New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-10-31
TIE NETWORK HOTEL sCAyOiL.
Mrs. Woodman in a Triyate Lunasic Asylum.
HABEAs CORPUS GRANTED.
PROCEEDINGS IN THE SUPREME COURT.

IN Sp.emo Der lat there appeared in THE IaIBcSE
the facts connected with exposure 10 bSi lite OF 40
alleged ty ittin acy between LADY Residential New
Oresrs anu persoD Of repute ia this city, the iva,
,tated being caught 10 Tdgr0ef delete ~ toe
New.YorA HOTEL Soon efer tie occurrence, the I'dV
was tekeL to pr va.e unatc asylum at Flushing by
orsrs of the husb.bd ard has been since hat tine 10
close cond1 emebt her hu.bsad having re urLed 70
| New Orleans TO resume his business.
On Ttursdsy last the following petition Was pre-
sered to Judge Roosevelt as toe basis for the issue OF
wit Of babeas oOrpus, reqadirg ths proprietor OF
the Luns.ic Asylum TO produce tue body OF the lady
| in court a, II O'Clock yesterday:
To JAS ROOSEVELT oar Of d. Judge Of the Supreme Court
The petition G.raner Furness Of the City of NewYOk
Sanford Hall Flur Queens County in tus stte By one
An Mcdonald that she not cmnittsd or detained BY
any process .sped By cont OF the Ueteo stes
BY joose thereof abe commet or ds'saed by
n sT 81 or s, voe sn, execution
issued upon such judgment decree tbst the osu. or pre-
knowledge bti.f you, peone is that said Caroiae
wo'dm.n insane that the p.on.I sv,ls ,h. see i: not
i. .sHf but " on the contrary In 'Dl n' '''a'
Petitioner further sves that presents petition the
request Of the ,sid Caroline Woocnlsu.
Wherefore Jour petitioner sys that wit Of h.ees corpns
The body Caroline wOodnsu before tons Court OF
The thereof together with the time and cause VI uca
'' Dsted the asth Gay Of October 1857.
GsEaHh N { Say .HoP sp 81 and
the facts set forth in the above petition subscribed By
him, are true
At IL O'Clock yesterday Judge Roosevelt took his
sea. in Chambers, and soon after Edmund L Haerne
Attorney and Daniel +. Sckles and Richard Busted,
council for Mrs. Woodman, appeared in Court.
| During the hesIng Of the exparte motions Mr..
Busted stated that appeared 10 Court to attend to
the matter Of the hsbess corpus which wss ssuei by
| biz Honor on Thursday.
Mr.. Van Bergen, the Attorney for Mr. Mcdonald,
proprietor Of the Asylum stated that he desired an
| sdourr lent Of the bearing for short time. Me-.
| Emeison whom he had engaged az counsel 10 the
case was i'll ar unable 10 be IN attendance, aud hs
had in view of this fact sent for other counsel 10
assist him; he thought no would be ready in aG boar
and probably less.
Mr.. Sickles insisted that II an adjournment was TO
be given they ud first have the that the
viii Of habess corpus TO be Obsyed by the person
Some discussion was had upon this point but Judge
Roosevelt declined to require any assurance OF inst
character
At 10 minutes past IL, Mr. Basteed read the writ in
the case and also the affidavit of Mr. Hearne, Ia
which be taed that he had served the writ personally
upon MIR. MaDoDsd and had Glso questsd at the
came time that he, az her attorney might have 90
interview with Mrs. Woodmau, and that tho request
ives refused.
Mr. Van Bergen objected to the case going on until
the arrival Of the counsel for whom he had sent. The
Court held, however, thst Mr.. Van Bergen was hun
self counsellor Of the Court, and that he was
peent to take care of the interests Of those be repre-
sented He further held that the real parties to the
hearing the people one eide, ana the person
held in CUSTODY on the other aud that Mr.. Mcdonald
had really no status in the case.
Mr.. Van Bergen obje cted to the hearing on the
grouId that Judge Roosevelt had jurisdiction in the
care and he citea the section Of the Revised Statutes
in which he commended that it required that apPi-
anti frat he mac
county where the person was conhne q, ana II there
refused they could apply to Judge sitting In another
county for the i.sue OF the writ.
Mr. Sickles cited the OF Foster In which II was
decided that tho jurisdiction OF the Supreme Court ex
tended over the entire State and that the application
Of the statute only to officers 0 the C0u invested
with jurisdiction in matters Of babeas corpus and Ger.
tiolaIi who possessed only limited jurisdicon as the
Judges Of County Courts.
Judge Roosevelt Sustained this view, and overulcd
the objection.
Mr.. Brady, who had been engaged by Mr.. Van Ber-
gen a. Counsel sppe ared 10 Court and asked for few
pts to consult with bis associate upon the matter
After brief consultation Mr. Brady said that he hsd
not had time to confer upon the case but he had been
informed the Counsel was already apprised that the
lady was lot in Court.
Mr.. Busted ssid they had not been go apprissd.
Mr. Brady said he would state the fact and further
be would coy that she wou d not be brought into
court except under such absolute compulson Of tbs
law as could Tot be avoided by any honorable meacs
This he regarded an extraordinary case, aud II he
right In his suppositon that the lacy was insane
they should present special return to the writ; and
be asked time that he might be able 20 prepare re-
turn which would be obsdient TO the law and to his
Honor, in behAlf Of the peron who claimed the right
full custody Of the LADY Then, his Honor held that
the lady must be produced, whatever be her mental
or physical condition they would conform to his drec
tione.
Judge Roosevelt said tina. the statute was explci.
that the person be produced and full return to the
witt be made, unlees sufficient excuse be shown fO'
suCh refusal.
Mr. Brady ssid they proposed to show the efficiency
Of tier Gaze. He knew, from the character Of the
counsel opposed that they did net want to subject the
lady to the gaze Of mob assembled in Court room
from motives Of prurent cuiosity and he thought his
Honor would not be In favor of such an exhibition.
But when II was required by the Court that she DO
der to the gaping multitude, she should come but he
should try ali honorable means 10 his power TO pre-
vent euch q reeult. He wanted time to prepare q
proper return. There was no hurry 10 the case. BE
aware that perons felt fuch chivsie interest
in the liberty OF this imprisoned lady that like the
knights Of od they rushing TO her rescue; but
he thought they could be satisfied to let their banners
for few hours lor gvI feuot ia the bzeezes and sb
stain from the use'Of thtr lsnces. Toe lady was in
the charge Of humane Institution, Add certainly %
free from insult a. she could be if ct liberty. Their
reason for asking postpOnement was Substantially,
that the ladys physical condition was such that she
health and well beng.
Mr. Busted ssd that the first writ OF hsbess cor.
pa, which had been issued was met with technical OBJ
ectops, ard the Court was now informed Of the in
tention to disobey the mandate Of the nd writ
against which 40 objections had been raised, acd to
ding 1t back Into The face Of the Court. He wss
toLsoed ct such bagrsIt violation Of the Law. The
statute required the production Of the body Of the per-
son IN custody and any discussion of the necessity OF
special return was wholly out Of the case in this stage
Of the proceedings. lie had no desire that the face
hs cnent should be subjected to the gaze of mob
but II were better that she came vailed four inch.
thick TO GeDtroy the power OF that gaze than that the