regard to her sup
posed pregnancy, and that even her own coun-
sci did not know anything to the contrary till
Tuesday.
Mr.. Clinton, her leading counsel in both
the murder and the will cases, would not be-
lieye what had TRANSFERRED until he saw the
district attorney. He says that he believes
she was actually married, and as he has been
committed to the will case he will carry it
through, but further than that he washes his
hands of her.
MessIs. Dean & Stafford, on behalf of
themselves and Mr.. Clinton, (now absent
from the city,) deny the statement "that DIR.
Uhl communicated his suspicious to the coun-
sci OF Mrs. Cunningham, and was told it was
all right They say that nothing Of that kind
ever occurred.
CAN SHE BE PROVED GUILTY ? 1t has been
suggested that the plot was checked too soon,
but the author ties were fearful that by morn.
ing Mrs. Cunningham would have found she
was sold, and destroyed the evidence and per-
haps the child. Indeed, her doctors whisper
that, after having been sufficiently shown
around to her friends, 1t was TO follow its sun
posed "papa" to Greenwood as speedily as
possible.
| But the district attorney is sanguine that
| the full crime has been made out and that
| the fraudulent production 10 friends and
nelghbors aud the false representations to
them, coupled with her statements, are suffi-
cient.
| Al all events, she is amenable, under the
statute against attempts at offences. For the
attempt, she would be liable to i've years
| Imprisonment in the State Prison. The only
legal difficulty in the case would seem to be
embraced by the question, .'Where can such
an unbiased jury be obtainedT
Who MURDERED DR BURDELL THE new
| developments in the Burdell case are likely to