New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-31

The affidavit Of Matilda wsde, sho is quite young
woman shd very neatly dressed, was then read, IS
follows
i, III. s @.,.sr t 81 E.ssiS: : ). w.d..
"Cay and County Of Nesc York, Mstilds J;
Wade, sbove.r smed being duly sworn deposes add
about O'Clock on the evening OF 27th
March inst che started 10 90 from the residence OF
herstf and her husband No LOT CLARK st. to the place
Of burr zee Of her husband we understand ne keeps
FALCON No. 1873 Spring ct, and while sue wa passing
quietly and pescea che was arref.so rao ~ soS
locked up in the Eight Ward Station House ana ms
abe was taken next morning to the Mayors Ohce snd
from there to Rsckwells Island; and that she mas
never had trial, and no opportunity 70 empi'y coua
eel or even to send for her husband and tnat sne
rot common prostitute, or street walker, as sne
informed q Policeman, by the name oil james m
Miller has testi6ed 20, and is not. in any sense, va
grant but she has for " lived at home with, and
been supported by her husband; and further dePo-
nent rays not MATILDA "ADI'
Sworn TO, &C."
Mr.. Sayre said few words as 10 the dangerous
power claimed TO be possessed N this Ease OF arrest
without warrspt, subjecticg persons through tns IN
fuence Of malice, perhaps, or o,her bai motive, 70
be s1esed by Policeman and on his bare affidavit
sent TO the Penehtisry
Mr. romlnson then rose. He said 1t was an IN
porfant question: and he was deerous not E.tnstsud
inp the iecbnicalty that the whole case should be
presept.o 10 the Court He was uoacqianted, he
said with the patty brought up, and he hss received
no retainer, but gentleman OF standing esAed nun
If be was willing to appear before this tribunal snl
prevent, as far as he could, the INVASION OF cvn
rights that had been contemplated. had beard that
married and Innocent women we're dragged 70 the
Station. House and committed TO prison, or been dis
charged by the Intervention of friends.
Mr.. F. cop'epded that the law does not authorize
a prisoner to be removed from the PenitentiNy 70
the Work. House, and your Honor viii see, ne 90.
served that public policy would prevent the removal
of convicts 10 that establishment.
There is nothing here to show ths me ue'enasa a.
being sent to the PenitentiNy; but they nave oe-
clared, by sending her there that she wa. she was,
therefore improperly transferred TO the o'k
and her detention is. Therefore, void. Ioe District
Attorney ssd the Warden Of the Penitennary, by
-" imnlicstion" had pow er to send her. 10 Is not
part of the policy of the law that such should be the
case and this is but part of the farce that has been
played. A. .,.,,
had power Of transfer in certain cases and Ia would
look at the point TO see if they could delegate that
power. -
part of the same establishment with tns Alns'uousS
and the PeniteLtary.
Mr.. Tomnsoo, in reply, commended taA the work
Hou,e and the others were distinct institutions
TIE Judge in regerd to the cert)rsr said he
would besr remarks to the proof before the Mayor
Section 3 Gays the magistrate may convict II on
COMPETENT testimony" 81. The question Is
whether the affidavit of the policeman ia competent
testimony.
MIR. Tomlipson said be would show how the trial
YVES conducted at this Court of Justice, as is called
These police make en- onslaught on these women;
n ey ere brought to the Mayors Office, where they
have stationed a Police Justice (Os5orn,) when
these sfidavits are presented. This young woman,
ment of any is immediately dispatched to the Peni-
teItisfy.
Judge-The affidavit, l see, makes a legal conclu-
sion.
H. ttnaa md
il is therefore void IL is Lot testimony but con-
elusiop. In these summary proceedings OF Gil kinds,
WHEN there is opportunity for trial by Jury, the
law s exceedingly jealous, and holds TO strict proof,
titled to the opportun of hearing and also to be
examined him or herself As this matter shows, you
say to the Policeman. - How do you know she is a
prostitute 7" He replies &" saw her in the street,
al presumed the was one
A prostitute Mr. T. said has he right to walk the
streets quistly, while moestng no one aud 1t 10 bad
law TO adopt any other principle than that. No o-e
has a right, without they observe solicitation by
the party, to suppose che Is prostitute. II can
only arrest when he abs utey is cognzs ant of i'm.
prety himself or is requested by some peton on the
spot who be proof as TO what he alleges, snd no
policeman has power to arrest without warrant, in
any case, except this principle. H. ctnuot arrest
person prostitute be che hsd been so pre-
viOusy the mere statement OF a person thai he
knew her TO be so. These laws are passed for the
protection of public morals and to give carity -
the citizen but that's OVerbroWn Oy the ocer OF the
law VT makes such arrest as this, ana il becomes
the Supreme Judge to vibdicste its integrity by say
ing to the officer, you have violated the Law.
AR. T. ALEC commended that the record, to be valid,
should state that the facts which form the 'compe-
"tent proof" that it might be reviewed by higher
Court II it does lot, the record should not be an
estoppd TO letting the party show to the Appellate
Court the real facts They must show affirm stiyely
the facts by which they claim the party within
the law. II not. all tia the Mayor got to do is to
send out and arrest person. convicts them and give
q record similar to this by which there would be no
chance in review.
knew the Judge would give this case the considers
ton lie importance demands. He conteuded that the
proceedings had been illegal; and avola'ion Of lay by
its minister he said, shskes the social fabric The
ate mptDg TO manufacture character reputation by
the Ulcers of the law must be failure they belong
to the life Of the party, and when magistrate,
for the purpose Of public morals violates the common
law, be makes dangerous iDrosd on civil liberty, and
tramples upon the very policy Of institutions.
When the Judge is permitted to be taken from his
Court and sit beside Il Il ministerial officer it sues
the emine and detracts from the independence Of the
Judiciary.
Let some candidate for office seek popular favor
let the Police clamor and the press thunder yet let
the Judiciary preserve IFS independence Strike not
down even prostitute in violation of the law They
entitled to protection aud there Is even D reve
lstien a most God like illustration. There is soma
thI not only unjust in trampsg on the prostitute,
but it is cOwardly TO fall upon the forsaken. Their
lot is hsrd enough and bad enough without having
the Police of a frest city set upon them. and be
dragged in crowds and convicted without process of
lawlo Let those justify it who may. 10 the name Of
morality or religion there is not single lawyer in
sirusted 10 he policy of lag that will justify these
extr .ordinary proceedings. The course of the Dis.
ct Attorney hes always been distinguished by grea.
libersty but the ODDS greatly against thaee do
fepdaLtP. The Mayor stretches forth bis hand and
calls on the Judicisry to help hin, and then, without
ally trial or evidence, they are convctei-and this
married woman lie obliged to CONS before your Honor
and swear she is not prostitute.