The New York Herald Newspaper, August 6, 1857, Page 1

WHOLE NO. 7644. © THE BURDELL HEIR. THE INVESTIGATION BEFORE JUSTICE DAVISON, FCOND pay ° PROCEEDINGS. Helen and perrnenercl Cunningham on the ones WE PECULIAR vesrIMONY OF AUGUSTA, His Affidavit that Mrs. Ceitiehan did not Give Birth to a Child. Probable Punishment of firs. Cunningham, &., &o., & B having been annouced that the examination at the Jeforson Market Police Court would be resumed at 9 @elook yesterday morning, there was a large avendance at thas hour; but the magistrate and clerk did not appear until weme time afterwards, and the examinatien did not com tmeence until after 10 o'clock. During ibe morning District aito-ney Hall made hie appearance at the Police Court nd bad a conference with Justice Davison in reference to the care. The llowing conversation occurred in pre- esace of the reporters:— Jasiioe Davivon— Mr. Hall, did you see that communi gation in the Aznaxp this méfning, signed ‘Lex,’ deay ing fet under the statute quoted Mrs, Cunningham could be belo amenable for apy oulence? Mr. Hal)—I did not read the newspapers this morning, vat the rame difilculty presented iteelf to me, and you re- member we had some conversadon respecting it; but wall | believe that we cap convict ber, under that provision; yet. should we fail, there {s still another pro. riaton to the Revised Statutes under which she can be con- vtoted, ip my mind, without any doubt whatever. Mr. Hal then regd the following:— to omit offence greniofed by fon und ech mnt, el do any ect wrward the commizs! n of such «ffence, but snail fail in the petrauon thereof, or shell be prevented or eae ereof shill, in ‘he punish executing the same, upon conviction th: tases where no provision is mee in law mes & eee y be penigned as Pollo geecnd—It ‘hauthacoonsiemates be ashlee by prison ment in @ Bate prison forfour yeareor moro, or onment in a connty jail. the person thay eed by imprie ouch otomyt shall be punisbed by | aprieonment ia prison or ip 8 county bet exceeding one ‘® conviction fnevbed Stoves, pert 4, chayter 1, title 7, eection 3 Under thir clanse, continued Mr. Hall, we can send ber ¥ the Piste prison for five years. The law \s exceedingly severe against attempts. You will remember the oft (qeoted case of Bosh, who gave a match wo an incendi- wy who fired a building; and akbongn this party notified Yeo magistrate, he was himself convicted of an attempt at ‘treon, and the higher courts reaffirmed the decision. I do sot see that fn any cage Mrs. Cunningham cap escape. Here ibe convereation drepped. VHE INVESTIGATION BEFORE JUSTICE DAVISON. ‘The eramins‘ion was for 10 4 ., but it was nearer Nl eden it ccmmenced, Sabponas had been isrued in the earler part of the morning for Professors Barker and De Wass, who were ordered to make a professional oxamina- toe «f tbe person of Mrs Cunningham Miss Helen Oun- Ategham came {nlc court at @ quarter to 11, and waseworn and examined by the clerk, Mr Murray. She was dressed toe drown barege travelling dress, and wore her voll aptil the commennement o! the examination. She did not wom renee ee mother's aco ochement as a panto- mine at alt Dheoen TROTIMONY OP MIRE BELEN CUNNINGHAM. Q D> you reside at 81 Bond stroet? A. Yes, air. Q Are you ‘he daughter of Mre. Emma Auguste Bur- toll, otherwise Cunningham? A Yes, sir. Q You hare deen ving at the house there since? A. Tos, str @ Is your sister Augusta in the city? A. She is in the amy, but rot at beme. @ Was abe home on Mondey last or Monday evening? A. Sbo was not home ou Monday evening; ane lef the boure om Monday afternoon; I think it was afer four wolock. Q Hw ehe been back to the house since? A. No, sir the he not been Q Where is sbe vow? A. Saying in Lexington avenae, detween Teenty fif hb aad Twenty sixth streets; I do not knew the number Q@ Wh whom? wether. Q Have you seen your mother since Monday lant? A Tos; my mo'her ordered a carriage on Monday afternson, which was to be at the house in Bond street at 3 o’olock the war going with Auguste to Mr Ladd’s, at 63 Water meet; be doot business for ber; mother had not bern woli for the past week, and as sho was at dinper she war taken with ciolent pains, and T ran up stairs «04 got her some brandy and peppermint, which she lock with her dinner; afer she took it she said cho felt mich better, and went ap stairs to presare then waited omar te A. Mre Simons, & sister of my Mr Ladd in bb office, ad ‘hen my sister being pastor she had to go fr @ pair of rhoos to Grand #treat; (he man's same bs Botchs*, I think, but {do not know the number, Augusta sai she would take the carriage and goto the sboemaker’s, ind then ride ap to my aunt's: *be arked norber ifehe night remain over night; mother sald abe bad better not ar abo (Agusta) bad not beea w Aa foots sald that Dr, Smith told her that change of air would Senefit her, ant mother then sald that she mht go, ant JS ede found |t pleasant abo might stay; #ho also told ag goets thet if he (Avgurta) were taken sick she shonl+ seod for ner md she would go to ber, Angusta ‘hen wen! town, got int the carriage and drove of. Q Did you emain with your mother that aftern-oa? A | stayed at base; 1 oid not remain wi bh her a!i tbe time; | wae throngh the house and tn and out of the room Q Til wba time? A. I was there till Dr, Ub! came. Q After Aqosta lef, how toon was your mother rick? 4 She bad teen complaining; the thought i war bilious somprawel afi7 ea! Ag cusumber it wae about an Bour or an wour and 0 bd’ afer that she went to bed. Q Were yo in the room whetl your mother went to ped? A lem Mre Barnes was; 1 bad gone down naire Mre Arner the only person with mother at the ame; eben Iname op I went two the room Q About thw nog were you aber? A When I lef ‘he room méher bed bor skirt and her barquo off, I weot down wd spoke to" my younger sister, who was wontrg. brogbt wp some clothes 2 What net of clother? A. Towels and— Q@ Any Inant’s clothes? A. Yes, sir; T entered the yack room aid loft the towels ip & closet between ibe two ‘come, 1 wol rome Gannel from the drawer and pur it och @ pacin of hot water, and told Mrs. Barnes that there @ the farnd «hen she wanted t; she tore ft ana pute o” my mothes I was there when she applied the flaane! © mother @ Aboot wat itme of day wan that? A. I think abeo 4 o’oloek; 1 am pot certain of the time. Q Had yor mother apoten to you abvut her confine nent before’ A. No, sir, she had not, not that | remem der Q. Did rhe ever aay to you what time she expected to be swntined ? A. No, str, O. Did ye know that aho was to be confined? A. No, sir; ther perenne had spoken to me, and asked mo If ehe was coing 0 beconfined. [Am aprear was bere heard from the outs! le—shooting sed obeoring and inoghing. It waa caused by « man Q Did pur m ather ever allude to this expected birth in your presmer? A T do not remember that slie did; T deard her complain of being sok @ Bot fom hor appearaso you tok it fora matter of gouree, did you not? A. You, sir, @ Did pm ald ber in preparing infant’s clothes for the covasion? A No, tir; she keps them in a chest in the sto; I wert into tbe ith about two wopke ago and got be, for aterm | nome infant's clothing from a bag in a chest,and brought them down to my mother. Q Did abe not at that time almde to the expected con finement? A Well, she told me to go up and ge: these bab, clothes and put them in a bundie and place them in the drawers between the rome Q Did yoa aid her in altering or preparing somo of these cloches? A. No, air, I had notbing to do with tocm, Q What time did you leave your mother’s room? A. I fat outeide, and went down to the door w see who camo; Defore dark Mr Nims came the door to ask when it would de agreeable for him and his wife to spend tho evening ; this was sbout dusk; he stepped into the ball and I asked bim into the parlor; I weat ap ard saw mamma; sho toid me to tel) Mr. Nims that abe was not very well; that ste had @ dilious cholic, and that be mig ht call on Thursday evening. Q Who else was there? A After that 1 went into the front :oem and fanne? mother, while Mrs. Barnes wont down stairs to get some tea. Q Did epybdody else come? A. I do not know whethar the next was Dr Uh! or Dr. Smith. Q. Did not Mre, Wiltcome? A. Oh, yes, I forgot that: tbe came up early in the afternoon, but ebe bad to go ou! of town apd could not stay; she went op and saw mother +ho did not remain tp the room over ten miuutes, Q. Were you in the room while she wae there? A. I was, but no’ al) the time; I met ner coming down stairs, snd asked her whether she would net stay; she said sho could not, as ahe was going out of town, to Shrewsbury, | think. Q. Bave you been in the habit of viriting your mother since her sickness? A. Yes, sir, about four o'clock on Tuesday my mother seat for me, and told me that Mre. Bell, the nurse, was arrested anc taken away, and that the house was in the porsession of ofticers; I had been siopped on she third story, but the officers would not let me beck, snd i bed to stay wilb my motner; I have been generally in attendance on mo her «lnoe. Q. What ts ber apparent ceadition at this time? ‘apy ears to be very ill, indeed. Q. Does she appear to suffer mush pain? A. Yes, air, ‘& great deal of pain. Q Has she said anytbing to you al) this time about the matter? A. No, sir; I asked mother about the baby, aud she said she was not well enough to talk to me; Un Barnes said I musi not talk to her, as sbe wae not in a dition to be talked to; she said they had taken the baby awsy; before { came down Mrs Barnestold me | must 5¢ very quiet, and not ask moth sr any questiont, as sho was Bot well enough to talk % me. Q Did ebe say anything else in that connection? A. No, str; 1 was crying, and Mrs. Barves told me I must aot cry; this conver ation took place at the time I was waked up. Q. Have you seen Mrs. Barnea since? A. Yeo, sir; taey took her away at first, »ut she and Jane Beil came back yesterday evening, I vas in ationdance on mother yeat zr. day tll they returned; { was the only person in atten- danoe, except Jr. Smith, who visited her; I asked my younger sister to help me, but she did not like it. Q Whas bas your mother said to you during that time tp relation to this mater? A She hen no said any thing to me, and J asked ber no questions; she is not able to speak above a whisper. Q Did Dr Smith visit her last evening? A. Yos, bo was there four or five times during the day, @ Did be prescribe for her? 4, Yes, sir; he gave her some medicine in a rambler. Q What time did you leave vour mother en Monday evening? A Afr Mr. Nims went away « Mr, Smith came in reference to some furniture; I was in attendance on mo- ther when Dr, Uh) came; [told mother when Dr. Uhl came; sbe told me to briog him up; coming up the stairs I said to the Doctor that mother had the Dilious calic; I did Bot let Dr. Catlin in; I met him on the stairs after Dr. Uni was there tbe first time; he went into mother’s room; I seked Dr. Ubi if mother was dangerously {l!; be said “Ob, po; ite only the colic, and you bad better go to bed;”” Dr Catlin went into mother’s room, and after be had beea there a little while be ‘ame into the bask room where | was; I asked bim if mother was dangerously ill, and he said \t was nothing but the cramp or oolic, and for me no! to walt. Q Did be say anything more tn reference to thai? A. No, sir, Q Did he have anything with btm when he came to the house, A No, sir; afer that Mrs, Barnes called him into the room, and I went after him; motber appeared to be in ® great deal of pain, and I went up to her and asked her if there was anything I could do for her. Q How long did you remain there then? A. She said tome, “No, daughler, I will be better soon;”” I then asked Dr, Catlin if he would stay all night; he said 4 will see whether I wil) or not;’’ ho did not give meade ciaed answer; I then lef tho room end went down airs to the bitehen; I called my sister, Georgina, and leadella Barnes (Mrs, Barnes’ danghter) to come down ith me; they came down, and we got some iw, lee water, preserves, cakes end cheese, and brought them up stairs; I set thom on the contre table ‘a the back room; Mrs, Barses’ son James came and carried up something in bis hand—I think a pitcher ; I thea arked my sister and [sadelia Barnes to come in and see mother; sister said no, she would nw like to see mother suffer ; Georgina is very delicate, suf fering under heart dircare ; I then went (nto mother's reom and told mother | was golng to bed, and thet if she was apy worse she might call me and I would come down. Q Dr Catlin was then standing by the bed? A Yon, sir Q You then left and wont to bed? A. Yeu, clr, 1 woat up stairs, undressed myself and went to bed. Q About what time was tha? A. Iam not pouittye; I (hip {i was aboot 9 o’clork. Q Had your mother at any time before you retired been abvent from ber room? A No, rir, sho had not, Q Cond \ have been later the 9 o'slock when you went to bed? A. It might have been 10 o'clock, Dut I fo pot know. Q Had you no time piece in the house? A Yos; there was a clock in the back rovm, but the gas was not iit there, the pas was burning in mother’s room Q You were not ap when Mrs. Beli came? A. No, air. @ Did you see Mr Wilt in the course of the evening? A leew bim im the afternoon aa it was he who ordeot the carriage, but Ido not remember whether I saw him ‘on the even g. Q Tb be i the babit of coming t the horse often? A. Yor; be is there every day as a genre! thing. Q Is he in the babi: of doing er anda for your mother? A. Yer, wir; if sho wants « carriage she orders it. Q Did you see bim bring a tin pail to the house a day or two pai? A No, ¢ir. (did not Q Or any ovher pervon? A. No, #ir. Q Seve you stated all thet you know In relation to this matier? A Ithink Ihave; [do not rememoer anything nine, | have stated all | know except after the yifloers came to the houre, the way they acto? and wha) they did. Q Have you seen your mother this morning? A. Yes, wir. Q. How |e abe this morning? A. Very ill, indeed. Q. Dore ane appear to be soffering paint A. Yes, str, and she Is very faint. @ Any physician there this morning? A You, air, Dr. Smith bad been there thi morniag; ho #as sent for ‘again, 98 it wae feared that mother was going to have #parme; but he was not in Q Has your mother ral anything to you this morning in relation to her copdition? A No, sir; any more thao that she said she thought she would aever get over It The deposition of Miss Helen Cunningham was read over to ber by the clert, aod duly signet and askno rledged by ber. Hor band trembled much as #he alflsed hor renature TRATIMONY OF JAWES CARROLL, THE CONDUCTOR WHO RROOPNIZAD Mas. CUNNINGHAM. James Carroll sworn—I am a conductor of the Kourth SreNW6 railroad, and rowide at 148 Mast Cwoaty sixth atrovt; [wae noting iy my capa ity ae condnotor on Monday even- ing lart, Sd inet; ae T was passing Bond street, in the Bowery, about nine o’slock, the car stoyped for the pur pore Of revelving @ person, and a lady stepped on the car * muffled and disguised appearance atiracted my at ‘ention | #04 from the faot of the locality, together with the dinguine, T at Once recelved the improssion that it was Mrs, Ouppingbam; and while looking through the oar I noticed another person on the front platform, and on going through 1 take that person's fare { reongnized him a Captain Speight, of the Twonty firet ward, took him by the arm and w kod him “Te not that Men, Cunning bam?’ he replied by pressing my hand, and saying, © pot a word,’ T returaed through the oar, and on my way tok the laty@ fare; my coriosity be'ng somewhat excited Tendesvored t ree her feos, but from the man. ner {n which abe wee enveloned in a vell I conid not do #0; after passing along ® few blocks the captain came through A. Sbo to the rear plaifors rm, and, after «litle conversation, miked me the time of night; I took out my watch, andi) was joat five minut’s past nine; nothing transpired theu uvtil we reached the corner ef Centre and Beovmns streets, when I felt vome one a my back like ® er on behind me; on turning round I found (he lay +tanding tn the doorway, im the act of getting of, a» I inought, without stop ping the car; I wk ber by the arm and palled the beil, saying at the rame time, ‘ Madame, you must not get off until ihe car stope;”’ the car stepped immediately, ‘and she got off; she never tarned her head until she reach- ed the sidewa'r; she then turned her head and aonarently serutivized us beth, and passed on towards Eim street; the Captain re imained on the platform until af er we turned in 0 Contre *ireot. THE MBDIOAL EXAMINATION OF MRS. CUNNING TAM. ‘The Dix rict Atorney here + ntered the room and inter rupted tre exemtration for @ moment for the purpose o informing the Clerk (hat hy had jost despatched Profossor Parker, of the New York Medical College, 2 company with officer Wairh, to Mrs, Cunniogbam’s honge, No. 31 Bond street, with directions for ibe Doctor to make a medt cal examinaiton of the person of Mrs. Cupniagham, for evidences, if any such extit, ef recent ohildbirth, and to make a written re ort of the examination to the Justice, to be emboried in the proceedings before him. Mr. Hail intimated ‘bat Mra. Cunningham would most probably re- fuse to submit toan examination, being sonvineed that she had pot given birth fo a child; ant ho thought that it was as well that she should refuse, as then the onus of proof ‘would fall op her. WR. CABROLM’S TRETIMONY BRSUMED, Mr. Carrell’s examination was resumed—Capt Speight, afer he left the oar proceeded on towards Elm street, as Taupposed with the intention of f:llowing the lady, APPEARANCE OF MISS AUGUSTA CUNNINGHAM IN covar. At this juncture Mies Augusta Cunningham entered the Toom, accompanied by an officer, and after 8 few moments private conversation with Mr Murray, she sat down in @ corner of the room, and covering her face with her hands, wept bitterly, After ® brief period ehe left the reom, buy soon returned, and it being then one o'clock, Mr, Murray arnovnsed thet be would take a rcoess until three o'clock, when Mics Angusta Cunningham would be oxamined Mise Cunningham remained during the intorval in the Inetice’s room, and seemed overwhelmed with malsery. To the few words of sympathy addressed to her she wan unable to reply, Her sobs choeked her utterance. it wav pitiable indeed to witnesn the intensity of ber suffering. MIS8 M. AUGTSTA CUNNINGHAM ON THB FTAND, Mise M. Avgnete Ounningham, daughter of Mrs, Cun- ningtam, was then viaced upon the stant, Upon being duly sworn she war examined an follows: — Q Where do you live? A. Na 3{ Bond street. Q. Yon aro the daughter of Mra. Quon! ogham alias Bur- dell? A. You. Q Were you athome on Mohday lwt? A. the afternoon. Q. What time were you thore? A. Until after three o'einck, Q Was it afer 4 o'cloxk? A. I shoul! think it was, etthough I cannot pay positively. Q. Did you go away alone? A. Td!d. Q. Did you go away in scarriage? & Yes. Q@ Were you in company with your mother cp to the ‘ime you lef? A Nearly all the time; she was going with me to take a ride. @ Have you seen your mother since that time? A. No, T Bave not, Q Did you take dinner with her op thet dey? A. Yes Q. What time did youdine? A 1 don’t recollect what time it was. @ Did your sister dine with you? A. Yeu, Ibelieve she ae, Q Did your mother complain of being unwell on that day? A. Yes. Q Did she say what wae the matter with her? A No, be did pot. Q Had she complained of being unwell for some time before? A. Sho wan vot very well a few days before, for the refared to go ont riding 12 ® carriage. Q. Had your mother any conve sation with you inre lation to her confimement? A Al two weeks ago be rprke to ma aboot ‘4 and sald wheal doctors she would hove to attend her. Q What doctors did she say? A. Sho mentioned doo- tors Ub! apd Catlia. Q Md she say whemaha expected to be confined? A No; the conversations I had were abont Dr. Ubi; I was not very well that dey, and tol her [ dil not wish to heer anything about it; if you wish I will tell you all the con. verre'ien T bad at that time, Q. What was the corversation? A I told her J thonght abe ovght to get onr family physician, Mr. Freeman. Q Did vou objent to Me Uni? A Tid. Q. Had you any conversation +ith her provious to that im respect to her onnfinement? A. No. Q Did whe sneak of tho matter to vou? A. She would sometimes apeak of her situation, when I told her J did not wish to hear of It, Q Flow often has she spoken of the matter ince her ao quittal?: A. T conld not say. Q Has she rpoken of it more than three time:? A I eaprot ray, Q Mid she over epeak Ww you of the child with which the was confined as that of Mr Anrdell? A. No, Q However painful 't may be to your feelings to ane wer il questions which are material in this case, yon will be careful to tell the teeth pot only for sour own sske, but for the ake of the enda of jratice? A. T wish to speak the troth: mv nervone system hee been #0 unstrong since the adatr ip Bood etree, hat | have heen compelled to keep to my bed every day, more or lowe; sinor ite aoenrrence; whenever my mother poke to me"about her situation I told ber I was in too frebie s state of health to vay atten ton (6 eoch matters, and teld her I did not care abont A. Tmended the bottom of am infant's drove; that {a all 1 have done tm the way of preparation Q. Were you in the babit of visiting Mre. Wilt with your mother? A. Never with my mother. Q. Did you vist her alone? A. I did when my mother would rand mo there on an errand. Q Hee Wre Whit been im the habit of visiting your mother often? A. Yea. Q Did yon ever hear her porek to Mre Wilt im relation to her spproaching confinement? A. Yeu Q Di you ever sleep with your mother? A Yer, scometimon. Q How often? A. I cond nat ray. Q Have yon been in the habit of sleeping with ber op to the time you went away? A. Yoo, off and on Q. Did you notice any difference in her anpearance when drossed and un¢rested? A. T conld not ray. Q fonld you notice any difference? A. Not partion. larly. Q. Mid phe never while sleeping with you allude to her approaching confinement ? A. No, sir Q On no coomrion? A. About two weeks ago abe spoke Of tt, an an Teald before, but not while sleeping with hor Q What did your mother ray at the time you ohjented to Pr hI? A. She anid she did not believe what Dr. Bar. dell bad eaid egainet bim. Q. Did whe give any other reason? A. She wait that she 414 not believe what Nr Burdell had told her. Q. No other rearon? A. No; all phe said T havo given you; nothing more naaved; 1 then told her ehe might are ber own dieerotion, and that I wonld bare nothing more to ray about it, Q. In there any Infant's clothing done np (n the house? A, Not that Tam aware of. Q Dw you know of any being sent out to be done up’ A. No; T was not down stairs from my room wntil sundays #0 that Tam onable to ray. Q Were yoo present at any interview betwoen your mother and Dr. Uh? A. No. Q. OF Dr. Catlin? A. T have beon in the room while he wan (hero, bot merely for «moment, I also parsed through the rrom when Dr. Ubl was there, Q How often bae De Catlin been in the habit of visiting your house within the last month? A. I could not say; sometimes be would come there and I would net hear of it uptil days afterwards; T could not say bow often. Q. Have you sinted all that you know tn relation to your mother's sitoation end condition? A. T have. Q Have you ever had any conversation with Mrs. Barnes reletive to your mother’s condition? A. No. Q Never spoke to her of the to you? A. No, MARY MURPRY'S RVIDRFOR. Mary Murphy, being doly #worn, depored as follows — Q. Where do you live? A. At 119 Righth street, Q Were you formerly Mm the employ of Mre. Canning- pam? A. i wee, Q Wow long i \t since you Ieft ber employment? A Ae far an I cen secoillect {| was on the 10th of November lest that I lef. her. Q Have you been in the habit of seeing her since? A. Yes, a few times Q@ When did you last see her? A. On Sunday afternoon. Q Where? A. At her aguse Q Did ehesendfor you? A. No. Q Had you any conversation with her? A. A few woros. Q What wan it? A. Sho asked me if I had heard thas the advenced Hannah Conlan some money to go into bus! ness with, or something of that kind, Q Did sbe epeak of her situation? A. No, but her dangbter did; an I was leaving the house { told Mire. Oun- nivgbaw that her daugbter Georgianna had 6) oken to 4 of her approaching o nfloement. Q. What dia Mrs, Cunningham say? 4. She sald, rte it was all right; the could net say exactly when, as all ladies would ray.” Q Was that all she said toyou? A Yon, that was all rhe asked me where my sister was, wh’n I told her she was living with mo; she asked me if she would not Itke to come and take care of the baby; she sald she was afraid some ono might Kill {t, and w.nted some dne who would be careful with it, Q How ofen did Mra Cunningham come to see you? A. Twice; while I was living in Woveter street ehs called opon me. Q When? A. I cannot say; it was afer tho trial. Q Was itas far back as Juve? A I cannot recollect ‘be exact time; it was about tix or seven weeks ago, Q Did she, when abe came to see you, speak of her ap proaching confinement? A. She did. Q Did she say whose child & was? A. No; shod 1 not say who was the father of the child; she merely said she was about being confined. Q Did she ray wnen abe expected tobe confined? A. She speko of the month, bat J cannot recollect what ono it was, Q. Cannot you remember what month she said—did she ray July or August? A. She spoke of the month, but I bave forgctien what one It was. Q. Tell allshe said to you at thattimo? A. Sho asked me if I could cook; 1 said J could, when she said she want ed me to some and Iive with her. Q. What did you say toher? A. Ieaid I did not wish to live in a nicer place than I was then Itving in Q. What elee did she say? A. She sald that Gelen would soon be going to school, and tbat she and Miss Augusta would go and live in a cottage, where the work would be light Q. This wan at the last converration? A. It was. Q. What took piace at the firat conversation? 4. She asked mo tosome and see her, and said sho was glad to see I was so truthful. Q. Did she speak of her condition or situation? A. No, it was the secend time sho spoke to me about it. Q. What occurred when the called to see you? A. Wo bad no conversation about ber t‘tuation at all. Q Did she look like a woman in the family way? A. 7 did not notice her particularly, AFFIDAVIT OF DR. CATLIN. ‘The following aMdavit, made by Dr. Samue! H. Catlin, Brook!yn phyalaian, who it was alleged had atsieted Mrs. Canningham in the fiotiious childbirth was then read — ‘Second Police Court, Oy and County of New Fork:= Samue) H. Catlin, beieg first duly affirmed by Justive Da ‘vison, deposes and says ‘n the fret person:—] am 83 years 014, and 9 resident of Brooktyn, in Court street, No, 223; I ama physician by profession; I am acquainted with tho accused, Mrs Emma Augusta Cunningham, calling hereeif Burdell; I bave been so for about six years; Ihave been for the years 1861, 1852 and 1868 very intimate with the family of Mrs, Cunningham, and was its medical attendant juring wat time; Mr. Cunningbam deceased about June, 1854, as near as Ican now recollect without referring to memoranda; the family soon after moved to New York, and I ceased to attend !t; I thereafier saw Mrs. Cunning- bam but three times before she was arrested for the mur der, or about tbat number of times; after she, Mre, Can mingham, was arres(ed, 1 saw her in the Tombe prison. 1 saw her there about @ dozen times on different occasions, Whilst in the prison she told me that che wan with child; T have a0 regollection of say post tive statement from her that ehe was with child by the late Barvey Burdel!; but that was my inference from ber con- versations; Iihen firmly believed the fact was as she stated 11; s00n afer her aequittal I notice! that ber aopear 2 ce corresponded to the fat of her statement, and there after I noticed that she increased in #!se pretty regularly some time tn tbe month of Juve I was formally requested to beseme her modical acooucher by herself, and { con sented; about this time, speaking of the child of which sho was pregnant, she sald Judge Dean told her that {fahe bad ‘a child it would be helr to the property, and she hoped it would live; I cannot state that! haves remembrance of her saying it wae the child of Dr. Harvey Burdell, or words to auch an effect; as to her date of pregnancy, sho stated to methat she supposed herself ty be #0 soon afer whe went up stairs to sleep in No 31 Bond street; she was bot more explicit as to this, but asl knew the locality of rooma in the house she neoded not to be moro particular; on Monday, the 31 of August, Mr, Wilt called at my office between 7 and 8 o'clock in the evening, ‘nd wald they wore sick at No 01 Bond atroot, and wanted me to come over; I made the acquaintance of Mr Wilt at 31 Bond a.reet; | won: over alone shortly afterwards to New York city, and arrived st 1 Bond street about half past pine o'clock ; Georgiana © went up staire into the fr the parlor; I entered the ro: Barner, and Mra. Cunningbam; Mrs. Conciogham was on tho bed, Mra Barnes was moving around; Mra Cunning Yam wes undresred and in bed was roffering a great deal of pa’ Texamived her wague end pulee, ad wan entisfied sho bad bat cholera morbas; I gave her an emotio; [did pot then ree any child; a fow minutes later ehe yomiied groen bile; I soon after ox snuiued ber person; her abdomen was io a nearly nataral state; J saw the wae not in any way with child, and had not bee; tbe fret Lyaw of the cnlid, law it brought ta by the sister, Mrr. Barnes; I mean a @ medica! fact trat she wae vot with obild; the oh Id was dressed when I saw it first; I caw the after birth, It was quile an od one: [ toek bloody sheete from under Mra Cuanineha they bad been wet with blovd from « pail of pivod brovgbt there by T know not whom; I board Mrs Cun ulpgham remark about the obild, that tt bad Surdell's noer, but her eyer end color; Mire. Bell was brought tate the rrom after tho child wae there ‘9 seo it; I taink she wuld it wae & very bright child; if Mre Ounninghem al legen tha! any chililthirth took place that might up te thet. ~ 1 Uft ond was arresied, @ not true; during the evening I gave ber about aa ounce of paregoric, and berore leaving | gave Ler a dose cf cale™mo! SAMUPL @ CATLIN. Affirmed to before me ibis Guh day of Augent, 1867, Wriuaw & Davisow, Polloe Justion On the margin of the affidavit was the following, writ on by Mr, Onkey Hall:— ‘This affi¢avit of Dr Carlin’'s te taken by me after he wae sworn by Justice Daviron, and he is by mv consent, on bis own proposition, ness for the State I have merely taken a statement of a few of the important teow tn a r’ntement be bas made me, and he bas carefully ro visod the aMdavit him cif? A. OAKEY HALL, District Attorney. Tho cane was then adjourned to ton oolock this morning APPEARANCE OF THE COURT YESTERDAY Justice Daviaten'® court, where the investigation Ia betog eld, te eitwated over Jefferson market, on Sixth avenue Proceeding OP & Common tiairway in the rear of that building, and turning to the le}, yon enter the court room it ls pot crowded, Althongh email, and the Cunningham aair seema to have gives way to personal disputation We are at ® lone to acoownt for this, and upon inquiry And (bere is am inner apartment where the examination of the witmentes regarding Mra Copningbam’s so it it being proceeded with. We soon find onr room about twelve by sixtean fost, furni ved with two table, some chairs, two sofas, a bookonee and locking glare. Siting around a table, with eyes bent. in teorly writing, are Ove or six reporters, the examioing clork, Mr. Murray, anda handsome, wet developed and ineiigent looking young woman, abovt 19 or 90 yeaw of age. Her head leans apon ber hand, and he im ks the ‘very picture of disappointed hopes Now and then she applies & White pocket handkarshiel to her checks, to wipe away the ead aed silent tears that trickle from eyes filled with grief She anewers the questions pat to her inn subdned tone, #0 much #0 tho reportems are frequently obliged to request » repetition, Sometimes she looks with quivering “{matines into the eyon of the examiner, as the importance of the question aliects er position. She was dressed pliinly, aud with becom- ing teste, wearing a brown veil, which she kept own all the time of ber oxaminatien To judge from her counte- parce, which appears pre:osseariag and full of the milk of human bindness, one would suppore she waa more the viotim of circumatsnces than the willing iastrament in tbe hands of so notorious a weman as her mother. She betrayed nosy mpiom of heri'ancy; her replies we © given freely and with precision, and she seemed to think more of say her own reputation than of trying to sbel'er from public condemnstion or nduct on the part of s mother which no filial attacbment, however despera’e under such circumstances, could think of ecreentog any further. Such was the potition of Augusta Cunningham yesterday, THE MEDICAL EXAMINATION OF MRS. OUNNINGH aM POSLPONED. ‘Tho medical examination of Mrs. Uunniognam, which it ‘was supposed would have come off yesterday, was post poned untii 10 o’slock this morning, at the request of the lady herself. At 12 o'clock yesterday Justice Davison, accompanied by Professor Parker and Or. Da Wieaa, vi- sited Mre. Cunningham at No 31 Bond street, and \nform- ed her of the intended ¢xaminstion, at the same time ask- ing her if she was willing to submit to the ordeal hire. Cunpipgbam stated that she wanted to cons.ilt ber counsel, Mr. Dean, in relation to the matter, and desired to it postponed until to day, when rhe would cive them a ce- finite answer in relation thereto Tho magistrate and physicians then tock their leaue of the accused.i MRS. CUNNINGHAM’S SHARE IN THE BUR- DELL ESPATE. It bas been stated that if the Surrogate should decide tho quettion of Mrs. Cunpingbam’s app!ication before him for letters of administration upon the estate of the late Dr. Harvey Burdell—which decision depends entirely upon the question of her marriage to the deceased—in her favor, that would receive, as widow, one thi-d of the estate of Burdell, But according to law she would receive more than that, viz: one-half of the cstate of the deceased, for when a person dies intestato, leaving a widow and no iesuo, tho widow ‘s entitled to one-half of the entire estate of the deceased. MRS, CUNNINGHAM’S COUNSEL. Judge Dean, who was placed in rather a ludicrous post tion by his points presented before the & rrogate on Tuce day, urging the Court to decide in Mrs, Cunainghem’s fe vor for the sake of establishing tho legitimacy of her cbild, claims to have been greatly surprised when he heard the true state of affairs, He says that be has acted entirely in good faith in the matter; that Mrs. Cunningbam tol! him ‘sho was encien’: some months ago, and that he never doubt ed the truth of ber statement the least until the late ex0- sition, has determined not to act as her counsel in the present case, though he will contin uch in the case before the Surrogate. He is now about leaving for Wash- ipgion to be absent for some time. Mr. Chaton just returned to the city on Monday lat, from Sharon Springs, Schobarie county, New York, where he has been rusticating for a little while. Be states that be understood from Mrs. Cuanving- bam, tome months ago, that she was cnctenic, but he bes Dever spaken one word on the subject on any occasion. In the morder trial aed im the case be fore ibe Surrogate he considered {t a matter entirely independent of those cases, and consequently made no Teferesce to it. It wae @ contingency which be thought it would be time enough to notice when ti really ca neto pass. He has seen Mrs. Cunningham very little during he last two or three months, and no at all daring the last month, Her legal causes did not require him to see her more during that time. Ho still implicitly beliaves that ahe was married to D+. Burdell. The statement in one of the papers of yesterday ,1n regard to.an artaogement hav ing been made with tim by Mrs Conninghem, to pay him hia counsel fee out of the estate, bo deolares to be entirely falee; he does not do tustness on tha! plan. Mr. Clinton does not consider himeelf Mrs. Ounn'ng- ham’s counsel in the prerent osse ; be will not, nador any considerations, ac as such; a\ aa regards the case before the Surrogate, having been committed to that, he #ill om ‘pve to 20! as cranes) for the aleimsns whee eneh acon ie required. if the statements which have apovered (o be papers in regard to the late criminal attempt of Mrs. Cupping bam prove to be correst, Mr. Clinton nays he wil! not act as counsel for lars. Cannivgbam in any cause or causes under ary inducement whatever. THE WATCH KEP UPON MR3. CUNNING- HaM. Tt bee been rurmised that the entire failure of Mra Copnirgham's schemes for (ne ponserrion of thr Bar dell property, the debts {p which phe hes beoome involved, and the ridicule and exporure to which her racent acts have subjected ber, might o far work cpon ber mind as to {nduco her to make an stempt upon her hfe But this she could net very well do. Captain Dilke bas wisely provided against the possibility of any each occurrence transpiring, and night and day since the ar rest: Moers have been conmantly stationed ip har bedroom to wateh her mow i. All meana by which any such attempt could be made on ber part have been placed oat of her cach; nor is there any rearon to believe from her conduct, which bas been relf powensed throughout, that the would do anything of the kind, She fe s woman of too poapy resoarces for that. It ie also generally enpposed thet Mrs, Canningham wili be compelled to mubr:it to the examination of the physt cian, but this le notso. Sbecan refare, if sho «ill, and there ie no law to compel her to sebmit ty an enforce! examination. He- refusal to do 80 would of course have \te own copatruction THE LAW IN THE CASE TO THR ADPOR OF Tum HeKALD. By the Revised *tatntes, volume 2, pago 4C0, neot!or No person doly anthoriced to “ prsction physic or fur gery shall 90 allowe | to olsnings any information whieh he may hare ary ired ip attending any pationt {n a pro ferion al charscre:, and sbich iforadon is necessary to epable him to prescsthe fur rock pa lept as @ phynicien, or to do any act for him asa surgeov.’”’ Now, if Mra Cunningham was not to a family way, +04 phe Intended a fravd, thin section caonot arply le tho care of Hewit egainet I'rince, 1 Wonde I's Reports, pege 19, the sonrt helt that a physictas conaaled by the defendant ar to the means of | roducing an abortion ie not | privileged frem testify Ing under the etatate Dr Chl ie therefore ms competent witness; bat are Nie triet Attorney Hall aed Mr Chi) stifed in soulog the wrap they dtd net? Would Mrs. Cunningyam have succse ted in yroduct « the ebild oot for the encouragement ant ald of ibe doctor ? Wr, Hall's main witnesses contatist each other, Mr Apeight rays the woman tovk toe basket amt went drwo the aren into ths premives No St Bond atrect; Dr Do la Montagpe eaye be sae ber enter pon the stoop of and beard the door *but of houre Nv 81 Bond street TO THE EDITOR OF THR ORHALD, Doce pet the qvesien whether Mra. Cunningham is te golly gail y of the crime with eb he ts new charged, depend wen the fact whether she was married to Dr Burdel? ‘The ftatote apow which the sonneation t* predicated wan vloently designed to prerect the righte of property more ly, for it epeske of au Intent t» inte reaps an taheritance, ko, and Le invent ie the corpus delet of every crime, wbetber ehe fale pretended (ht the child prod 10sd was her own OF bat of ano.ber pe son le immaterial with ro apect to the eff tom In order to make the of nee complete, according to this aot, there two {nets must at least concur, vin: Mret,« fraudulent production; second, @ false pretorce that the child Intendpd (0 be represented “would be omtitied”’ toe share of such inheritance, &o Now, the orime lateaded to be guarded ageinat is imporsivle as mater of law, un lens the pretended child of any parent was legitimate, which of course it cold mt be onlee borm in Inwfal w Jock, and it follows that onles# Dr Bardell and Mire, Can ningham were mariied, that no obtld of these pa-eate could be pr duced to Intercept the tmheritance of the col lateral relatives of Burdeil, and 00 legal offmes cvuld xe committed to thelr prejadioe, whatever might have boon her Intentions. a8 New Youn, Argnat 6, 1967, The Case of John Smith the Portuguese Sallor. TO THA EDITOR OF TOR HERALD. 1 bog leave to inform you that the report in your tseue of this day, with reference to & commutation of the sen tence of John Smith, ie incorrect, ne enoh atrioe having a yet been received vy Yours respectfal’ DE FIG@AANIRE MORAOQ, Waonmspay, Aug, 5, 1857, PRICE TWO CENTS. ARRIVAL OF THE PERSIA. THREE DAYS LATER FROM EUROPE. SUSPENSION OF BosTiLi ries 19 CHINA. War Vote of €900,000 in Eng- land. The Anti-Napoleon Conspiracy in France. MAZZINI IMPLICATED. NWO NEWS FROM INDIA. THE MEXICAN I[MBROGLIO. NEWS FROM AUSTRALIA, ADVANCE IN COTTON BRE -DSTUFTS LOWER, CONSOLS, 91 3-8 a 91 1-2, ae, ke. ae ‘The Ounard steamsbip Porria, Captain Jadiion, whim left Liverpool at balf past eleven o'rlock on the morning of Saturday, July 25, arrived at her dock at right o'clock yse- terday morning The /’orsia arrived off “andy Hort on 4h instant, at # P. M., left Sandy Hook at 6 A.M on Oth instant, aad reached ber dock at 8A. M On 3d Instant light breezes ant clonty: at 8 A.M, lat, 42.26, tong 42 66, passed steamer Vauderbit bens, and at 0.80 A. M., lat 4418, lomg 62 2!, pasned sveamer Avian~ tho, hence for Liverpool ‘The news is three days later than that brought by the Clyde to Queee. ‘The steam bip Ericson satied from Liverpoo! for York on Wednesday. the 22d Jaly ‘The steamers North Star an1 Jason srrived at South- ampton on ihe evening of Wednesday, the 224 ult Tho United States frigate Susquehanna, Captain Sande, arrived inthe Mer ey om Sundey, the 19th of July, and anchored near her covsort, the Niagara The steamer Edinburg arrived at Glasgow om the 204 ultimo After some t'me spent in taking counsel and del!herating among friends colleaguet, is seems to be aritied that three out of th dem: cratic deputies for Paris refuse (0 take (he oaths ‘0 the Impe ial government. There “Aree are General Cavaignac, M Goudchauz and M Oarnct. The tant is said to have hesitated « good dea!, the fret les so, Dut the secund declared from the beginnicg bie re sugeance to submit to such a condition. Tn the House of Commons on the 2th niimo, Mr V. ‘Smith, on behalf of the government, denied the truih of a repert *hich bad found \ts way into priat, that the agmy tm Gombay had also broken out into mutiny, aod stated that the latest official aavices frim India pointed to the vory reverse of this. The vote of balf a million sterling om acount of the Per- slap war, and four bupdred thousand pounds for the (hi- nese hovtilities, were agrend to During the debate on the Ja'ter question, Sr C. Wood stated that the arrival of the gunboats in ih» Lasien river would enarie the British Admtral to destroy the war fupks, and beyond that mo bortiities woul’ be entered ‘Upon until the arrive! of Lord Higin at Pecin and the re. sult of bis mission to the Emperer was amertainel After thet if any further bortitines tenk place, they would pro. bably be confined to Canton, ehinh was the wish of the Britieh covernment and seemed to be the wish of the peo- ple of China as well. Op the 21st of July, io the mm 2a8, Lord Joha Rassell renewed his motion for leave to brivg in a bill for the ad- mireion of Jews into Parliament, aad afer an animated de- Date the motion was agreed to by @ vote of 246 to 164, Oa the same evening, in the House of Lords, the subject Of Jewish disabilities was aliuded to by [ord Campbell, who gave it as his opinion thas tf the C mmoas acted inde pendently of the Lords to tba meter, by omitting from thetr form of oath the objectionable srntence, a resolution would be tae consequence. To the Lorde, on the 234 of Jnty, the Queen's anew-r to the address epon the subject of emicratina of free ne- g70ee from Western Africa was received it merely gives an aren anre of ar earnest desire to discourage all esbemes fer the emigration of nm groes tbat are calculated to pro- mote slavery. Ta the Commons Wr [abeuchere said It had boom deter- miped to seperate the disrict of Moreton Bay from the colony «f Now South Wales, aod fo-m |) into a new colony. The retigration of Baron Rthychild was announced, and anew writ was ordered for se election in ths city of Lopdon to fill bis place =A public meeting was held by ‘he eroto:s of London apen the subject, and « pledge waa given to aga'n return Rathscbiid ax ono of their represen tativos in Parliament, A resolution was also adopted call- ing op the governmrnt to use its enure inuence for tho line diate © Vement of the Jowinn queation On the 24th ult. the House of Lords debated a propast- Hon % erect @ me nurment t» Lord Raglan, but nothing de- Anite wae arrived at. In the Commons a tert vote upon the new ¢!rorce bill showed a majority of 87 tn Invor of the measure, According tobe ivert imp-earions Parliament wuld bot acjoura before the 201b of August At the dinner of the Royal Acrivultaral Syoiety of Pag. land, which bad been holding ta annus! rhow at Aalis- bury, Lord Por man \etrodaced as a quest, Mr French, the Vice President of the \gricvtural Society of the United Sta ee, Mr. French was warmly received and ad- dresse) the audience at nom: lene b. The /'atrée of July 17, afvor having examined the im oort end export trade of he Uaited Sires for the years 1556- ray The now tarlif of Imp orm fon hae oornnd a new ers for the trade Many hoves may how he devetved uw to the prevent year Ie fact, a erent «bare of the Ame: ican exoorte depen’* oon the crore of Knrops. When these crope are invwiticwnt the [nl World the! corn and thelr fl w ‘#em leyed to buy fancy gonae some yearr part, bot wiil rot oconr ible year whea tho crops are eo pleatifol It remrine, aotwithatand veen if the American trade will vor In otner roe ert a Dow aotivliy under the infuease of the red tari The rorpenrion of Henry Scheahbe & Oo, [iverpnel, We marovnced. Liabilities about £70000. A compromise of 68 80 io he pound is maid to hava bern offered, The American horres Prvor an¢ Prioress, which had been entered to rap for tbe (dootwood Oao, had attracted aitentirn in betti: g circies and were hacked mt the short ode Conriderab'o rioting, resulting from the bed feeling ra. fenderes by the L2th of July omteboation, had taten piace derween the Oargemen and Ribbepmen, at Bel ‘eat, fre. lend, aDd om o@F OF “ARI & Ferlous Colll¥ion with the milt- tary was the reaul), but withoot lom+ of Nie There wae & ramor of the appearance of the pate diight ip the provinos of Munster, Ireland, bat 't war not regarded a» very rerions, Tk was paid th t the endeavors to effect a reconciliation beiween Ausiria aod Russia ere not likely to prove ruccessful. Io Turkey seobtrm existed amongst the Commissioners om the matter of the Privcionlities Those of Ragland, Aurtria and Turkey formed the myjority The London Times padlishes parch from Paris, dated the 24/b, stating that the Spanieh government, afer some heswation, has ecrepret the ofr of mediation in the Mexl- CAD quention, mate by Lod Howden and the Marqris de Turgot, in the name of the English and French govern- mente An extraordinary decline from the resent high prices of wheat ip Spain is reported ‘The Captain General and the ety Governor of the pro- vince of Seville were to be bronght before & council of war on account of the Inte tronbles. Tho execution of Insnrgente had been stopped by the government at Mar rid ‘An attempt at incorreection bet ben mate fn the loniam ielande, The Landon Nowe of 224 July eayer— embly, ander the false ti what ‘The Ionian Amenhiy. Win 'eo sbeorbed th tee leds rakes to accom lieh whet Rassia hae failed The [ones Ave mbly hav mate itself « teens > sgitatio, wth & view t subvert the power and th «art the poliey 0” Eagten 4. Accounts from Berlin tate that the reply of Prassiato te ing Opa vote Bea Deen THER, sad cpRIQiag A pry: Stare seat to the Old , end the produce there xt Ti has boon the case for