The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-08-05


Capt Of the bark and Mr. Purroy their counsel
attendance Mr. L. White and Mr. Jay attended on be-
people also present Aer arranging some preliminary
questions such altering the writ that should be
and corresponding alteration In the other papers Mr.
Purroy proceeded to read the return which was similar
the addition of having put proceedings before Judge
DAILY in issue and submitted that the question was a
sstopped from going behind that decision Mr. jaw ON
the part OF the slaves applied to the Judge for order
to bring them into court Mr. Purroy opposed the APP
pcaton the ground that II to bring
them into court until the question Of jmdicata
first disposed Of and ALSO that there
ing to that effect between the counsel both Sides at
the last meeting before Judge Ednonds he broadly hint
ed that he apprehsnded rescue. After hearing Mr.
Jay Judge Edwards thought there was no necessity to
have them In court until the question udicata was
decided Mr. Purroy then proceeded to argue the case
at great length and insisted there was no new
state Of facts or change Of relation between the
| slaves aud their master, since the had
Edwards sn3 cited various gave au
thorties In support Of bis argument he principally
lied on Bsrrys case, decided by the Court Of Errors
and resolution entered the Senate journals that
writ OF habeas corpus disposed Of where the par
ties were the same and new state Of facts put is
Mr. JAY replied to Mr.. Purroy. He commended first,
that the decision Of Judge DAILY was paethst the
him, had authority-that they the slaves were not
present and they wsre they did not understand
lie also insisted that before Judge DAILY had given his
decision he withdrew the writ And lastly that under
to
Of his argument Mr. Jay read an answer to the
to the writ Of habsas corpus which consisted
the joint afdavit Of the two slaves Da Rocha and Da
Costa they alleged that after they returned to
master they were put in irons that he threat
ened to hog them He Mr. Jay commended that this
new feature In the proceedings which was not before
Judge DAILY and altered the relationship of the parties
After Mr. Jay had concluded it was then four O'Clock
and further proceedings were adjourned TO this
| morning.
Iss Ss sSs sy
ss Ii. S%
S H. .l he Sses%:a and "a linz
direct himto hospitals the policeman directed him the
'HSSs
ted him 70 the pentsnt.Tyy warrant sborng under
@ no 1s the s being
WoqaheaS wa, hired few days before his ntmea BY
ss ON IL. 8 or and was
srR-The foregoing appeared In your paper Of Sunday
last and was also published in mort If not ALL Of the
asmuch as i affords pc the opportunity Of dssbusing
the public in respect to OF the many imputatons
tie reason. 1t would appear that woodhead dis.
charged his statement Of alleged facts
to by him In his petition which the writ granted
but which do not appear upon the record have
Of objection to any reputation which the Judge who dis
charged him. for acts which may be dictated by human
ty sympathy, but have some objection for my
reputation in the correct discharge my Official duties
we'll knowing that this alone be substantially
quired sustained by faithful and intelligent admin
stration of the law which is the only safeguard of the
public and the CITIZEN and for this reason have felt
It due to myself to show that have not violated my
| duty a magistrate.
By the law passed January %, 1888 (see Session
Of that year, Is among other things
or other disease in the practise Of drunken
ness or ds1sIonsry and requiring charitable aid to re-
the confession of the offender by competent testmo
n.y. that the person is vagrant within the description
shall Be sd in the Of the Clerk Of
and shall commit the oenderf an improper person to
term not exceeding six months the confession record
and commitment properly certified and annexed which
idea that Woodhead did not know what he was doing
abscurd as it is incorrect The blanks in the papers
all filled By Which Of
placed before him he was told the terms, and
s hs na ns Of h be- ss
it may it was not matter that could be en-.
qured into by Judge Edmonds it being welsetted
principle of law, based upon statutory provisions,
that the Office of writ of habsas corpus, is simply to
inquire into the legality of the commitment. Nor can
hind the record, or inquire into the merits In
mary convictions which in restraint of the common
stance the proceedings of the committing magistrates
reviewed by the Justice the return of the writ
Of the former the prisoner must be rcmandsd and there
is power known to the law by which he can be
no prstsnce that there was any error my part
feet in the proceedings, and therefore, the discharge
State prison. who could not be discharged if this state
ment would be taken, charging that he WAS wrongfuy
convicted BY the tribunal before whom he was tried
Yet such discharge would be libel upon the admins
tration of justice.
am utterly opposed sending persons to the Peni-
Tertiary whose only offence Is poverty wretchedness
disease herded with vagabonds and thieves The
public authorities have much to for in not prov
ding work house and hospital for the sick But as tho
law is cannot do otherwise than administer 1t as
find it, regards Woodhead II any should be con-
obtain equivalent keeping and curing
him, as 1t is precisely such case -, n,,,,vrn
Police CouRr, Halls of Justice,
August 8, lS47
City aud Countyof New York, s. s.-Richard Wood.
head asks to be committed to the ana makes
age born in Ireland and has contracted the
disease and being destitute requires charita
''' NV W ''''''' '' " RICHARD wooDHEAD.
Taken before me, 22nd June ls47.
Signed W. WALN DRINKER, Special Justice
Penitentiary six months.
certify that the above is true copy of Confession
of Vagrancy now on file in this office
Clerk Police, Halls of Justice.
August lst 1Sl7.
City aud County Of New York. ss-Be it remember.
ed, that on the 22d day of June, ls47 Richard Wood
head convicted before the undersigned Of the spe
York upon bis own confession and at his own request
Of being vagrant, viz being without the of
porting himself and having contracted an infectious dis
viz: the venereal disease requiring charitable nj
him to health and thereupon he sentenc
ed to the Penitentiary for the term OF six months.
| w. WALN DRlNKER.
| A copy. II. Vandervoot, Clerk Of Sessions, &c.
City and County Of Ns,o York. ss-By W. w, Drink
err Esq of the special justices for preserving the
peace in the city and county Of New York. To the
stables and policemen OF the said city, and every
them and to the keeper of the Pententiary of the cit
and county Of New York. These are In the name OF
people Of the State of New York, to command you
the said constabes and policemen to convey the said
Pensntiary the body of Richard Woodhead who stand
charged before with being vasrant viz being with
, out the of supporting himself and having con-
tracted infectious disease viz the veneres disease
requiring charitable aid to restore him to health where
of he was convicted his confession, and at his
request and appearing to that the said Rich
ard improper person to be sent to the Aims House
YOU the said keeper hereby commanded to receive
into your custody In the said Penitentary the body
the snd Richard, and him safely keep for the space
six months until he shall be thence delivered by due