New-York daily tribune., 1856-03-15
DISCHARGE OF ANNA LINDEN, TIN
ROY-GIRL


fxsd by Recorder Smith to hear the application n be-
half OF Anna Linden for her discharge nom the com
mmeat Of the Police Magistrate a. vsgrant on q
writ Of habess corpus Issued by the Court on Thsrs
day. The hearing was TO be at the Recorders pri-
vate Office in Chambers street; and though the fact
had been kept still purposely, large crowd assenn-
blsd about the door in hopes 10 obtain sdmittance.
Abou; twenty persons only present in the roon
The girl was present. still dressed in her male at
tire which che has continued to since her srest
Mr.. Charles +. Spencer, counsel for the girl said:
Nav Il please the court, l should not have pressed
this matter upon your attention in the manner which
have lad not been satisfied that INJUSTICE had been
dore 70 Miss Linden and il not for the fact that
summary conviction Of this kind cannot be reviewed
in any other ay. And think if am permitted To
cite the authority of the Supreme Court can satisfy
tie court that the afidavits upon which this commit
ncnt is fourd does not establish Of yagraney
advance the legal proposition that that record must
contain certain facts and circumstances tending TO show
yaerancy and if such not shown the magistrate has
DO jurisdiction to &C. in The premises. And contend
that TO swear person is prostitute and has no vis'
ble means Of support is not sufficient IN case OF TINS
kind. refer your honor to the decision OF Judge
Moris given on the 3st Of March, 1855, In the case
of Matilda Wade. In the of Wade the officer
swore that defendant ras a common prostitute. Inc
Judge in that ruled that the only evidence gong
to show she was prostitute that she was cut at
o'clock at night alone in the streets, and that this
was insufficient 20 make out the case.
The Court-Upon that point you need not elaborate
further.
Counsel-Then If your honor pleases, this affidavit
saws that this woman was on the of street,
not misbehaving herself-rot intoxicated interfering
with any body, or conducting herself in any manner
unbccoming peaceable and orderly citizen-bat that
che was dressed in male attire, and that she has been
for some tine in the habit of dressing in male attire.
I contend if the Court peases, that this fact is not
sufficient to make out this case. have looked
through the revised statutes for law to meet this
case in vain and others too have looked for me with
the same result; and have come to the conclusion
that we have no law against the act Gentlemen OF
high attainmens and reputation at the bar nave e1'
pressed the opinion and 1t be an ofense al all,
suppose predcated upon the idea that 1t is IN its
effects injurious to the public morals-that 1t is an
outrage upon public decency. Now l respectfully
submit that under the institutions in which
we live, if party, male or female, obeys the
laws relative to property and personally dePorts hun
or herself in peaceabe and orderly manner that the
mere fact of their dressing differently from Others pro-
yided they are decenty dressed does not make them
guilty of an offense Your Honor, in very elaborate
decision has given forth the idea that sumptuary laws
are not in consonance with our nstutons-that
Legislature has right to prescribe what person
NAV eat and drink If this be true, il follows from the
same reasoning that it has no right to prescribe what
person shall wear; and if they say that a woman
shall not coat they can say that she shall not
wear petticoat. woman is allowed to dress in q
Dt I,4; sbo half ian
tasteful as Charley here Charley here observed
to blush
The Court-The Bloomer costume preserves the
distinction between the sexes. This does not.
Counse-There is no pretense that by any peculiar
ity in the department of this person the public peace
was engendered. She has not gone into the streets
with ringets on-she has preserved throughout the
appearance, manners and employment OF male. And
if chose to go further l might urge that there Is
nothing in the affidavit going to show that the defend
ant is anything else than what she he appears 10 be,
and the prima facie evidence is that she s Of the
masculine gender. And further, when the officer ar
rested her. instead of going to the Mayors Office the
Tombs, ether OF which were near az hand he dragged
her TO Essex Market, to hurry her off to the island
quickly as possible.
The Cour-The only question in this matter is
whether the afidavits sufficient. 1 think that
they are clearly not sufficient TO establish the charge
of vagrancy.
The proprietor of the hotel where the defendant
resides stated that she occupied room containing
single bed, slept alone paid for the regularly in
advance and conducted herself in peaeeable order
ly manner.
The COurt-(To prsoner)-Do you intend going out
Of the State
Prisoner-I do on the goth Of May next intend to
90 to California, where have married sister resid
ing.
The Ceur-Eave you ever been in prison before
Mr.. Spencer-She was arrested once before your
Honor for this same offense. Some Of the Board Of
Governors took an interest in her case and procured
her discharge.
The Court--Anna, you had better get out Of the
city as you can; long as you remain you
will be liable to be interfered with.
The crowd of persons had remained around the
Office during the pendency of the proceedings, and
when she left the place in company with an officer
and the proprietor Of the hotel, she followed by
over hundred men and boys. They succeeded in
reaching the hotel, however, unmolested.
HISTORY OF ANNA LINDEN.
O,e Of our reporters paid visit yesterday TO Anna
Linden at the Tombs, and obtained from her brief
history Of her life.
He found her still attired in her male apparel She
wore fancy cashmere pants, calfskn shoes, black
cloth vest and ock coat striped shirt with Byron
collar black cravat and black silk hat she is five feet
four inches in hight, fair complexion light blue eyes,
lose rather aqune and light hair. Her face is on the
whole quite pleasing Her manners, however, possess
no feminine characteristics. She has 90 long been ac
custotned to associate with males and those who as
NH ahnut har az he