The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-15

The Trial or Cancemi, for the Murder OF POI
Icsman Anderson, set down for Monday
psxs-The Trial OF Mrs Cunningham, for
the False kAeir Effort, set down for Mon
day Week.
COURT OF oysa AND TsKxIsxR.
Before Hon. Judge Roossven
Sapr A-Ihis oour. ope1e pro fo,md Toe District
Aorney Mr. HILL, addressing the Judge said that shore
were bit t-o mse,n for she consideration OF this Court
during ths p1Sert term, and In order to time he
would max ion In each The trial Of Cancem onarg
ed with the Murder Of policeman Anderson, had been
agreed pcn between the pra.ners counsel and himself
act down for next Monday He aereore moved that
psre Of two hundred and ny in ors be uopsd for
that day one Of the reAsonk thai tho case has caused
public excitement aid there may DO necessarily q
great many challenges exercised on the oocs.i Ion.
Kr. Ahmede associated with Mr.. f. Blankman for the
accused said lad been assigned by the Court 70 defend
sneps Hs submsd Ss, tue defence ought to be-
lowe ame 10 prepare their case no doubt the prose-
cuuon win prerr for conviction for murder excitement
q few weeks 4, may Do somewhat AllAyed; he there
lore hoped the trial would not be pressed on.
ihs .rcs Attorney sad st me % So associate
removed from the Ooart OF Sessions 70 this
court the understanding tna, they would be ready
for trial this Gay week. Under the circumstances that
the nrictmens 10 six weeks old, and ~ taere will be
other for the gentlemen prepare their defence
he thought Il would be sufficient Another reason why
me case should mot delayed h that there number
OF wnes.es detained in custody and il but Just that
they should be set at liberty - soon ~ poaable
Mr. Blankman would Ike 70 call the attention Of the
Court 10 another matter He would always regret any
between himself and toe District Ator
Dey, bot
The District At,crney-I take 4. back; should have
Mr.. Blankmsn admitted that Mr. Hall had inams.ed
that the TRIAL would be set down for week from to day,
but NJ Blapkman info ming hix associate {Me Ash
mede) Of thst fact he said the be ready
He then called he District Attorney 70 tell him 20, bat
90 much engaged he could Lot get an opportunity
Of speaking 10 him.
Mr.. Ashmede-rhs In not question TO the inoonve
nience Of pererns being detained In custody Witnesses
II matter OF usnoe to accused party, and 1t 10 the
duty Of Inc judge and of to that rights
nfipged IL Ia essential TO the Adminsr stion OF jus
lice thai ume should be ao sed for the defence and
say that short or wes ks 1t will be impossible for
10 be prepared he would tie Court to raut out
the prisoner counse and give to the District Attorney all
nc Asss
The Court spoke from the authority or the Dhtriot At
orney that there parties who are witnesses deprived
or their liberty and the rsi ought to DO brought Az
10 this excitement, he not aWaye OF any viii be
justice 70 the prsoGer IL he is Innocent, that he should DO
scqulted without delay and If ne oe guilty It IL equally
proper that the OF justine should be speedily attained
Inc District Attorney said II was not for him 70 sho~
Thy This should be tried for the defence 10
shov that should not ard II there any juss reason
why should not be tried this day week he would wish 10
near II.
should DO disposed OF ~ roou posspls; they were now
In he secont week OF the moan, and thsye other bus
psrs 10 be oone
Mr.. Asnmeae again urged the postpunement they had
been unable orpg interpreter ins the jail, except
the Interpreter Of the Court Of Sessions, and no sub
msied that the pscrer saI a. much cnea 70 his own
vi.hei 70 call The ..eution OF The Cour: TO- this
(JAncemD Ii iroUed he has not yet beea
tined; he has msd' no attempt to escape sad he should
net be iYoned before tried ana condemned II II
Outrage juuce, and would not be permitted In any
othe4 alse BE would also rtae that tho woman, who
though not his wife had lived With him such for ar
teen years had been refused sdn,tiance 70 see him.
The District Attorney said be presumed the Court had
ursdioon In that mater IS to the prisoner being kept
In rsns; they hae very stringent law In this city giving
the Board OF Ten Governors the management OF the
prisons, and If tie counsel want any relief he will find
ness, ana he tSr HaD would give every aid in his power
70 reclifv The grievance complained Of.
Toe Judge said he could sct in the matter without an
affidavit OF the fact beir submitted TO the Court.
MRS. CUNNKaHAh's CASE.
The Dstrc, Attorney ssd that the Clerk had iudict
meni Chat against Mrs. Cunninshsm) which haa been
fopnd by the Grand Jury transmitted from the scs
this Court The party viii be pat forward to plead.
Mrs Cunningham here stepped forward, and 10 the In.
dctnep changing her with attt mpng to produce false
heir 10 the Buroell Ca tate, pleaded no guilty.
The Dhuiot Attorney proposed Try tells case two weeks
from to-day.
Mr. Stafford said that there we're ten counts in the In
dcimept and he moved thas ~ this was ~ adjourned
Of the Court the should 60 over u next term
when disposition Can be made OF It, One particular
for adjournment In, that there 10 ceriorAr
peDdUE before Inc Uerere sniSo
bring the proceedings IN this case before Thorn.
Tho Nsuct Attorney said ha tho oeriiorar relates only
custody OF the rary and MT to tue merits OF the
There viii be ESQ jurors suop1nsed this term and
rome OF them may be qnAliced 10 on this casc He
why tho trial should be postponed beyond
tho nma psmed-iso seeki nom today.
Mr. stafford ,sid the case had only from the scs
sions on saturday he did no, see why u should be
pressed DO wish W avoid the trial or unnece
ssy delay IT, but be desired time 70 consult with asso'
cste oourr.L
The Jadse thought tina ought 10 DO anple 10
prepare airy csse--psriculnly when u u merely on .
a. cotton of Justice must be administered with more
pfompiness hAn mas been heretofore Parties charged
either be acquitted nHo,en., or convicted " Iiy
without delay I'm question ths, viii M doubt be car
red up, vbs,ever way 10 decided here II IL therefore
necessary mai l. should be vied here As soon ~ possole
thsl may be carried shhout delay 10 the Cour Of Ap
LFals Tso weeks ample time sfter the u me that mas
already elapsed.
Mr.. SlAlofd-tne indictment vas Only found on Ihurt
jucse-I have already stated vhri believe TO be the
voice or the public well tue vuice Of the law, that
in, loc be admin aertd With moro prompuude. The trial
nus, he EEL do ~n for two veeks from 70 day,
Mr.. Hall had anobcr remark 10 make No was some
what rcsiod n this cafe, aud world DO expedlent th,t
the Court sbood ~ In the case OF Mr.. Justice stewart
atigp District Alorn.y for that particular case (sfs
CuDDinl hsm't) ho therefore tufgesed that the Uourt
would 0sisn Mr.. whiting, who IL no- present
The Court having Sked NJ. whiting " he was In any
way connecscd III this matter which would preclude
MIN fr ting substitute District Attorney and thai
genten having -ered IN the nesatvo, ard hat he
objection be assigned counsel for the
cuhon, order accordingly made, and The Court oox
Q rectss for one week
En. Cupninghan Looked more composed Than u any
pot hor veil mp from her face, and could there
fore be kecnly scruuLizsd sho AppcA- ed remarkably
well in body and montai health, and perfecty calm
and collected
Supreme Cours-Ctrcuit.
BEFORE Hcn. Judge Roosevelt
2pPr lsTnis btirg the ,eoord Monday In the month,
tho Sestem5er opened AMI the aten ding