The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-31


the power transfer; he would not decide Il nov,
proceed TO the other points in dispute His imprssson
house Is not justified in restraining this party.
. The District not your Honor think
The Cour-I consider that question OPEN and shall ex
anime IT. want TO hear you, gentlemen, more particu
LARRY upon the subject OF the proof Of the evidence
fore the magistrate, and whether the affidavit is the
competent testimony required by the statute.
Mr. Tomlnson then read the folio wing affidavit of Mrs
Wade e.f
Citgand County Of New York, m-Matnda j. Wade above
named being duly sworn dspsses and that about
started from the herself and husband No.
sAs q s her
peasssby she was arrested without cause whatever BY
taken the aeas morning to tho
sss T. s a.. s,
sSn sS employ even 70. y,
sss 9s q james,
but h .s i TO- and q Il
BY her husband. And further depOpsa. says not,
missioner of Deeds.
Mr. Tomnson continued to say that he would here 10
as to the mode OF examination before Justice Osborne
but he would state the facts. These policemen make an
S1saeh sn np sss S .
where police magistrate Of the of Osborne COM
mits her without opportunity being afforded her Of
with her husband to employ COUNSEL she is sent i'm.
mediate)y to to the Penitsntisry he Mr IT, knew
that his Honor the Judge would consider this Wo
bad not been taken before competent tribunal.
but that the commitment made to carry what Ii
deemed laudabe reform.
1be Judge here remarked that the affidavit Of the Of
hcer contained only conclusions, and not facts.
Mr. Tomlinson submitted that jealous Ia the law,
state every fact the record that gives the officer ju
rsdcton whereas in ordinary process it is not neces
sary to state thePe facts but In all Of eum
act INNS Ella vataf al and
differences allowed The officer In this case comes be-
fore the committing magistrate How do you know
and infer that she ia prostitute. Is that competent
evidencef hold it to be bad law an Infamous pre-
right walk the streets peaceaby know that BY the
common law Of England prostitute liable to arrest
for entcine but the law contemptes that the entice
ment is so apparent that turn to policeman
and say, ''Arrest hat woman . vagrantn Counsel
reads the poiceman's affdavit) conclusion OF law
sworn 10 by witness is incompatible testimony This
lie affidavit, and the statute contemplates an in
vestgation this not testimony and that's fatal OBJ
ecton and the prisoner must be discharged Referred
to the Revised Statutes Of New York. fourth edition.
vol III, p 3D. All idle persons no. having visible
means OF employment, &C.. &c, shall be deemed va
mitteds
District Attorney-The Hrst, as common prostitute
vagrant, having no lawful employment to maintain
Mr. Tomlnson referred the Court to el2 el4 and e1s
sections of the statute and said that be held the whole
principle IN this case to be erroneous and contrary to
law He referred to the I'd section Of statute which
says that such party 81 all be brought before mags
animation e aOn mssns v0'' does OK
The Court-That implies that the parties have rights
thereto
Mr. Tomlinsen submitted that no person could be
rested except in the specified unless complaint
or warrant 1t incompetent for policeman to arrest
an offence against the laws, ON q war
rant. It will not do to give general order
pose to be prostitute unless complaint is made on
oath and process Issued for the Offences. In this
there was no complaint OATH in the next place there
was no process is1ued There is no evidence on the
rect I'd that the prisoner was an improper person.
The Court-lhst ID question of Judgment.
am clearly Of opinion that by common law, the re,
cord Of the conviction should have stated the testimony
and all the facts that supreme tribunal would have
the power to revise the proceedings otherwise there
would be right to review, and it would be giving
inferior magistrate supreme Authority and for that
ceedinRs taken before the magstrats contepd that he
has right to set forth full and sufficient proof
vicon should show, which It does not that his woman
vas an improper person to be sent to the Amshousc.
os lew ns,,s i, on the uegslty the
your Honor viii give to this sonsasrsson mat =,
ministers shakes ths social fabric Every attempt 70
manufacture charactef or reputation by officers high in
Z Il and
glory the declining years Of age. but when magistrate
81 sS he
dapoa,ous ;u,o., nv civsI thartv and tram
n,..s 80 an n,f;,n - ~, ;rst,,rtians
P.ess - my Wy p,iiy " ~. - ,"h
Anu When the Judge 10 taken from MIS- court where ne
ordinarily adnaters Justice TO sit beside the execu
tive Ills monitor detracts from the Independence
of the and suies the puritv OF the ermiue
Ist cana,da,as To- once ssak nonuar favor and the
a,n,sa ~ ., -. -. aI.hpfuppS ~. naoni.aa 80
HPPausc OF prsss-put tne popudce Inhy
cnmor and the press may thunder let the Judiciary
maintain ts purity and independence Strike not down
even a prostitute II is God.like to mercfu There
% eomethiry not cniv M ;uat IN tramnin0 on the
nrostrats hat u !. TO fail unoo tse ogaaksn
I,osuae, w. ~ w cownruy " iai uPou sne ois1HIii
Iber ot IL hard enough without being pounceu upon ny
the police paraded through the streets Drought before
q magistrate, and committed without process OF
law, Let those who NAV Justify II In the
name Of moyaIitv and religian. hnt tbere was mot
GO i. ~ a. LID ;s,fw a. "a az
one iawyer IN ,ne country Woua Justly ~ anu say
rnis with ali respect 10 the ns.rict attorney. Mr.
Tomlinson concluded very forcble address by declar
ing that there was tendency to take the power from
the peope and that the effort aprung from the
on nj iha naone hut he warnad them III At tbes Viz
iiions ~ AZ r;ht os ;t,yen ,ouIs LAID I'm yina;c