The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-31
The Domestic Difficulty at the New York Hotel.

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Tns nabsas Corpus far the Wife who IL Con-
nned ~ an Alleged Luaatic-H0 RstSrn %
the Writ
syrDBss coURr-srIcIAL rsRS.
Before Hon. Judge Roosevelt
Oorosn 30 Ia Ms kG4er cf Nc Habeds Corpus ef
O1oline Woodman, eorfaea as al dlaCd LunGtic Tho
anawer 10 tie wrs in this (slready noticed In he
BsRAIp ro,urnabIe 1t IL O'Clock 70 day Inc follow
Ing ID the
= 10 jos Roosrst, one e ne JUDGES y ae Supreme
Court f e State Of Nes York rhe Issi,i,n Of Gardner
Wcodmsn 10 restrained In her liberty at Sandford Hall,
Flushing, Qaeen, county, In this state, by ono Allan
Mcdonald, and that sho Ia committed or dc,anad by
virtue Of process saed by any court OF The United
eAles or b. Judge thereof; 10 she committed
detained BY virtue Of the na Judgment or decree Of any
virtue Of execution Issued upon such Judgment or do
cree that he oa,se or presnce Of suoh resrant Of hsr
petitioner, II .has said Caroline woodan insAns; that
The petozer AYERS that she nos insane, but 10, on the
oortIey, IN full posseason Il Der natural ftculs.es
Petitioner further that he pre,ents this petition As
the request Of the said Caroline W6odmAr. Wherefore
70 n !" ssys
tho body or raid CAROLINE Woodmsn beso.c This court, or
ono Of The Justices thereof, together with the time and
cause Of such detention.
Dated he Goth day OF October, 1857.
City and county Of New Fork, s. -Gsrdner Furnss, or
raid CITY, the psiCner herein Ds,ng duly sarn doth
ios, subscrihed BY him, ,.aFe true
Mr. Bustsed asrooaed with Mr.. D. ackies, said tha.
tie wr Dis case was re,urnable At IL O'Clock, when
e body OF he party named to be brought before The
Court. He dsaired 70 know II the writ had been
obeyed.
Mr. Van BcTgc, raid that Mr. Emerson, the counsel
gagged FOR the dent had been taken suddenly ILL., and
We sex for . pcssponemens, In order 70 obtain ches
counsel
Mr. Busteed That might be all very vel unaca o-di
rary crcu Instances ul n this desisc 70 know
before any courtesy !, anseted II the mandate OF this
Court has been obeIed and II tho bsdy OF the poson for
whom the wit was obtained IL no pesose tho Oour.
The Judge sad he pro.u med she wouid DO here when
tho mater 10 sefero the Court
Mr. Vsn Bergen Aked that Il might stand over for an
hour.
dalton 70 the gentleman, bat ~ my associate 70
marks desire TO know The lady IL In Court, In ooe
dence to the writ; not We are entitled TO ak FOR an a.
tachment sgainat tho party 10 whom ihe wris vas
The Judge-Ihas mrst depend upon circumstances shs
clert reaaon, supIo Iose win be given for her absence
Nr. Bckes-Ihc reason givcn Yesterday was, that tbs
win W.. , We T,d %
know II the party here. We havela right 10 krow II,
and we demandit Will Add ihsi nr heArne the aisor.
Eey for the petitioner called Mr. Nod maid, he keeper
The lul where the lady 10 tsAned OF her Eber
ly, made requeit that he might bs permitted to
purpose oevade the process Of nis Court though know
Jour honor will no; allow IL.
The Court asked when The second amended writ
served
Mr. Sckies--YeT Terday evening as nye o'c'oct.
The Court thought thatn they 90, az habsss corpus a
II O'Clock to day which was served yesterday ~ O'Clock
Il wcua be pre- " good despaoh.
Mr. sekles- We have right ;ofnow nov waethsr ,hsy
will be prepared 10 rcdace the persta then.
Ths Court repeated that he supposed they would obey
the writ or be prepared win reasonable excuse.
Mr. cklss hoped iae Cour would cxcaie him for botaE
ana hft n pnt n VII
was necessary for MS party 70 be Ircssns when this
The JueSei casuos s,y until the ooauasl is Ia cSur,
when the hour hss elapsed.
kr. Hches-Then have right TO move now for an as
tachment for Mr. Mcdonald 10! moi ooeynE the writ Of
Ths JUdse-You have right to make ,hs application,
sus ths Cs as Gaa keep nnasr consideration for an hour
NJ seks though. Ihss iAi' TIN with Tho dignity
Alter somo fu,iner roma,fs the case was adjourned 10
II o'cfck 10 being then within qrsr'or OF an hour Of
ihas Time.
AtI2 O'Clock Br. Bsseoa stdrsSed the Court, syipg
lbsi hs hour had arrived 81 which the council 70 be
p,essrod with relu % the writ He lsnen read The
writ commanding Allan Mcdonald to bring ths body or
Carol ne wooc before his Court ~ ii o'clock A.
on Fridsy, the soih OF October.
The Court-what 10 the pariy's name'
Mr.. Busccd- Caroline woodmin. w-ood.man.
inc Courtrbst h not nessssAry, kr 5ustecd The name
10 enough.
not necessarily supposed 10 be within the knowledge Of
Court Counsel pexi read the adA, Of Mr. Hea the
|
Mcdonald and requested permission to see Ms wooduan;
thai Mcdonald refused him Animation ths he tHearnel
Proposed 70 see ne lady IN We presence O. ncDeoa and
where abe .hs vri should be Withdrawn. bal hat Ar
Y; Van bergen fsid thai Tho amdAvis con'sIusd lrrs
Tho oourt-whA. Is ytur return 10 tho writ,
NJ Van Bsvssnrhs counsel has NOT YEA arrived, and
the counsel having been taken sck ought 70
have reasonable lime, and should no be driven into the
necsmiy Of appear ne here today under these orcum
Nr Bchlss-fhe statute on The subjsct 10 qnte voan.
mnous bui e ftrD eighth section bears particularly on
sSs brpr ns sody before me oou II oSsaisoos % e
wr Of habsas corpus except In the Of sioksethst
10 tbe only exception the law allows
The writ 10 served sha rofuse negcot bring the body
before Ne Court. and no excuse be made fov sach
negleoi, attachment shah issue what d Ne return
NJ. van BssssD, you are here = counsel.
Mr. vAa Bsvgan snd he s0 oaiy soang - attorney.
BE submued tnAi the delay vAs sos unreasonable and
The Court-And 90 has persen In crstodya right 70
hesdou, usess can be shown to The cosfrary.
discretion Of The Juase-if be had any ssd imposes
penalr OF 81 600 be refuses I, past writ OF habeas
hr, Van Bsrgsn objscisd I, the petition.
Mr. a,kks sus nted that question could arise
the petition sf<r he viii has Issued
The ooaIi--rhc same rac maa app V this lady - 70
ssy oSher person The wfn OF hsbeas corpus IuaTnes
hsa NE p.rssn restrained Of her liberty snd cor des
Ing that personal liberty one Of ths highest privileges 20
~ Van Bsrscr~So,~rh,tandlus hat oar Hooor vii
prsni thss have rshi 70 reasonable time. hare no
interest IN the matter but 70 protest. TIE LADY.
Mr. aftics-fne council viii nos ,sniure 10 naie.
nicer or this oeur, shas he retained by ihs lAdy or
her Isquest, 10 lepr@trt her
Mr.. Van Bnssn-Nhsr the qrerson 10 properly pni 10
nc WIN snsvua
The oour,- II sasute !, pcrcmpory. there 10 not
,unciens o. cuss Tor tns non appearance OF he parry, IN
attachment mutt sue
M van Bergen bad an orj.cton 70 mare and that wss
thai this Court had no rhoiction
ire uour-Ko jurisdio ION (suTttor.) II Judye o.
the ~ spreme Court taS jursdeon IN case OF tnis
hind, Ishoad be flsd to hear H.
Mr. Vac reysn read the ihiry eighth section OF the sa
and that The order urt % uef BY ths on ser
IN the sonny In whcn The prisoner 10 detained, or ~bsre
tsere tcer Authorised 10 is9ue tbs vrit In that
county, and the p,snon ~as made in suo her county.
he afidsvh t the rsry stating aai there Sas a, such
emoev rot presented.
Mr. sxhle, eon,ended lhst IKE the K,rg's Bench In
Fpsazd, which hsd ursclo'ou the vnoe o,uusry,
20 Inc suy rene Court has juxsdcon ali the sac
TIE Court said the, Jsdge O. the Supreme Curt nad
ise power OF ssupg writ for any county In the state
and directing the parry 70 be hrought seore an oneer
sroibev county Tbis not local court; ba oourt OF
the STATE Of New York
A. ,hs sisre or ire urop< edsps Mr. J,mss Brady