New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-02

view this matter And shosi6 gran, shat WA ref Ised
tie lover Court, II undt rstsbd soythirg soout IT,
oripr aid power Of wit Of habeas corpus IL ossgi
uated il precisely the same state Of facts tha, sae be
fore Your Honor these papers. IL was created end
hes been guarded from the earlier tmee 20 the prc.er1
a. the CREST buigaIk Of human liberty AID pc rsosai
ireeoom ogsiDst the oppression o. power Ii de-
sigrec 20 90 into dungeons and cells, whors usa q
is held urder process OF law. aad, like tbs
voice Of God il the garden, asking where that Persss
Is, and asking why that person is kept 10 bondage
and We will fr Ia Ae history o! this csse that 70
perfect piece az CRIMINAL circumloeution frotu
the first 10 III last Effort bss been made TO Punis
this wonsr 70. celsir ofeDsts OUTSIDE OF vhst =
ohs'ged 70 crafty public malice, end give the law
victim which they anticipated when she was on tnas
bef re this Conrt but che allowed to 60 clear.
IL stems if your Honor please. that this pesio1el
| was brought before lower court, and the magis>
rae refcsed 10 admit her TO bal, under the drtctoa
of the distin Zuished attorney for The people.
Mr.. Hall lrteTap,lDg l-Doee your Hcocr aIvw
such supgertors TO Be made against magistrate q
THE Courty' The gentleman may make Whatever
personal illusions against he chooses, but eaa
not permit aspsrsons to De Gael agirf the Juolcsfy
M. Smiih-I will tate precisely WRIST took place.
The agistia.e who refused TO admit this party 70
hail Recorder Smith well knew that notice Vas
given before the Inferior magistrate fPolce Jrstice
Davisopl that appeal would be taken, end an ei'ost
be ade to take bal; but before these papers coutt
be got on. these papers were taken out vi his haads
al but in The hands of the -trctAttorney and rue
into lie Ctalt Of Sessions and there the question vs.
heard on the application 10 be admitted TO ban, aaS
the Recorder decided that the party could not hsvc
bail. Now, eemmon justice demasds that when Q ma.
or woman il accused OF grave crime his petuon s0sA
be heard before ma. strate free from the burma
ties Of human nature az possible; end undertake 70
cav that a magistrate appearing against this wooaan
counsel, entertaining theory adverse 70 hee.
ano atterward sppea ling a. q witness against her =
net magistrate free from the inrniues oil human
natures net div ested OF the pecuaarties OF Corn
Sc rs TO take this aud rake hnas oecsion vP1
ha R.nOrfaY an me00l0
with this matter. because has been passed upon ~
& lower Court: and that magistrate cannot revaew
The proceedings committing this woman without oaa.
We come then, 10 the Supreme Court, ana nere Wo
ole IA Nth cbjcct,cn that the matter had been
taken before the CouIt OF Sessions and the District
Attorney had expressed himself ~ glad that 1t VS.
there.
Mr.. Hall nte,Iuptipg ID deny that 1 ever said -.
ard will place my veracity beside that Of the gentle
man in this community, or IL Boston whence under
stand he comes.
Dir. Sui,h-The gentleman made precisely this re-
mark and the assertion can be substantiated BY Ia
oath of MIR Stafford. l say that this case has eese
passed upon by magistrate who. from tne p DISTURB
esonslyior aught know he one OF tue moet JUDI
tous aud upright magistrates in the cty Is not nksy
TO do street justice IN tie matter person actinS
~ counsel against this woman IN one investigation,
and who sfpeared witness against her IN anothee,
i, not parry take this question up and decide <
finally whether she shall be baed or not IL the oas
las not betn fixed ih.n your Honor has discretion, and
NE ask that youI HoIO will consider this matter and
this party il entitled TO ball. YOU Will give her paais
guarded By such restraints justice requires But,
# Your Holor please say there Is feeling Ia 'ho
comm unity that this petitioner ought to be punished.
and that SO far as l can zee - the only fcss~S
vby she sho ud not have bail. There are other pes
ties guilty of these oenses who are admitted 70 ost
for te q. can be ale against her 10 this case
is that sLe attempted TO take the property o.
othels by false means, and for that ehebee she es
put in PIison and refused bail. Ihe onense
bsable one. She can give any security that your
Honor will require, which is reasonable, ana Know
your Honor viii require none that is not reasonable.
She has been put in prison, connnsd n
close cell 70 the danger OF her heath. ffom tse
time Of this last commitment to the pfesens
moment there has been through all the papers ana
throughout the entire community, deteImnauon tnas
he has been detected, and now we shall nave our re
yeppe WHY Sir one Of the statements that hos beea
ii, en- TO the world Of her that she murdered het nf
husband Ms. CunniIg CHAM here commenced 70 son
violently, and continued to do So throughout the sue
ceed:bg alusons by her counsel to her personal mss
er and il was left 10 Of the religious papers "
this city 10 to her defense against the new aaa
cruel assaults made upon her and assaults, TOO, VIM
out the sghtes foundation for justification NO tor
nine months she stood the PROSTATE form OF hd
husband, while be was wasting with censumptsons
until che saw him Gle. These are facts, as vel
known a. that this City Hall stands ia the Park b9
these matters must be brought to bear as she had
killed five hundred persons. But that has nothing -
do with the particular matter before your
Honor. She tas never had an opportunity "
speak one word in her behalf. In this very room.
when she was trial for murder, she wac ready
to show her character from childhood to the
time when she married Harvey Burdeil but Wa
decided that that question could not be raised NOW
that sort of feeling comes up, and you are told
that the safety Of life and the administration OF Jasce
den ands that this woman be kept in prison. speak
adysedly when cay that if let out on ball the Gov
erumeLt witnesses viii be more likely to run away
than The party here for the offense committed.
she las committed any. There is nothing IN ths
case % justify your Honor in supposing that Il I'D
,ni,ted 10 bail she will not appear at trial. There
are men agsins. whom indictments are lying IN w
,fice of ,te D,stnct.Atorney, and who are now OF
o. bail trd nobody considers that thereby justice WIN
10. be done ibem 1t IL not because this party q
wouhn that oppression shOuld be brought upon Def.
All she asks and ell her friends ssk tor her, thas
che may have just and fair position IN this COMMA
nifty until proven 10 be unworthy II. hen the amo
Genes she will tell her .tory-she WI give het 'erre
Of this affair but whether she Is guilty or not gully
ehe is entitled on the character OF the charge. on tho
nature of the accusation, and upon everything con-
pected With il, 70 breathe the free air OF tbs ct
iuIy shall decide that she has destroyed her title 70
freedom: aud then her friends will allow her to take
her place where she must take II. III your Henos
please there is something strange in this pecu!iay
ef pubic Il Ing when the law wants victim II this
party were uan sLe would have DO trouble 10 0esne
bhiled AID this community are more disposed 70 iW
get and forgive the oibles 81 man tnan .ne .'i"e
Of q v oman While they will throw contempt aa4
contuney on the wouaD, they will receive WIN oPes
arms the villain who plotted her ruin. j say, tbeo.
g.- first TIA. there is nothing 10 this statute when
ba:s VIZ ffoIn grautltS the prayer VI tue Peuuoes
and second that Ia IL your HOnors discretion or no<
Ard Coz tie additional Confederation, that the maBn
trste who refused 20 adut her 10 bail, Lad previously
appeared against her in the capacities OF counsel ans
witness, we ask that this party may be scmtsed.
anc that tt amount Of bail may be hxec by your
HoDOr. . ,
Dir. HALL came here If your Honor please. ons
purely less mater anc therefore shall Cot follow
he crp,eraan In hs harsngue tor cannot cal II ~
aTsUneCt . ~ 49,, %
Nj Hal cited the decision VI Jusi:ce Edwards IN
IL rHnnrfe1 / Parknf Cn1-