The New York Herald Newspaper, August 5, 1857, Page 1

WHOLE NO. 7643. THE BOWD STREET TRAGEDY. Remarkable Supplement to the Bur- Mrs. Cunningham going through a Sham Accouchement. ‘escent of the Police upon No. 31 Bond Street. 4 False and Fraudulent Heir to the Burdell Es- tate brought from Bellevue Hospital, The Nurses, Doctors and all the inmates of the House Taken into Custedy, fhe Legitimacy Before the Surrogate OFFICIAL REPORT OF DISTRICT ATTORNEY HALL, AFFIDAVITS IN THE MATTER. INTERESTING STATEMENT OF DR. UHL. THE CHILD AND ITS REAL MOTHER Full and Intensely Interesting Particulars. dies, des, de. ‘The woman who bas figured so largely and conspicucur- ty ta the public eye for the lart seven months, in couneo- tdon with the Bon/ ttreet tregedy, haa again come ont io & pew and no less remarkab!e light. Mrs Emma A Cunningham, “otherwiee called Burdell,”’ ts once again in the hands of justice; and though the offence with which whe stand charged this time in of a less heinous charac ter than that of which « jury bas n0 recently declared her ‘pet guilty,” there is not now a peg on which to hang the shghtert “shatow of a doubt” as to her thorough and complete guiltiness of tbis her latest offence. ‘The crime for which she is now in the hanas of justice is @ supplement to that terrible tragedy which took piace at i Bond street om tho pight of ‘he Sth of January last, when Dr. Harvey Burdell was assarsina ed in the mysto fleas manner.and under the circumstances with which ‘all the world ts familiar. Having claimed to be the widow of the murdered man, and to be consequently entitled to ber widow’s portion, or third, of the largo estate of which be died siezed, the rejatives aad next of kin have been 1B was in the consummation of that sebeme that she has feat deem detected, and it ie for that offense, punishable i 5 fiom that promised tn due ime te add one more to the population of the city. Sho her- self did not deny the truth ef the rumor, but adopted @very means to give it the appearance of truth. Gradu. f bor pregnancy to the Matron of that ertabliaament, aod by ber ‘make up’’ and other corroborative cv sumstanoes, removed all doubt from that lady’s mind, if the evor had any, as to the reality of the claim. She also consulted Dr. Ubi as to her condition, and got him to prescribe the Mmedic’nes fitted for s inéy so sttuaied. Dr. Ubi bad been ber physician for some time previously, aad was an im portant witness in her favor on the tri | He does not appear to have had bis eupicions aroused at rat. Babweqnently, and afier ber acquittal by the jury, she again on several occasions conaulted Dr, Ubi and desired engage his eervices on \he eventful cocasion which was soon Ww arise. He suggested to her the propriety, in view Of Whe Importance of the matter, of having a preliminary examication made by two or more respectsbie physicians. Mra. Cunpingbam at fret admitied the fore of tho sugges- ‘Won, and expressed hereelf willing and anxious that the ecessary preliminary examination should be made, re (qeesting Dr. Uhi to make arrangements for it. The Doo tor, however, could not fail to percelye that sho avoided uch ao examination ashe proposed. This and other lit- We ciroamstances whic he noticed awakened his sus. Piciens and led him to belleve that the pregnancy of his pedoat was all arham. He communicated his suspicions to his counsel and some friends, and was stvised to place Btmeeif in communication with the District Attorney, and taform that functionary of all he knew or suspected. Fle @id eo, Mr. Hall, who had suspected from the intimations of Mrs. Cunningham's couneel that thie trick would be at- Nempted, urged Dr. Uhl to continoo to wink at the deception unul matters should be fally ripe for © complete exposure and election, The Too tor st first demurred to what might be ro garded w4 & viviation of professions! confidence, but 8 was submilted to bim that he was bound, as a good cili- en, in justice to the whole commusity, to lend his ald to the ecomplete working out and consequent exposure of tho fread. These arguments overcame Dr. Unl's conscientious and professional scruples, and be went righ into the ere. Ata subsequent interview which the Wooler had with ‘Mra. Cunningham she made a clean breast of it; eho ad. mitted that the (dea of bor being pregnant was alla bumbog, but expressed her determination to have an beir, et It come from where fi might, and promised him $1,000 if he ‘would sid ber in ber pinos, prooure the child, and assist fat ber accouchoment. To this Dr. Uh! assented, and no- Used the District Attorney of what bad taken place. ‘This latier official undertook the delicate task of finding fam heir for tho Bardel: property He ascertained through Dr. Uhi that Mrs, Ounningham had selected the 28th of July, or thereabouts, for tho me of her scsouchement, and Mr, Hall was sure that by the sid of the officials of Bellevue Hospital there woula be no necessity of pestpon- Ing the \ateroating event. ‘The pian which Dr. Ubi proposed to his patient, and Ps mene ere om a. Non a Dr. Ubi professed to have the good hick of being engaged by a woman in Kim street, convenient to Bond, to amiat hor in her approaching confinement. This woman ‘Was represented to be one of those matroms known as “California widows,” who would be overjoyed at being Felleved of a rerponsibility on which her husband had not oalonlated, That was just the thing. Neither woman was {0 nee or know the other, and there need therefore be no @pprehension of unpleasant dove'opemonts, ‘Bo the plan was arranged. Apartments were procured om Monday at 190 Kim street, and wore furnished by Mr. ‘Hail for the proper reception of the tying in woman Ofcors Mika, Hopkine, Speight and Walsh wero dotalled 6 Koop & close look ont on 31 Bond street, Mr. Hall busted imei on Monday evening about perfacting the arrange. monte. An infant that bad been born on Saturday was Prooured from Bellevue hompital, and having boom marked 90 a0 to be onsily Indentified, wan sent down with « nares to 190 Kim street. There & physician was in waiting, duly igh) cappod and metaphorred, to persomate tl:e California tady; and Dr, Ubi, «© believe, was were to deliver over the bicsved dary to Sister of Obarity, to be reprerented on that occas on hy Mrs. Ounningham. Tho bour of uint o'clock was fixed aa the time for thet dé nuuement, Mre. Oonningbam waa to proceed to Kim street dressed ag a Sister of Carity, to receive the Ittle stranger. The welo drama, of which Mr, Hal) waa the getter up, rtago manager and prompter, went through Detter than usual, even without the advantage of @ rehereal Mrs. Conningham was duly irackod by Captain Speight from 31 Bond atrect to Elm, and seen to return with a basket containing the baby. Sne was permitiod to enter her bouse, and at eleven o’clock @ domiciliary visit was paid by the officers. , Mrs. Cunningban vas found pleying the sick woman to perfection, with a noree titting by whe side o” the bed holding the child !n herarms, There wore also prevent a woman named Anne Burns, claiming to be Mrs. Conpingham’s sister, Dr Cetin of Court s.reot, Brooklyn and others, On being tnforued of the object of the police visit, Mre. Cunnin, bw cried out that they bad no legal right to be there. She was placed ender arrest, together with her nw sp, Jane Doll; her go callad aister, Mrs. Barns, and Dr. Catlin, It is rumored that Dr, Oatlin has boasted of having gotup the device for Mra. Cunningham, and that this wouan bas boa ‘ted that she bad Dr, Catlin under her thamb, In thin connection it {s also stated as are markable fact that this was the doctor who attended Mr Curningham at bis death The tollow ing is the oficial report furnished by Mr. Dis- trict Attorney Hall, and, we presume, may be fully re- Sed on: ACCOUNT PREPARED BY DIATAICT ATTORNEY HALL FOR AN KXTHA YESTERDAY. is will be remembered ihat thortly afer the conclusion of the trial of Mre Quamingham for murder, a ru nor pre- vailou that abe was with chi! by Dr, Burdell, and thet In dao tme a living pledge of the uaion would be sroduced. Tho rumor was pot traced to auy direct source, and was not genera'ly beliered, until hor counsel, Judge Dean, ia jitirg his eprech’ before the Sarrogete, on July’ 3, used (be rollowing language, as sopears from the Times report of the following day :— If it were troe hatin the ordinary gestation @ child should be bor: to Harvey + urdsl), then not only al the ties of blood and palure. bit a4 dhe rictates of humarity demanded that the Court shor jean favor of tat innocent unborn chil, rather than in favor of ose who have n+ dirsct claim upon tbe prover's. woul say notbing of the cousequeners of a decree of bastardy in advance, With consequences we bave now nothing 1060." 40 ‘This anpoupcement was, howeer, recetved as authori tative that Mrs. Uonningham was enceinie, and as she 900 after begen to appear ip pub io, it was noticed that her form gavé corroborating evi tences of the probapilities outlived by the learped Judge ounsel A few cays afier this public 8m oancement of “ contin genoler”’— bis “casting of beioreiacd shadows,” Dr Ub) was sent for by Mrs, Cunpl gham to wait apon ber, It will be remembered tut Dr Uni nad been her medisal advirer previous to the date of the murder, aad had at- tenoed ber during the inquest, and was a promin-nt wit pese in the three tnvcatigations which grew out of the wurder und the ciaim for the property. Ur. Uhl asco d- tegiy wentto a¢e her. abd was infurmed by her tha: she war enceante by Dr. Bardell and *‘ exvoctea’’ anout tne middie of August, and desired bin to become one of her medical attencsxts cpon the acsouchement. Dr Ubi consent. Ineiew dvys he called ngain, and advised with Ler about ber condition. on pressing some certain medica) tuquiriee hiz suspicions hecame aroused. Upto this timo Dr Ubi bad rather favored the idea that Mra Cur ‘was eptirely innocent of the charge of murder. He visited her again, apd b's donbta hecame almost oertaintion. Ho Immediately Isid the whole mater before David E. Wheel: er, Eaq , bis couveel, who ss directty told him % waa bis duty to tw District Attorvey Heil. (whose firm of , Hall & Vanderpoel have offices ee Bg’ Bapk adjoining the o ir. necessary eftidevit. Dr. on Mr. Hall—tbis war about the date of Jaly 10—and stared facr, peony however, that be would not make ap he delicacy or Ouasingnats twee a 1% ware , the doctor t) tast seo: ‘Statutes which says— ho ball fr roAuce an Penis caters oe ea wg GET pe " avy environ, be punished by oars. thal, 0 on pot esreeding ten y: tate p i #8 i itt E in Rim etreet; oa bo ‘ borrowed”? for a pingham, thet the latter phoul4 bein travail for » snd thea while in of the * little stranger’? suddenly be restored t> w delightful conva lescence, with a variety of minor dramatic touches (for whioh the / istrict Attorney is said to be famous) not ne- bow to be mentioned plan wae given to Mrs. Canningham, who was Diebly pleased @i'b it, aod became impatient to bave the dmonemeni. Dr. Ub! asked ber whoa it would be most convenient for to become & mother, Tharaday, Jaly yy Jodge Dean,) under the tbeory of ‘mar’ before the Surrogate, and so the first week in August becuase the oeltled ume. On the Ist day of August Mr Ha'l found It necessary to fied another physician who should take chargo of the child and care for its health, whilet it was im a state Joan, and alse to obtala the infant He sent for bis intimate friend andtis own personal physician, Dr. do la Montagne, of Fiekhill, a prominent man of that reg! George Kellock ‘of the Almsbouss, Th promised to bef lend his aid, and came down to New York for that 6. ‘Smith, with Disirict Aitorney Ball, an intorview with Mr. warden Daly, of the Bellevue Hospital, on Monday aud examined into the state of the “ lying in’? ward. was fornd favorable. The child would be forthcoming. Dr. Uh) ard Dr De ia Moniagne were then brougnt to- wether by Mr. Hall at hisolice, and after etaried out to find Suing ‘& consuliation apartments whe’ eto might as i ifsel rif; Fees ity is! STATEMENT OF DR. UBL. HIB WROLE CONNECTION WITH THR CARR—TITS RIRBL AUSPICIONS OF THE PROPOSED FRAUD—THE STEPS TAKEN TO ENTRAP THE OULPRIT— PROBABLE FUR- THER DEVRLOPRMENTS. ‘ea that of Dr. Bardell, haa been made, has made the fol- lowing statement of his entire connection with the case — Abont three years ince I took rooms at No. 6 Bond street, and became acquainted with Dr. Harvey Burdell, and was employed by him te attend several partics, among whom were his brother Lewis and others, Me, short- ly after we became soquainted, inform mo that be bad « widow Indy, Mrs. Ounningham, residing in bis honse, with two danghters, to whom he wished to introduce me, as be thought 4 might be of bene to me in my practice. I went to the house once for that purpose, but Dr. Bardeil was out, and shortly afterwards ho sent for mo to attend Miss Holen Ounningbam, and I saw her several times in his presence, and attended her professionally; about ® yoar ago Inst Thankeg!ving I was sent for sudden- ly, late ot night, to attended Mrs. Conningham, at No. 21 Bond street; I immediately wont ‘aod found that another physician had been rent for, #0 I wont away, and retarned the next morning to make an apology, as is ous tomary with physicians (n gmeh oases; I fonnd that she bad boon slightly (ll with @ cot sorons her foe (this was ‘at tho tims of the alleged abortion); 1 never saw her afer that time until afer the warder; Dr, Burdell bad told me that I should attend ter, and I considered her as one of my patients; on ihe morning of the murder I had wnderstood ibat sbe wanted to ree me, andl wont up ataire and saw Miss Helen Cunningham by the door, who aid that her mother had wanted io ee me in the morn- ing; I did not see her at that time, but went in the evening, and found her in the room up stairs, over Dr. Burdell’s, in company with Mr. Thayer snd others; I remained a few minutes; sbe said the wanted to vee me much; | told her that if I could be of any service to ber in these trying circumstances I would, I know litle of her at that timo; nothing of the in e8 of the bouse, and only spoke out of spontaneons sympaiby for a woman in her trying situation; I called the next morning (Sunday), and hearing that the Distrios Altorpey wae present I rent for him to come down stairs and see mo; he came down, and I told bim that tho way things were going om they wouk never discover the per- petrator of the murder; Dr Oonnory’s son John ome along, apd apoke to bim; be, however, gave us the cold shoulder, and raid something about he and hie father attending (o his own buriness; I was present during tho inquest, aeristing the other phyrioians,and on the third day Mrs Cunningham sent for me to attend her prefeesion- ally; I refused to go without a permit trom the Ooroner, but afer Dr Woodward had procured it, aod made the firet visit with me, he refused to go agein and I bad to go akno; she immediately desired information of me as to what was going on. I re- fused to give it to her, stating that it was not my duty to give It to ber, and that she must not ask me; that! wanted to be able to ray, on my examination, that I bad uot given her any information on the subject. [It has been a:cer- taired since that detective offlcers were posted convenient ly near, to report any important conversation tht might occur, and they corroborate the Doctor's story.) 1 attend- ed her there fora few days and dij not see her agetu antil she sent for me at the tombe, by letter. | did at g0 nptil I called upon Mr. Hall and asked bim if it «as right for me to go in, coveidering my connection with the case, He said he would tak'the matter into cousidera- tion, Bhe sent me a note again, and I sent it lo bim, anc he sent me back a corcisl le'ter, admitting me, and wtatiag that be had the utmest con‘idence in me. I waa therefere permitted to attend her jn tho Tombs. She there requested me to prescribe fort the symptoms customary ia advancing pregnancy. I was romewhat surprised, and questioned ber as lo being in gMfat condition; she said that she would not’ state; she ‘bad not stated to anybody, and sbe wovid not give me any information; | presumed that the did pot wish to pay anyihing, on accornt of the then excited state of the pulftic mind; Mrs. Forster, the matron of the city prison, however, informed me—and I eup»083 Delieved herrelf—that Mrs. Canningham was ian the Tamily way; 1 attended her occasionally, and was present at the various examinations at the trial and before the Surrogate; after she went to N>. 31 Bond street, she sent for me to come again to seo her; I wont to see har, aad during my vieltthe informed me that she was enceine by Dr Burdeli, aad would require me to attend to her during ber cenfinement; I told her that in a case of this import- ance she would need to have several physicians to auend her to see as regarded her condition, and if she wished I would select them; she agreed to this at that time, and 1 actually spoke to two physicians avout attending her; even at the Tombs I told ber the great imvortance of hav- tog ap examination of ber person, to see if abe was in the condition she represented, and sho then asked me how I found out, and I told wer the process; I found, however, a time wore on, that she kept avuiding this ¢xami- nation, and my suspicions were consequently aroused; 1 held a conversation with a friend, in which he informed me that (here was s romor that she intended to get up a child to represent a child of Dr. Burdell’s; I spoke to a gevtleman who knew her, and revealed my suspicions as to her intended fraud; that che was, as she alleged, withia two months of her condzement, and yet nothing had been done in a proper mapner; my friend stated that he was satisfied that it was all right, and that Dr, Catlin, an old friend and family physician, bad been decided upon to make the preliminary examination; 1 went to see her for a few days more, ap! then she developed her sche ne to me, \nforming me | hat she was oot in the family way, and tnat abe intended to get apa child and pretead that it was hers I did vot give her any satisfaction, or state positively { would joto ber in her scheme; this was abuut ihree weeks since; I immediately weat t» my couasel, Mr. D. D. Wheeler, and told him all the facts in the caso, and asked bis advice; hoadvised met> wait © fow days, aad got overy thing in readiness and give information to Mr Hail, the District Attorney; I Decame somewhat a'armed at my holding #0 tmportant a secret, and hunted up Mr. Hall, ‘and Mnally, the morning after the Seventeenth ward riot, called at his office, saw him and gave bim ai) the fac in my possersion; I desired to make my affidaritand hip)» t ce in every possible way, and then retire from the cae; he told me that there would be po wae In making an affid apd ted me to enter with him into an a rangement te convict ber of this crime; 1 partinily agreed, at said I would take tome time to consider; I ovaruls ed several persons, professional men and other (rieads, and they thought that the only course for me to pursue wo to steint justice and detect her; I then, of cxurne, KAYO UP My Objections, and entored into the matter with bim; I visited hor occasionally, and it waa arranged bo tween oa that Dr. Catlin, of Brooklyn, should attend her in her coofinoment, and that | should be called in for con wultation; | was advised to bave no communication wits Dr Catho; Mra. Conpingbam inf rmed me that be was in the secret, apd that he was @ man who could be (rusted at ell bezards, because she bad him under her thum> com pletely; | was advised not to bave any connection with bim; bot one day he came up to me in Broadway —(on the very da, when Judge Dea made his argument and wished to talk with me; ho sald he had bade talk with Mrs. Burdoli; I told him that we dif pot need to have any consultations in the matter, as we understood one ancther; he said we could arrapgo everything, and admitied at the Ume that ho bad dovited this plan to her when she was in the Tombe; that they bad made their minds that they ‘wanted another physician to help carry out the plan, and that they had resolved upon me; there was a certain ia- dividual who advised them to employ me although he bad no reason to think | would perjure myself {io that man- ner, | felt t to be a great personal insult to me aud acted accordingly; after repeated interviews with ber, it wae finally arranged that she must be confined about the first Or recond week in August; it was decided that it should come off on Monday or Tuowday of thie week, and I was to furnish the desired babe; I had in the meantime been tn dally intercourse with Mr. Hall, and bad kept bim in- formed of all the plans, and I informed him of this final decision, be assumed the whole magac.me:! of the thing. and on Monday morning about 11 o'clock wo went with Dr. Montagne, his brother-in-law, and inoked for suitable rooms in which the mother who waa to be provided by Mr. Hall oould be confmed; Mr, Hall furnished the room from his own house, and Dr, Mon, tagne went up to Rellevae Hospital and secured & now born infant, the placenta, or afterbirth, and a nurse; I went to sco Mrs, Burdell in the evening, and 1} was ar. ranged that she should be immediately taken sick; | in- forming ber that a California widow wae jan about to be confined of a child which she wished to get rid of, and expected to give birth to it that night; she eaid that she ‘would send s lady to the house, the namber of which I gave ber, for the child she said ehe would not tell me the name of the lady, as she did not wish it known; she was to send the lady to the house in Elm street after the chili tmmediately afer I loft the house; if the obtld was born before nine o’clock, then this lady was to come ap for the child; Mre, Cunninghom was to send for Dr. Catiin; she was to be sick with labor pains through the ontire night, ‘and 'n the meantime I was to be font for for conmitation, nd the child would be bora about 12 or 1 o'clock; if, however, the child of the California widow snould not be born until eleven of twelve o'clock, then thie Indy wan to go about cleven o'clock to Pim street and remain all night at the bouse, and in the morning bring the child {n broad day light {na market basket; Mra, Cunningham did not wieh 10 have any suspl- cous circumstances about the matter, fuch as bringing In ‘bandlos at eo unseasonadle an hour of the n'ght; T went back to Elm street and did not leave there; while on the watch Leaw Mrs. Purdell hereelf pasa the house and! | wk at it at tentively sbout siz o'clock in the evening: abo. ight or nine o'clock I went back to Bond efrost; 1 was let in at the | front door, and met on the stare Mise Helen Onnning- bam, who said that her mother waa very sick and wanted me to go op and relieve her; I wont ap and the room was very dark; the gaa was out, and [ conlt hardly fled Mra, Cunningham's bedside; I went up to her and aho wanted to know If everything was all right; she cal'ed thie Jay that she spoke to her, and I immediately recognised MORNING EDITION—-WEDNESDAY, AUGUST 5, 1857. her as her sister, or a lady who has beon for some ‘ime itvisg im ber house as such; Mrs. Ounningham waked her whevher she was ready to go? ‘‘Yos,”’ seit the; ‘where ie ‘he Diack dress?” Mra, Cunningham told ber; it was arrauged that she should go for the child after Tleit the house; I was to stand at the street door ia Kim street and wait for her; she was to carry in ber left band a white handkerchief by which I was to recoguize har; fu the mantime Dr. Montagne and the rest were ou the watch; I weal and took up my post at the Elm atreet door, and flually the lady came; | asked her if sho was the per sen who wanted the basket; she made no reply, Dut AnOrE the handkerchief, apd lo king at her clomely I was oon vinced that the lady was Mrs, Cooningham herso'f; she did DOs speek, but wont up slairs and got the basket, and went ‘out into the street apd bome tw Bond street again; I weut home to Twenticth ptreet and found that thore was a call for me to go lo 31 Bond street immediately, as Mra. Bur dell was very sick and soon to be confined; I wont down ipetantly and rupg the dell; a Mr. Wilte came to the dour end acked me if I was Dr. Ubi; I eaid yes, and wae shown Up stairs to Mrs Burdell’s room, and there x4 ber in bed, and Dr. Catiin was present; she was very much *a labor, apparently, aud Urribie labor, of the most violent de scription; the child was then on the floor ory'ng in the corner of the room; Dr. Catlin took out @ tin pali filled with bieod, mixed it with wator, and sprinkled or ap-oad it over the sueov, sv a9 to make bicody sheets; Mrs. Oun- pinzhato’s slater protended to warh tho child, avd every thing was prepared, as 1 onderstand, to deceive a nurse, who was to be sont for; I did nothing but look on; aad Dr. Catlin desiring it, I went down and found Mr, Wil, and vent bim after the nurse; he said sho wae ready w come; he then went after her and soon roturne?, eaylog tiat abe desired to go up stairs; according to orders I went up, just "to see that everything was ready to have her come; they locked up the pail in the closot, and she then wous up aud sympathized deeply with Mrs. Cuovingham, end pretended to sesht im drossing the child in the prerence of Dr, Catlin, who prot-nded to put on the pandages. Mis Ouaninghem acted her part to porfect! in and groened most persisiently for a long (ime; I then said it was about time for me to go, and as T oatuo out Dr, Oat Min came out and locked the doar; I met Mr. Hail on the corner of the street and told h'm he mus: get in the best way he could, and I went off heme; | took what part I did in the matter solely at the earnest solicitation of Mr. Hall, and to further the ends of justice, and if, as 1 suspect. the individual who advised Mrs Cupnivgbam to employ mo undertakes to break down my evidence ip this case or to aerull my obaracter, there may be some rich develope. ments yet. INVESTIGATION BEFORE JUSTICE DAVISON. ‘Atanearly hour yesterday mor.ing an investigation in fhe care was commenced by Justice Davison, at the Second Distriot Police Court The witnesses were called in one by ope and examined reparately by James M. Murray, the Clerk. The examination continued throughout the en tiro day up to alste hour last evening. Tho following is » report of the evidence thus far elicited :— ‘THE DISTRICT ATTOBNEY 8 AFFIDAVIT. A. O, Bail being duly sworn, deposes and says—That he ts District Atiorney of this county, and has been for several yoars acquainted wich Dr. David Ul, a physician of thie city; tbat shortly afer 4th July deponent was called upon by the said Ubi, who stated he had a commu- nication of some public Importance to make, and desired the official advice of this deponent; that Dr. Uh! then stat- ed that be had been the adviser of Mrs. Cunningham, otherwise called Bardell, ne her medical attendant, and bad been shortly before asked by her to attend upon ber confinement; that she had stated to him, the said Dr. Ubi, that she expected to be delivered of « child by Dr. Harvey Burdell im the course of the month of August proximo; that said Dr, Ubi observing by Der appearance that she was ostensibly enceinie, be Neved the said story, as he informed depooent. Thay soon after, having occasion te ask certain medical questions of ber, (as he, tbe sald Uhl, further stated to de. ponent,) bis suspicions by her answers were aroused ag to Ibe validity of ber story, and thas thereupon staung thom to bur, he wre contrmed by her replies in his ourpiciome ; that Dr. Uh) then stated to deponent that as an honorable man he deemed such s criminal matter to be witout the pale of professional contdence, and was wil- lng, If it would serve the ends of justige, io maxe an afl)- davit; deponent then stated t the said Dr. Ubi, that ta his official optpion bis conduct was high!y commendable; that ‘ap affidavit at that stage weull be of noservice, for noovert ‘ect, sufficient ia aw towerd a crime had been committed, abd suggested to sald Dr Ubi that for purposes of public Jastice he should latent» what Mre, Conningham hed fur ther foray, and should ostensibly lend himself to ber plane to tratk the prop wed crime; that toe said doctor st first strengly objected, but afie* coariderisg the subject ho Acceded to deponent's propoval; that depovent was then by the raid Ubi placed in posession—from time to time— of certain facts which led to bis obtaining child from Bolevoe Hosplial, and as dep nent is informed and be- levee to tte produc jon to various individuals by the sail Mrs. Cunningham, as the chiid of Dr. Burdell end her the ssid Mra. Ounninghem, as his wife, aod os heir of the said Burdell to certain property which deprmeat bas been infermed and believes the maid Burdei! o2 bie decease loft. Deponent rtates thas i» everything which the seid Dr, Uhi has dono be has acted witb the advico and conse! nd at the sugges iona of this doponent, to his official capseity. Daponent has no sersonsl knowledge of any of the faote constitating the alleged offence, hut makes ‘bis affidavit asking (oat an investigation may be bed in due course of iaw, He charges, om in- formation and belicf that ibe raid Mrs, Osnningham has commited the felony of prodactog an tnfant, frat lently and falsely representing tha! it wae the child of herself, at Mre. Burdel!, as wife of Garvey Bar iet! ant of thesaid Harvey Bardell, now deceated, as ite fathor, and, therefore, the beir cf the estate, when in trath and in fact, a# deponent i# informed and believos the sald ob Ie is the offepring of Kitzvbeth Anderson, an inmate of Bellevue Hospital. Deponent requests that the following ‘witnorses may be summoned, who will testify, se he is informed and verily believes, to certain facta now in con- nection with their names, briefly referred to, viz:,as follows:— Dr Jebn De la Montagne, who procured the child, iden. Uiflen it and heard and saw it preduced by Mrs. Cuaning bam, otherwise Burdell, and hereoif ae his alleged wife Inspector Spright, who saw the woman believed to be Mre, Cuneingham herself leave N», 81 Bond strest to go after the child end roturn with it in @ baskot to the house. A parsonger in a railroad car, who recognized Mre Oun ningham going down (he Bowery on the night of the 4 Angust, Whose name deponent is ignorant of, but whom Inepector Speight knew ‘Officers Walsh, 8. J. Sraith and Wileon, of the Fifteenth patrol, who made the arrest and heard the admisdons of nid Mrs, Cunningham as to th; child. lngpoctors Dilks and Boptine, who also were present at the arrest and actively engaged tn it. Dr. David Uh), who wae present during the alleged do livery of Mra. Ounningbam. Dr. Walter B. Roberts, who bas, ax doponent verily be- Neves, been informed by Mra, Cunningham that she was emocintc, aleo Misa Heater Van Ness to tho similar fact, also Mr. and Mrs. Wilt to the same fact, siso Mrs. Donoison to the ame fact, aleo, lately a domestic to Mra. Cunning- bam’s family, 0 the same fact, whose name deponent does not know; alro ome Dr. Catlein, who has beon arrested coming from the house on the night of Aug. 3; also the two murses, then arrested at No. 31 Bond street; and do. ponent prays that the person of Mra. Ounningham be ex- ‘amined by matrona, Further in his information asd be- lef saith not. DR. DR LA MONTAGNR’S AFFIDAVIT. City and County of Neo York, « —John De ia Montagne being sworn, deposes and says, that ho is by profession a phytician, and resides st Fishkill landirg, Dutohess ooan ty; that on the 34 day of August, inetant, at the requost o A. Oakey Hall, fiaq., the District Attorney of the county o New York, (whose personal friend and family physician he has been for ten yoars past,) he came to this city to assist Mr. Hall in the discovery of aa alleged felony; that ‘on the same day, in company with the said District Attor- ney, bo had an intoryiew with Timothy Daly, Req , warden of Bellevue Horpiial, upon production of » letter from Waahlegton Smith, feq., one of the Ten Governors; that tho said Mmothy Daly, Beq., furnished this depenent with 8 female child two days old, with the consent of ite mother, an deponent was informed ani believer, and a whiob child and nurse he proceeded to cortain apartments at 100 Rim etroet; that there, on the evening of the said day, the sald female child was marked by thir deponent with lunar caustic bebind ite left oar amd wader each arm, and that deponont tied about the unibilical Cord @ minute edging of @ pocket by. corchiof. ‘Ths: deporent thes to & m preitionon the side of du street, Opposite to No. 160 Kim street, with offloer Wn 2. Walsb, a patrolman of police, to watch the said promiroa That room afterwards, avout the honr o° quarter past nioe o'clock P. M., this deponent failing to percetve any person coming out, went into the Bowery aad saw a womsa inthe Bowery on tho block beiwoen Bleeker and Boad +*reets coming up toward Bond street with @ basiet, Chat de ponent parsed very neas to her bat could not see her face; she was drerred im dark clothes with a clore hood op her head. That cdeponent recogutzed the darket di iectiy as one which deponeot had that afternoon pro cired bom elf from tbe house of the District Attorney, and which deronent hat lastrcen twenty mints prev ously in premises 190 Kim street; that deponeat next fol. lowed the said woman carrying the sald baskos aronod Bond street and epter upon the stoup of avd heard the door sbut of the house No. 3] Bond sireo'; that just before she stepped om the stoop doponcat saw Inapeowr Speight, one ot tho Metropoiitan police, and called attention te she fact of eptrance; and depon:nt is informed and deileves that the raid In:pec or B8.clght saw tbo porkon enter the bouse; that deponent afterwards, be:ween 12 aad 1 O'clock at nis bt, as the request of Inspector Dilv#, went | houre No. 37 Bond street, while the District Attorney Io spectors Syelyb! and Hopking, and patroimen Wal-b, Smith xno Wilson, wero near by, waiting for an opporto pity to enor, That depocent and Inspector Di ky rang ihe dc or bell, bat there was no answer. Deponent then rang violently, when the door was s00n opened by two wemen, who objected to our coming in, and orked what was wanted at this lao hour, luspooior Ditk« and this depopent excused themselves for thy bour, end stated we bad intercepted » doctor who het statot bere bed been a delivery in the house, and [n+ector Duke said be had come to gee if is was ell rikht; one of tue women raid Mrs, Burdell was tick and could not be seen, wo tben clorely followed these women up s airs, an) en tered the upper second story ball; one of the women Jouked Into whe fropt ‘arge room and said, ‘There are two gentlemen who wish te come 10,” a voice sald from within, “Lock that door—ihoy must pot come !n—I tell you to jock that door!” fhe police came ap into the room and made arresia, Bir whilst they were casing up and Inspecto* Dulke had goue down to call thén’ Conningbam was asked by depo nent “Do you claim this obiid as the child of Harvey Berdel?” sud ebe ead“ Of course, whore elite shoud it bet”? Deponent further @ggs, when the oillcers were 1} visire be beard her ray “Jon's take away my dear baby from me.” Dejenent further saya that he de manded in the presence of the oflicers to sve the uni ilies! cord, Mrs. Conripgham and the nuree 0n)-cet After some persuasion they comented. Deponen' theo removed ihe bandage and saw tho piece of pocket haud- kercbief ¢n the cord, which was placed there tm 190 Elm street; but the marke were not a yet visible, and woult pot be seen on the following day. Deponent then pro- cecded tn a carriage, in company with the Distries At or- ney, to Bellevue Howpital, taking the eaid infeot with them, and abou! balf past ope o’ckck om Tuesday morn- ‘wg restored i (o ibe mother, who !s named Eizaveth Anderson, and is pow ® patient in tho lying-in ward of Bellevue Hoepitel. We then went into the room and apologized 10 = lady in bed, whom depevent was informed and believes to be Mrs. Cunningbam, otherwire called Burdell, aud she eald, ‘Why do you disturb me—I am very sick?’ Depment looked aboot the roc an and eaw no one in there but the two wo- men and Mrs Ccontagham in bed, with an infant lying by ber side asleep. Deponent went close to the bed and ex amined the infant, aod saw it was the same child be bad that afternoon brought from Bellevue Hospital to No. 100 Elm atroet as afvresaid ; ope of the women said, “I am the purse,” and {ben took up the cbild and passed it to the other side of tae bed, and with it in her arms set down. Doponent then seid, “bring the ebild to the light, in order that wo may neo it.” The nurse objeckd. Mre Cunsisgham then pat out ber hands on ihe child, and sald, ‘No! nol’? Dapo nent then eaid, “I am « physiciancome in by request of the autbort !es, or wor de to that effect, and then examined the enild by the light, and saw by the face again it was the same ohild deponent had brought from [elle vue hospital. Shortly afterwards, others of the police came op imo the room and mado ar rests, But while thoy were coming ap, and Inspector Dike Dad been down to call th Mre. Cunning. Dam was arhod by deponent, * Do you claim thie child as the cbil4 of Harvey Bardell ?’’ and sbe raid, “OF course —whose cleo should it be?’ Deponent further says, when tho officers were up siairs be heard ber say,‘ Doa’t take my dear baby from mo” Deponest further states be demanded, in presence of the officers, to see the umbi- teal cord; Mrs, Conoingbam and nurre objected; afer tome pertussion they consented Peponr nt then removed the Landage, and raw the ploce of pocketbandkercbief on the cord which was placed there in No. 190 Kim atrest, bot tho marks were not as yet visible, and would not be ontil the following day. Deponent thea proceeded in a carriage ip comy any with the District Auorney to Bolievue Hospital, taking tbe enid infant, and about balf past one o'clock on Tuceday morning restored it to the mothor, who is pemed Biizabeth Anderron. and is now @ patient in the lying in ward of Boliovue Hospital. ] ‘THATIMONY OF INBPROTOR DILKS. Goo. W. Dilke, Captain of the Fif eenth precinct, being duly sworn, eays (hat at about half past twelve o'c'ock oo tho night of tho Sd of Angust, 1857, be In company with Dr. De La Montagne, went to the house No. 31 Bond street end rang the door bell, when Ano 8 urns came to the door andarked what wae wanted, and being answered by Do La Montagne that they wished to see Mrs. Cinningham, sho replied tbat the could not be seen, as ehe was vory sick; and on insisting \o geo ber, aad on passing through the ball, met atthe foo of the staira the woman calling bereelf Jane Bell, who also said Mra Cunningham oould not be seen a8 abo was very stok, and botag infor mod that it was important be ehould seo her, ssid, “you can’t seo her untl Taek her,” and ehe proceeded ap stalra, depo nent with the doctor following her up, when Mrs. Can- pingham (old her to look the oor, and not let any one in; ‘bot on entering the room, found Mre Cunningnem lying in bed, having apparently & new born iniant lying in bed beeide her, when she arked what was wanted, and was informed by deponent that he bad heard a birth had takea place thero, and that he came to inquire the partic ulare abool It, She said “yee, there had, and there was the child” pointing 10 the child lying beeide hor; I arked hor if it was ber child, when she replied, ‘It ie my law ful, legitimate child’ I asked her when the child was Dorn; the raid it was born about 12 o'clock that night, and on her being m#ked who waa present at the birth she cald Dr. Catlin and Dr. Ubi, and if I would inquire of Dr. Vat he would give mo all the information about it, or, if I would wait, Dr. Catlin, who had gone te the drug store, wonld soon reterm; I wished Dr. De La Montagne to look at the child, when Mrs, Cunningham, and the nurse, Jane Bell, both refused, when deponent went down to ihe door, ‘an if in thenct of leaving, with Ann Barns, avd admitted Captains Speight and Hopkins, officers Smh, Wileon and Walsh, and Dr, Gilchrist, and all then proceeded to the room of Mra. Cunningham, whea she wae informed that she was ander arrest; ar after rome (li Menlty the ohild war obiained, which was then examined by Dr De La Mon tagne, who took charge of the said child, and coaveye: It away, depenent, in company with some of the officers provent, on making & search, found in the closet of the back room, on the second floor, a tin pail, containing about two or three quarte of biocd, infant's clothing, of common material, on which there wor aome bioo' stains ‘and tome othor garments an: pieces of linen, which were fino tained with blocd; and on prooseding to the kiteben, in © wash tub were fourd ® bianket, sheets and clothes covered with blood, and the water In the tub boing alao of & red color, of @ very deep tint; deponent further adds, that he took oharge of the pail containing blood and the Clothing marked with blood, and received from Dr. De La Montagne the after-birth, and that they are now in his potreasion, at the station house; and further dopenent ‘saith not TESTIMONY OF INAPROTOR SrRTaT, F.C. Speight, Inspector of the Twenty first precinct po- Noe, being duly # Worn, says:—On the nigh of the 34 of Au- gust, while on duty in Band strest, besaw a woman clovely vetled ond baying ® black silk skirt and a grey mixod dustor come from the promises No. 31 Bond street, and proceeded ap Bond street to the corner of the Bowery and wait a fow minutes for a car and get into one, when deponent alo go! on the same oar, and while con ‘versing with the conductor, —— Carrot, who came to the Point of thecar where deponent was standing, and sail to deponent, There is Mrs, Cunningbam who haa just come ®,"* and On deponest’s responding, ‘1 quem not,” he agein ald, “ Yor, Wt le, and the ie diegnieed,”’ and pro. PRICE TWO CENTS. cveded with her down t the corner of Broome aad Osa- atreeis, whero taid person got out, ag also deponent, whi Proceeded down Broome street e short distance, jatted E'm street on the wert site, and disappeared in & house; deponent then proceeded to the house in Bond fireet, and after walling afow minuto» saw the same person, having on the samo dress, who had previously lef the hovre, return with a basbot or bundie, and go down the »rea toto the premises No. 81 Bond street Neponent fur- thera‘ds that toon afterwards be sa” com'ng from the boure Dr, Catelin, as depenentrubs«equently was informed, and who was arrested. Depenent further says that at ihe tprtance of Captain Dilke he wens into the houre, No. 41 Bond street, and into the front room on the second floor, snd there saw Mra. Quonirgnham lying in bed, and the puree, Jane Bell, sitting on the side of the bed witha objid in ber arma, and a woman said to be Mra. Cunning) bam’s aleter standing by the be‘side, who states her name to be Anne Burns, At this time there were also p erent Dr De la Montugno; spt. Dilks, Siewart J, anita, Wm B Wabh, Wm. Wilson, Dr, Gilchrist aad Osprain Hopkina And on Mra, Ounvirgham’s belug iuformod that she was under arrest she raid, “You have no lege right to come in he and while tbe child wee ip possersion ef the nurse Mrs. Cusningham was asked by reverai: {the perrops present if the obild was pers, whin sbe replied that the chitd way bers, and ber legiomate ebild, Deponent farther adds that om rearching she closet in the pack room they f uate un pai nearly full of bi20d, and the clothes, as dezouent be- leven, that the chi!a hat on originally when brought to the house, and also some garment with blood on them, aod further says not. TEATIMONY OF CATHAAINE WILT Catharine Wilt being dvly ® -orn, was examined an fol- lows:—I reside at No 43 S.cond svenu sad am the wife of George A. Wilt. Deponent firthor ava that ene bas * been acquainted with Mra Emma 4 ©. eniagham, other- wie Emma A Burdell, some twenty two years, and during tbe time tince the death of vr. Birdeil has doen om iatimate and visiting terme with her, and eince ber acqutt, ‘al bas been in the babit of sering ber almort every day, tho visiting depoment and deponent visiting her. Depo- cout further rays that oo almost every occasion when Mra. C, spoke of bor situation she salt that rhe was encienic by Dr Burdell; that he was the father of ber obiid, of which sho was pregnant, and was in the babit of alluding to the matter in therame or similar language, acd alo rtated tbat che expected to be conined some time in the month «f Avgust Depomept further says that she visited Ure. Cunvingbam at her house on Monday, the 3d inat., about 646 o'clock In the afternoon. Q. Pid you find her up yesterday afterncon when you wea ttberel A, No,ebe was in bed, Q. Was there any cne (bere then? A Yes, Miss Van Ness; Mrs. Cunningbam’s nepbew told me that she was very tick; the sent a lever by bim, saying that she wanted fo see me. Q Daring the time you were there did she remain ia bed? A. She did. Q. Did ive you to understand that sho was in lsbor? A. Bbe did; she bad all the symptoms of & woman ia labor Q. When you lef tbere did you nutify your husband? A. I did; I. gave bim the card for Dr. Catiin, of Brooklyn. Q. How long did you remain there? A. Adout five minutes; seeing ber situation I did not remain there any longer tban I coul¢ belp. Q. Did you send for Dr. Catlin at the roquest of Mrs, Curpingham? A. I sent for bim at the request of Mrs. Bardell. Q Where does be reside? A. 1 think 65 or 67 Court street, Brooklyn. Q. How long ago was it she seat for the clothing? A, About two week's ago. Q What did it consist off A. Some night clothes and Diapkets. ‘Q. Who took the clothes to her? A My busband. Q Whendid your husband get bome last night? A. Bo, tween 9 and 10 o'clock. Q Wha} did your bosbaad say about Dr. Oatlin? A. He said he saw him and (hat be would be ever in about 10 or 15 minutes; be did not come along with my busband. Q Did avy farther conversation accur between you and your husband i relation to thie affair? A. | told him be had better go around and see what he could do for Mra Cunningham g be went there and did not retarn until near 12 o'clock ; he said he had been ssnt for a preseription by Dr. Ub) or Dr. Catlin; I cannot remember which Q What did be ray when he returned? A. Ho said he ‘wanted my sister, and upon seeing ber he said be bad mee ‘Mrs. Barnes. Q. Did be report progress? A. He did; he gave me te understand that she had been relieved of ner troubles, and was doing comfortably. @ Did Mra Cunningham ever give you to anderstand tba} the chi'd rhe was then pregnant with was that of Dr. Burdell’s? A. She did, and I always believed that it wae, ‘and will do #0 wntil I can be otherwise coavinsed. Q Did any one accompany your busbanc? A. Yeu, my sister did, after be had got the prescription, aud wid me thai Mre. Connipgbam bad been relieved of her troubles; my sister accompanied my busband at the request of Mra. Cunnitgham to the bouse in Bond street, where ihey ro~ ma!ned until morning. Q What is your sistor’s namo? A Mra. Jano Boil. Q Did you leave Mise Van Noas there, when you mw her at Mrs. Conninghsm’s? A, I did not TEATIMONY OF GHORGR A. WILT. George A. Wilt was the next witness pat upon the stand, On hetng aworn, he was examined as follows: — Q. Where do you reside? A, At 43 Second avenue. Q What busirest are you eogaged tn? A. None of present, I was formerty a butcher @ How long have you koown Mre Conningbum? A. About ten years; I have been on visiting terms with her for the Inst three or four years, Q. Has Mrs. Burcell ever spoken to you about her sitas- tion? A. She told me on one occasion that se wae enceinis. @ When was that? A. About two months ago, as near ae ican recollect. Q. Where was this? A. At ber house, Q Did she say whore child it wae? A. She did not; sho never said that Dr. Barde!ll was the father of the chit. Q. How come she to send for you? A I don’t know, except #he is an acquaintance of ours. Q. Did she send for you yesterday? A. She did. Q. At what time? A. About 4 or 4}¢ o'clock. Q Who did ene send? a Mrs, Wilt, Q What did she way to your wife? A. She said eho wanted me to go for Dr. Catlin; she had hie name down 0D a piece of paper. Q What time did you get back? A. About Thy or 8 Ohi you go back to Bond street or did you go home? A. L wont up to Third avenve when | came back, I then wont to Bond street and raw tha) Catia wee there, A. Did you eee Dr. Catlin? A. I did. Q What was doce when you came there? A When 7 carre there about 8 o'clock in the evening I saw Dr, Cas- line, | entered the room oosupled by Mre. Cunningham om ibe second door, froet room. Q Was Mrs. Conningham in bed? A. She was, @ What did she say? A, Sho said that she wae very nick Q. How did she say she was aifected? A. She said sho had severe pains, @ Did she way anything else to you at the time? No, the did not, except that she asked me to go to Twentieth street for Dr. Uhl. Q. Did you go there? A. I did, and lof « menage for bim, asking him to come down to Bood st eet, Q Td you return to Rond street? A. I did, Q Did you see Mra. Cunningham on your retars? A, No, I did not; I enw Dr. Oatiin, and told him what I had done. Q. What trarspired then? A. I went down stairs to the parlors and set in an arin chair, while efiting there I heard & groan, aa if from Mrs. Cunningham; | thes fell asleep, and did not wake until near 11 o'clock. Q. Did you go up stairs then? A. No, I wae awakened by the door bell, which was rag by Dr. Ubl; I opened the door for him, when he sald that ho bad beem out of wo bd you go up state with De Whit A. No, T did nots I returned to the parlor; afer being in the parlor eome tem or fifteen minutes Mra. Barnes came down stairs with» preveriy'ion from the dgetor, and asked me to go to the drag store with it. @. Did you go for the medicine? A. T did. Q Where? A. To tho corver of Fourth strest and the Bowery. Q Did you return with !t to the Ronse No. 31 Bond stroot? A. 1 did. Q What then occurred? A. I gave the medicine to Mra [CONTNUED ON B1GRTH PAGB.)