New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-10-31

ifN
- SAN. ioto Court and .a-sd that be ~1Ild
p,oduce that lady until Z mp / e - do 50 by The
extreme pressure tf TIE isS aad o.oc'ss Of te''
CONT; sld Ie, upon the hoes Of the: s'.,n' :,
he a,k.d for une 70 prepar, special
iurn 20 The Wi. Tc. frsok:ets If sts er9n: h
CO 10 10, bot admire, bat il vac Amir ,be in
lie haIinsss than for IL det-reLc 20 jui, ti)-
VI as, and this was the avoSsl of the lsiy's ell.
fcdisn man whom. they alleged, deprived hsr OF
Der beitJ sDd 10 sueh an ava 4. bls Houof AL bot
10 ake, consistent nth the an'ty OF tht
Cour ar ID. rights Of he part -, which -, TIA; n,
ptIfdn he pronDced sofbwi h, 81 aftsc meot o.
hsBed ard Mr. McDoamd BE- com ait'ed lao cdsioiy
until be did pr 6uss Der. Wbsn '1s Isiy @4s pro
ouceo thy would 60 into il "a y =. - her saoiy
al ph, seal cor dtoo ba. they va Do ~ io'o a.
inquiry into that subject IN her abb g. and certaniy
until they had proof test her con5'r was sa;h
10 prevent Der being brought TO Ne~-l ~ without
danger to her health; and If hs Honor ad-
ruIDed the matter for any lengh " tine they
should insis. that be should ALTO MAKE An
order tbs; the Ieatraibt imposed upon nor DE-
90 far opened a. 10 prevent Mr. Heas, o. aoy oshs'
afber coucse in the case who may dssne 10 10 90, T.
coLftr eh her the premises where she = laoarSet
sted They bad shown by an attfavLt proooo7d, tnit
Mr. Mcdonald refused TO allow mf. heaiAe ID sec III,
el.Lt, ard in with that rsfasal hs :aso
that be wou not produce the lady until irce1 10 90
il BY the pressure Ofihe law AZ It was, ne w
NOV led for attachment In t1e case, and MoUo1sia
bad either to chow by nfid.vi: sOfcens excuse 10Y
not obeyirg the writ OF If u w'ie produced ena se
q
NUT pass upon Ike aud return Ia her aossnce
II be would make such affidavit, the counsel Tor
Mr.. WtOdman were prepared with andaVlts 70 GU
uadic- the staten ebt but If tue other hand, tney
were TO be called upon to try the matter in her abserce,
upon the traverse, there was no reason wing there
sbould be any delay in the csse but that they should
at once 90 toto hearing. -
tet about I" fragrant contempt Of his Honor pro.
Gers was altogether Quixotc. He had never ADVISED
aIy eone mpt or dsobeoivnce of any La toat existed
The question before bis Honor was whether they
should have tine uLil Tomorrow norning to prevent
a deliberate return, AID assign the reas)n wny this
lady was OF produced He denied that there Was an
absolute obP alton to produce the body OK the psrson
with the return; the return vas one thing,
the PRODUCTION Of the body another Ii this LADY were
in point OF fact possessed Of weak organic sion and
abUripg under big nervous excitement liable to anect
her bi All ard system that che was proper
subject for the quiet core Of such al insttu Ion as che
placed in, his Honor Ola not require the testimony
of By sican or the assertion OF counsel, to explain
that we're better to leave her wnere she WAS It'll
the decision There was no object to be gainsd by
the presence Of this lady. dc had no objection
10 Lis Honors designating two PhyHcians
of bis own chcce without the Interference Il either
ctur rel 10 GO to the institution whose expenses and
fees lie would undertake should be paid, to examine
anu STE Whether this lady was LII ut condition ~ be
brought TO Count. In the case Of Halsted, which a
member of This bar had jIst Informed hin OF, this
course wss pu,sued, judy Cosles refusing to have
the person brought into his presence during toe hear
ing He did DO know that be ,Ould do anything In
the case 10 addition to what could be DON by Nc Vac
Bergen, who appea.ed as cv.nsel f0r DR.. Melon.
sd. He mr.. Brady might be sad to r. present the
husband Of this lady; aha II appeared that tho pnya
cian ho bad her ia charge, ana the husband Ut ths
lady aked that shs shOuo not be- proouc on the Al
Of man who cid not pretend that he stood 10 any To-
lstiop ibe lady emitting HIN to uttera WORD 10 her
behalf.
Ar Sickles stated that the petitioner mr.. Funess)
ASSERTED III lis petition that Dc prosecuted the mstter
Al 4 nc lad Df y
Mr. biao, laid that it did not appear TIE lady had
al y patura tight to appeal 70 Mr.. Furress. she had
a father al d hus bald In New Orleans and more
probable that they feel as great "a interest 10 hef
welfare as any other persons, and be was content 10
give ally amount Of security In reference ~ the produc
iion IT lazy they would wait for an answer no
Mr. Bnste, d-Ali hat part Of the argument proceeds
upa the ide that the lady has father and husband
in Ncw-OIlesns which Is not IN me case. For inc
purposes of this argument deny that she has hus'
M. Braoy-Ard Ill assume il the gentleman wishes,
that che never had . father, and viii only speak Of
.Jnose Roosevelt ssid thst tho 4Sth section dis
pensed with the booy Of the persoa mentioned IN the
witt Of habeas corpus III the case 6f the Sickness Of
such person Ii the sickness suggested here va
brought before the Court In suoh way that the Court
could receive it, by either verifying 10 |. Of oy the
assurance Of counsel tina. would be vsfied fof the
purposes Of adioprpnen, he 81 uld consaer ~ SUI
tcitnt but it should be sickness Wnch "ouio MANS
IMPROPER to produce the lady In IN open court
room.
CITY Hail. aud that the matter be argued IN the parof
Of M. Taylor. He ssid that, as MI BRADY nad Just
come into the case, he could not possibly know the
facts upon which they attempted to found osnei 10
the ,mptopreiy Of her couiog here. he Mr. Sickled
bud had 0ozen opportunities 70 kno1 inc Iac;s, 30
far az he was competent TO judge OF the ments ana
uh,scnl condition vi human Dc ING, ana no stated 70
this Court that the ladys mild was wholly free from
any taint blemisb ostufbsnce end that, poyslcahy
she was able TO walk from Fiusbing to this Court
,,s m and Won do she permitted, and osk to
be released from her hateful imprisonment. She was
now ', ksa side b, side with maniscs kept way om
her parents, TO whom abe was desnous OF returning
was Lot permitted 10 write to ihen, Or 70 confer with
persons chose az her Counsel.
Judge Roosevelt il quired if there any sugges-
,;op that she was not permitted to write TO her pa
rents7
Mr. sickles said that they had proof of It He 70.
pewed his suggestion that the soy might be brought
anywhere that the Judge might Designate; at h,ts
in The City Ball or at bic own private residence any
where 60 that he DO removed nom the premises whore
the az Low depeived II her liberty Az 10 this suSess
dto in regard " the physical ncspscity s knee Of
q tereon who was caused 70 DO brought before the
CosIt on writ Of hsbess corpus, he would ate that
the suggestion wss seldom or never made By the per-
con VITO opposed the discharge Of the prisoner sad
who claimed the imprisonment o. custody Of the party
but il az in pinetyLfe cases out OF hundred made
by the persons who whore interested in her behalf bat
they did not make any such suggestion; on the con-
rafy they sad " his Honor tina. they were prepared
70 f nsh proof the instant TO the contrary to show
thst sae wss perfectly sane. But they would not
iu t upon toe Affidavit to the effect that she sick
provided that his Honor would make order per-
mating the lady 20 her cours e between NO and
The tISs 70 which the caee would be adjourned TO-
n.ouow That they demanded as right which always
listed in the relation between Client and counsel
II. was prepared - fuYnish to the Court some very
satisfactory evidence, both Is 10 the sanity and