The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-31
THE F0RAY ON vAaRANT WOMEN
SUPREME COURr-N CHAMBERS.
Before Hon. judge Morris.

rag LATE FoRAY ON THE CyPRIANs-APPLICAFI0l
FOR THEIR DISCHARGE.
MARCH 30.-In the matter Of AatiIda j. Wade, com
rttted an alleged vogrant-A writ Of habess corpu
had issued In this to the warden Of the Pen
endary, to bring up Matilda Wade one Of the thirt
womsn arrested Migrants BY the police, few night
since and committed to Backwells Island by Mr.. Jus
tice Osborne.
The Court asked IL the parties ready to proceed
Mr. j. D. MacGregor said he had sent for his associat.
counsel, Mr.. Tomlinson.
The District Attorney, in the meantime, put in the
return to the writ which is"The execution Of this writ
appears from the production OF the body OF the within
named Matilda Wade and the copy of commitment
annexed
The CourtGentlsmep what issue do you take to this
RETURN
Mr.. MacGresOr said that they had objection-tha,
this officer he Is officer, does not state whether
not sine in his custody. appears by endorsemen,
on the back Of the commitment, that this party has
been sent TO the workhouse. If that be so, desire
that the keeper Of the workhouse make the return
The District Attorney said he had sent to his Office for
copy Of tho which mases the workhouse part Of
the penitentary. he then read the act of April 1lth
IS40 by which the power Is given to transfer parties
from the penitentiary to the workbouse But as the
woman present in court in obedience to the writ
Il ebvistes any difficulty.
Tho Court-It matter in whose custody she is
as the party is here.
Mr. AscGregor then put ia a traverse to the return
The District Attorney having looked at it, said the
verse was proper, but he took issue on it.
Mr. sayers OF counsel for the accused said he Piled
behalf OF the husband of Matilda Ws6e certiordri
to have the testimony upon which this woman was
committed brought before this court II appears
she gong to her home at eight O'Clock in the
no1;..
man, locked up all night brought to the Mayors Office
in the morning, whereshe committed without ex-
animation Counsel moved on the affidavit of her mug
Land, which set forth these facts
The Court-The warden OF tue prison cannot ha We
those papers. All he can taye is the commitment
The mamie OF the committing magistrate should be set
forth in your affidavit.
M Sayers-We know notbing OF who the magistrate
ia except By report We know that Justice Osborne has
committed these parties that he has done at his
peril and that all parties connected with the proceedings
viii be held responsible Tor their acts.
Tho Court-We have got before us the return of the
person who retains this womaa in custody, and also
copy OF the commitment OF Justice Osborne who COM
mitted her as o yagrant-to wit, public prostitute
that officer having jurisdiction, snail have to remand
her, unless yorapply for crtiors to bring up the evil
deDce on which abe is committed
Mr. sayers referred to the statute which states that
the writ OF cerorar must be directed to the person
vhoe custody the party is bat il the Court can issue
certorar to Justice Osborne, that would their
purpose.
The District Attorney suggested that It would be
saving OF time If he to wait Justice Osborne and
obtain tbe papers. This was ass.nted to, and in a few
mnutsr the District Attorney back with the return
OF Justice Osborne, which sta ted L.
hereby certify your Honor that committed the per
son within named the affidavit annexed and
mitment. b. osioRNE
The Court to counsel for thn prisoner are Won
gang 10 dof Here Is the return of the officer of the
evidence on which he committed THE party. I
Nj bscGregor-unees IT be admitted that the arrest
was mace without wilt object 70 the return
"a fnh1fcsent The writ of ctiordTi Iequ-es him to
set forth al large the evidence upon which lie committed
The CourtThe statute SAYS it shah be the duty Of
aos constable &c TO convey ana such vagrant
before Justice Of the Peace for the purpose of sxam
nation. What is the Judges returnf
Mr. MacGregor read the above return. and submitted
that the command 10 Justice Osborne was TO certify
ful and at lurge all the proceedings in the matter
The District Attorney thought his learned friend un
dersoc hat he 70 produce the record of the mat
ter, which includes every thing
MI MacGregor-wen, that Is better than the other
The first application make, tie papers stand,
is for the discharge Of this party The question: in this
case In directly whether any in tue com.
munity can be arrested without auy presses of lawg
Malice, for instance, may inst gate the
The Court here remarked that he would like to have
the proceedings in order before him He had first the
charge the commitment nd the transfer TO the work
house the commitment for six mouths, on tae af-
dayit of officer Jas. M Miller Eighth police which
charges the parties with being common prostitutes
The affidavit Is JOINT charge, zee, against two per-
sons. Then we have the record ef commitment.
Mr.. dacGTegor said-Before going into any examine
ton OF toe merits of the hish suppose
hnc great variety OF objections have preliminary
make That is that this party Is detained ~
the warden OF the workbouse aud that there is no au
tsort for any person to oetan her. but the warden OF
the pertentisry Breads the commitment The statute
prosioes that such person Is TO be sent to the aims
house, or an improper character for the amshouse
then such person Il be the penitentiary Bat
Mat las Is an improper person for the amshouse and
he then commits her to the pententiary. He then
ferred 10 toe rec.on Of the law mentioned by the
District Attorney and said that the objection Is that
the vors house Is branch Of the amshouse exclusively
and not Of the penitentary In other words toe work.
house to receive from the governors of Tia. almsouse
such parties able to work, such shall be
mitteo by magistrates as Migrants Now, they con-
tended that this party was not committed to the work
house but 20 the pententsry He therefore demanded
her discharge, and would remsrk 20 the court that
Judge Bosworth, Of the Supreme Court yesterday dis
CHARGED on case analogous to this where the return
accused in trdnsitu TO the peniteuiiary.
Ihe District Attorney said the reference last made by
the learned gentleman allows me to congratulate the
people OF the State OF New York that this argued
before your honor who former Mayor and Recorder
OF this city, is familiar with these cases which, may
ear with respect, OF Judiciary not.
tend that this commitment IS ample and sufficient.
referred your honor before to the act which makes the
workhouse part Of the psnentiary. II the law be
that persons committed to the penitentiary may be
transferred 10 the workhous- aud the law Is silent
they may be transferred and MS to the mode II transfer
from the peuitentiary 70 tho workhouse yet under
that principle of Law take II II the untment to the
penientay Is legal the transfer TO the workhouse Is
also legal The party committed TO Mr. Jas Keens
keeper OF the penitentiary, and he transferred
her 70 the worhouse the 2sth March, 1850 He 1.-THE
Drct Attorney submitted that the writ Of habcas
pus falls the person who has the actual custody
the party charged Mr.. Eldrdge has right to the
tody and he q The proper psrson TO make the return.
he was correct that TIE rshtfully in the
custody Of this party and that Mr. Rsene the warder
OF the penitentary, had had her rightfuly Ia hi
possers,on they would then 20 the second point
Here "a commitment from Justice Osborne to the keep
Of the periteniary appears that the keeper tool
her into custody under that commitment and the ques
ton Ia, whether this officer mad right 10 commit. tn
If lLnQ
the laws Of So recting the words ~hch the Law dbect
it should recte. Breads the usual form Of commitment
in such cases) Az to the action OF the magistrate \
appears that he acted In due form the affidavit Of Jas
NJ Miller BY reference TO the law Of 1885, II appears tha
all common prostitutes &c, &c who have Lawful
employment 10 maintain themselves, shall be deemss
vserants However unjust tina 'a~ may be considsred
and al summary laws have their evils-the question
here Is did Mr. Justice Osborne have right TO receive
party before the JUSTICE Was the affidavit sufficient
II s contended for the people that Il Is Did Mr. Jus