The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-16
The Mortaya Case In NEW Yovh
DR. CUMMINGS AND BIeHoP HUsuss cHARssD wIra
''cIyIlIziS0N A PROTESTANT Eor.

'SIyIllziN0" A PROTEsrAsr Bor.
scrEnsE oorR -sfDfIAi rUn
Before Hon. Judge insrah&m.
Arorfr is.-In the msas u tie ysssrss~ q Anna j.
RcsoStyvs ae Rev. J,r,Asah W, c~~isg. scrsew-
ing traverse TO the return Of The eeenoNns vss p1s ~
the writ Of hareas corpus for her son
Amps HeqRer,y the reaior denial 70 Ne re<ars q
the writ OF habeas corpus made By the Raw J. " Gum
seIty has not been in bis cussody and oossroa ror
subsequent to the date Of the wrm Of habssa corv1 h
Gaze
That Ia not t1ue a. In said return aIeess hs sasd
Rev Dr. Gun mirss heard Of the sad fraDcs v.
D Eagerly before the service upon him u the sAd wrN
OF babeae corpus.
That il is not true, in said return alleged TIA, her
son Frapcs was never IN the house Of bs defendant
that be bss DO knowledge Of lne said Francis
That about the first day Of April. 1852 whiie Taacs
was under the care and control Of the relaor be
cianossre,y and privately abducted from b, By soma
since teeD her top Francis only once
That within short time amer the Ices Of her FrancA
be called twice ct The residence Of the defendant and
kDowD her los TO person there, aad reqasssd IN
ten view With defendant, and tuoe REUSED thai a.
city aDo made inquiries concerning Tho vSsssAsoss q
Der child, and WAS informed by several pcrsooa thea
Francis was corln BY the Rev. NJ. ounaaisp = ,hs
York, where the defendant resides
Thai on or about the ed Of July, he reatxD
with two Of her cborep- aged IS yeas and The ohsr
years ofseewhne Walking opposite decsdanss house,
waiting for him 10 out Of biz that she could
banned JAMES called her atss nsion, aod csd her 70 SOD
up 10 one Of The windows IN the desendasso
tSsse tia, she ,mmsci.ey hooked 10 and there 90. ser
from the window upon her and her two oshsr chidrcu,
ard making mantle stations and actions wsh,ag 70
bef for some minutes her child Frances oopanusd shsw
bis az ms and back Of his head wing thu, hair bad
bee cut Of ana making motions and sisns and By biz
short time userwMds come person rudely drsssed her
sop Francis from the window, and the nside suatiers
were closed; that she believes that tho Rev hr Cum
has The chge OF thar honse and the custody Of al
Prsons reading therein; she therefore still 90
heres and charges that her son Francis Is siiIi
ia the premises No. SO East Twenty min. n
street. or nj other place under the control Of Jcrs
miah w. Cummings
MIS-. Haasasty, who appeared In Court with baby ia
Der arms about three aeeEs Old was ersm,psd by "
srbager. and gave her testimony the above effect
During Der aross examinations by Mr. J. B. Fognsy sea
lawful married wcmsp, but that her bus bspd dessrtcd
Der two or three timer Cos other wvr
merchant but she does not snow where DO % now she
sae thai stssp Hughes and Pr,srt Oumn'nss came 70
be- was az n away sns Ss so1 s Pc
priest laughed and clappea their hsaas on The
Doors which they brought with them; Rshop Hughes
ls big, stors boiied man <laushser) she could
not identify Doctor Cpmmipss, but thinks that
sbe ssd hat abe had nery reeided IN Boston and
Phiadefhs, and that her hueuRnd had deserted
more Than one OCCASION She could not recoect TIE nun
place She doctor by Occupation - and maintain.
ed herself and family without any sss.anoe from her
husband, although he came and bad children and desert
ed her once twice, other often DO Since the
sut had been nenoed ans Dr. Cummings abe could
pey from any perrou Docs not know NJ smith, mis-
sonsry Il gentleman seated the witness hero
pointed OUT, but had eeen him: could not reeolect
rot know what business NJ smith was in. but would
probably make guess: Supposed be was assor-
missionary Der sens life had been threstesed before 10
was abducted by one or two who lived in no house
Wright had sad Thai be would lake her con and have
him "civized" by Or. Cummines as he WIS . Profess
tsns boy She called On Dr. cunmnss because abe
him with Der own On the first occasion shs knew
Dr. Cummings was In, because she heard him cough but
a Who opened the door upon that OCCASION about sns
"doube headed esge Of AUSTRIA" becsuse every enc
that the esge Of The United states which vas he dsurn
ter Of the Russian eagle was not double headed. sugh.
terl The day after the child was taken Archbishop
Hughes and priest Cummines called at her house. Sha
saw them leaving and clapppg their hands ~ II in Gf.
urnph: Dr. cammpss was here pointed out 70 tho mo.
described Archbishop Hughes a. "pale faced lsrre.
big beed man" and ataaed that he seemed also h joy
when be accompanied Dr. Cummings.
Andrew James D. HsgeeYfy the Of the last winners,
wss then xsmined ct some length, and in all The Leading
points Of the evidence oorroborsed tho mohsrs sta
stated that be s.d been emoseS 81 H.
Budson street. but could not toll hs nawe be identified
IL M s'a sssD sss
End aso sdced that when they the boy the window
Q, Dr. Curmiris house The shutters were Immediately
The further hearing WE adjourned to Thursday next.
THE CASE OF DIR. ELLIS.
IN The Mdtter # ne Application Ct Taos r. Euis--Thl
petitioner In this case, Dr.. Ellis who committed 70 tia
fombs On various charges Of obtaining Goods moved BY
bis counsel for writ Of cercrar TO remove the proceed
pes to This Court also for writ Of hsbeas corpus %
produce Dr. Ellie before the Judge The petition got forth
that the prisorer hid been Illegally conmitfed tnere
being nothing criminal IN the changes preferred agsnss
bim The prisoner also averred that tho bail demapdoo
was excessive and unjust The Judge granted me epp.
cation and made the order retnrnabie this tTuesday1
morning
CpOPs IN Iowa. gentleman from Cfntous
Iowa writing 10 Friend IN This city, under date Of Al.
pust g. RAYS Of the crops have abundant crop Of