The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-23
Court OF Common Pleas.


IMPORTANT DECISION ON HABEAs ooRPus.
In the matter Of the petition ef Elisa Thompson for the
discharge Of Sarah Seodrt.sarah Stewart 10 brought
before habeas corpus and is alleged to be unIaw
fully detained in the Penitentary. The return shows
that che was committed vagrant BY Justice Goa.
molly the 15i January instant for The period three
he having tried her upon charge made against
her ano convicted her Of being vagran. competent
testimony of Daniel Carpenter Captain OF Fi:th ward
police and that he had made and filed the record of
yicon in the Office Of the CLERK of the Court of Sessions
Under this proceeding, if the commitment is regular
its face and the record o: conviction IS properly made
and fled cannot review the decision Of the magistrate
That can only be done appeal to the Supreme Court
The certificate of the County Clerk il furnished that
record Of conviction filed there and copy of the
cord filed with the clerk of the Sessions
II is contepded by the petitioners counsel that tho
record Of conviction should have been filed with the
County Clerk and not With the Clerk Sesscos that the
charge INST Der OF being prostitute stated in the
commitment, did not a conviction of vagrancy
but OF being disordery person. and that in such
the statute requires the record to be fled with the
q nDty Clerk. There is some confusion in the different
statutes which without careful examination may lead
error BY the statute as to vagrants vol X. x p a.
edition. certain declared to be Migrants
~npon conviction by magistrate may be sentenced
TO the penentiary and the record Of conviction 70
be filed in the Office OF the Clerk of the County Bat in
the enumeration Of offences which may be tried under
THE chapter the OF which this person is convicted
(oeing prosttute) 10 not enumerated. BY the
similar provision made to other Offences and the
record OF conviction is directed to be filed the office OF
,he eiers OF the County Under this 'l.ss Of offences
In 1853 statute was passed prescribing toe form Of
the record and directing thar in all of conviction
Tor ysgrancy the record OF convct shall be 6led with
the CLERK Of the Sessions. The record in this case
substantially that prescribed by this state (ess Laws
1883, 1858, c Is urged that this statute does no.
apply to the chapter Ct Statutes relative to DIS
orderly persons and therefore the record OF conviction
should in such cases, stll be filed with the County
Clerk This is SO in regard to oil offences which come
under this description But there is another statute
vhch has been often overlooked but which relieves this
case from any difficulty upon this point BY the stat1te
relative TO the powers OF the Common Council &c, pass
ed January, 1923, (sess. Laws 1888, chap IL, p %
habftual drundards. common prostitutes and Others,
are declared TO be deemed vagrants and IL the mags
rate, on complain. 5efore him Is satisfied BY competent
testimony that such person Is vagrant within the de-
scrpton therein stated, he j. directed up and
sign record OF conviction, vh,h shall ba fled in tue
Office Of the Clerk OF the Court OF SESSIONS and he shall
by warrant commit su "a vagrantt the offender be
improper person 20 go 10 the a,msnouse TIE
peDtentiary, for any time rot exceeding six months.
The proceedings IN this are, therefore, regular
and IN accordance with the provisions Of the last recited
statute without references u the act OF 1851 And
by this act the Offence charged II 10 b. that OF
vsgrsncy, the provisions &C OF Is3 are also 40.
picable 10 this class Of cases and the prescr
OF the record of cooyct BY that act Is proper and
Gent Tor Az offences embraced in the twelfth section
OF the act ~ 1888 The record OF conviction aod the
commitment are, therefore regular and 10 complia ace
with the statute II the allegations contained in the
petition are true. injustice may have been the
pfisonfr ~ II mere alleged that she prohibited
nom producing Viine ssas hes oEn bshsH add from
crofs.eNamining witnesses produced against Ger, aud
hat she Is Innocent Of the charge against her but
the gulf INN Of the prisoner iunot be
INTO ln"n hapea corpu am conviction. If there Is
any remedy-anf that there should b. one no one
Doubt i by the Sc prcme Court 90 eeriorayi Ihave
power In this proceeding "a feyw The correctnss OF
the decision OF the magts'ran The prisoner must bs
remapdsd and the writ iiscearged