New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-02
SUPREME COURT -SPEcI,k TrRa Saturday. Mach 81
Before judge MoRsIs.-HsBEk, CosPUs

THE IMPRISONED STREET WAIVERS.
Case of Matilda Wade, and also, inirec,ly, of 20
other young xomen, arrested and sent to the Peai
Tertiary. The Judge in his case rendered hi, de
eison.
As to the power Of a police Oil 'er TO arrest a fe
male a common prostitute, he can only do 80 on
observing improper conduct himself from some
person in prtse of the femsls making q charge
te the officer sgsipst her and requesting him 10
duct her before a magistrate, on said CD srge.
The magistrate has only poser TO ooo'ict her to the
penireDary as vagrant after hearing egal proof OF
Der guilt. 1t mus, not only be- proved before
bin by facts, like any other proof, that she is q
CONN on protttu'e, but Il must sso be proved that
che has no lawful means for her support. The law
requires both 10 be shown in order TO authorize
tepce 10 the Pententiary.
The m,re affidavit oi policeman swearing that the
party arrested by him ls "a common prostitute, Is not
The " competent proof required by Law. II is con-
cuson ID law which alone belongs 20 the magistrate,
after hearing proof in the The affidavit OF the
policeman is the mere com plant on which toe mags-
irate must act and cannot be- as in this csee, cons-
dered proof.
After re ndering judgment and sending the party to
tho PeueDtiary, the magistrate Is bound to hle
record OF his proceedings Dot ouly In the Office OF tho
County Clerk bur in the office Of the Clerk OF Sss-
siots One Of these is a mere register. The othS
must contain the Testimony on wbi N the magisrte
founded his conclusion aud a) the confession OF ths
party if auy and be 80 fun and complete thst Q
Cont of R.yiex on the papers themse YES, eau de-
eide whether there had been competent PROOF tho
language of the lswl before the magistrate, not.
Tfis decision il based the general Law relating
TO the Stze, aud the local law appeTtsnng 70 the
| City OF New York.
The principle Of summary proceedings is wholly
the creature Of statcte. II found necessary for
the CIty of New York 10 have such IN certain cases
ad Of the delay OF jury trisls But the law, never
tbeets holds Tie proof be strict and pers,n IN
| he convicted - a common prostitute OF vsgrsot,
exec Ut after due examination competent aud suf-
! fceDt proof.
Hwss fol IN rly the rule tina. policeman or cor-
stable c, ud only arrest without warrants breaches
of the Law 8ctusry witnessed by bnseif bat the pow
| er was enlarged 10 enable hin TO make arrests on
charges by others against party the said party ac-
cuseo already stated, at tho time OF the complaint
btiT pIeseDt.
AZ relates to transfers Of prisoners from the Pen-
/, n,ia,y b the Work House. the law gives the power
Of doing so 10 the Governors of the Aims House but
il does not delegate 10 them auth rity u empower soy
other person 20 AXE the transfer The party ia the
present care wss sentenced TO the Penentlary. The
Warden transferred her to the Gust dy OF the Super
nten6ent OF the Work House. They were all 30
transferred Ia doing 20 be acted without sanction
Of law, ard the prisoner entitled 10 be dscharsei
on that account.
The important que soo however, is as 20 the jurs-
diction lsated abOve) of the magistrate. Tbs return
of the magistrate 10 this Gaze states that tbs prisoner
WAS committed on the affidavit OF the policeman,
which was considered by him sufficient proof. That
having been merely conclusion of law. as aresdy
stated and not proof and the record no. showing any
proof sufficient to convict, the party accused Is enii-
tec 10 DO Gsct arged, and an order must be entered
10 that effect.
The Judge said ne would make out discharge and
send il 10 the matron Of the City Prison, In whose
csre the taid Matilda had been placed Friday evea-
ing by direction Of the Judge.
wRITs OF HABEAs CORPUS As TO THE OTHERS.
Mr.. McGregor, one OF the counsel, stated TO the
Judge that hs original application for wri Of habeM
corpus had been to thirty Of the young women,
but the 20 thought that the question bad better
be argued as to one OF two Of them aud apply TO the
rect.
The Judge replied that Mr.. MEG. had better get
out wits for the ~ho's Of them, and bring them down
ON Monday, either before him or another Judge.