New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-31
THE WALKERS.
aIpREME COURT Is CHAMBERS March 80. - b
Judse NORRIS

sIrpREME COURT Is CHAMBERS March 80. - Before
Judge NORRIS
HABEAs CORPUS AND cERrToRARi.
The case Of Matilda Wade, a young woman ar
rested, with several others, and committed as va
grant to the Penitentsiy was brought up pursuant
to adjournment
Previous to the argument commencing, application
was made by Mr.. Blankmsn for q writ of habess
corpus in behalf of Ann Gleason, another Of the
youpg women II was stated tn 4. the petition was
defective in not stating on whose warrsu: she hsd
been committed. The counsel remarked thst he had
applied at the Prison for the information, and been
refused. 1t was shown by the Attorney who,
at the request of the Judge read the ststue that the
fact Of such refusa should have been stated in the
pc zion.
Certiorari Mr. Sayre tsho appeared with Mr..
NcGrsgor, assisted by Mr.. Tomlinson, as counsel on
behalf Of Matilda WADE Sad tina. he had an appli'
cation to make for certiorari on behalf Of Henry
b. Wade, husband Of said Matilda Wade. 1t so
bsppen., said Mr. S that she is married woman.
She was passing, about o'clock in the evening,
alone in The street and was arrested by policeman,
and taken next morning before the Mayor and
Justice Osborne, and her husband subsequently
found her in the Work House. The District Attor-
ney after il had been objected that the certiorari
had not been served, &c stated that he supposed
the Gaze might ss well be heard now any time;
and il one of the counsel would go with him for
few minutes over to the Mayors Office, he would
get a return and the record from Justice Osborn.
The Judge conceded in the view, and remarked to
ire District Attorney that if he would let him THE
Judge have the statute he would study the law
while the Dstrict. Attorney and the Counsel were
gone. The proceedings, it was shown, were under
the law Of 1893, sections l. and 3, and also with
reference to the law Of 1883.
The District Attorney returned, aud presented
10 the Court the Necessary papers being the return
Of Justice Osborn, stating that the said Matilda had
been committed on affidavit, marked A, Sc also,
II at he had filed the proper record Of conviction.
The affidavit on which the commitment was made
was slso read. 1t Is signed by James NJ. Miller, one
of the Police Officers of the Eighth Ward, which says
sis, before Justice Osborn at the time are common
prostitutes, have no means to maintain themselves,
" aid are common street walkers and were found in
" the street about o'clock at night"
The habeas corpus and the certiorar, the ,ne as
to whether Mr.. EIdridge the keeper Of the Work
House, who makes the return hss any right to her
custody, and the certiorar to the power of Justice
Osborn to commit her and Matilda relative to whom
the present proceeding was and the decision as to
which, it was ssid, would be effective to the whole
Of those who have been arrested to prison.
Mr.. McGreyor objected TO the return Of the ka6eas
corpus az def Give II shows che is detained by the
Warden OF the Work. Houte, and there is no authority
anywhere by which that officer has right to her Gus
tedy. The act provides that If Mag isra.e is salts
fed by competent testimony that person is va
grsht he shsll make out commitment, and shall
con nit the party TO the Alms House for term not
exceeding Xix months 10 hard labor; unless it is an
improper person by reason Of notorious character, to
be seIt to the Aims House, in which cse the commit
mebt sbsll be TO the Pententisry. The party in the
present case was sentenced TO the latter and we con-
tend that the inmates of the Penitentiary cannot be
transferred 10 the Work House, as taat establishment
is wholly branch of the Aims House, and the lay
gives The power to transfer from the AlmsHouse to
the Work House, but not from toe Penentiary to the
Work House. BESIDES which, the establishments are
wholly urcer the control OF tue Governors OF the
Airs House, and the Wsrden of the Penitentiary IS
Do right az was done in this Gaze to transfer to the
Vol .House. We suppose, therefore, che must be
discharged
Mr. NEG. referred TO decision Of Judge B,s-
worth the day before as TO one of the girls who had
bteD bro ugbt be fore him on habeas corpus who was
in the custody Of the Keeper Of the City Prison, 10
tran stu, wben she had been sentenced to the Peni
t,Ltsry and the udee held that the said keeper hsd
ria BIT to her custody and ordered her TO be dis
charged.
The Di-uict-Attorney remarked that he
before ? Judge who, ss Recorder, Mayor, &C., had
been fccustomed TO matters Of this kind.
The District Attorney contends thst the defendant
hsd been properly transferred to the custody Of the
Sup4 riniend.nt Of the Work. House-the Warden Of
the p nentisry having had, although not by the
act terms, but by implication, power under the law
Of lsi9s 10 do 20.
In respet TO the commitment of Justice Osborn the
District Attorney contended it was regular. la the
sffdavit OF the policeman, be sxears absolutely that
the two women he speaks of together, thai they
common prostitutes and common street walkers.
BY reerer &c TO the law Of 1885, appears that all
common prostitutes, who have no employms ut 10
NATHAN themselves all sturdy beggsrs, and all
persoIs waking abroad who cannot give a good &C.
court Of themselves, liable TO arrest and to be
committed Ne Migrants.
Nr. MEG. made rome little remark, TO which the
District-Attorney said "The gentleman makes
",mu.ement Of it, out thick, as assistant to the
Corporation Attorney which he is, he should be-
nov in my place, but am willing TO FL it.