New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-02
TIE NEW-YcGK HOTEL SCANDAL.
TIE RETURN 70 TIE WRIT.
AEfIDAyTTS OF Dr.. BARSTOW and Nr. IERRiCh
MRS woopMAN ASKS A STAY OF PROCEEDINGS
HER LETTERS TO MR.. FURNEss.

JUG e hOOeeNeI OF VIC >S~N' -
Chambers.
Messr.. Busted and Hesrne appeared in behalf Of
Mrs. Woo4nan, and Messrs Brady ard Van Bergen
IN opposition TO the Application for her reease sPol
the wit of tabeas corpus.
M Busted stated that e. the adjournment o. t1e
Court on Friday, it was arranged that some OF the
counsel for Mrs. Woo imam shoult srteud 6, the
house Of Mr.. Justice Mitchell, and obtain f.om BIS
llot Justice Roosevelt his acc SION reiinve 10 Inc
grating OF 81 order to permit Mrs. Wood COUNSEL
Ia Their client previous to the commence,
ment of the proceedings to-day. Thsy had
waited upcn him a. per agreement, and had received
his onoIs refusal for the time beng TO make such An
ctder, though his Honor had arranged on that occa
zion TO have q ull consultation on the subject
and to send word by Judge Peabody 20 the Court this
orrng early, and inform M Busteed whether the
order could be made, thus leaving the matter at the
time that they had quit his Honor, the evening pre-
vous without either the refusal the sanction OF me
Court 20 grant the order they had requested They
had calico upon Jaoge Peabody this mornog to as
certain what the Jnoical conclusion OF his Honor
but Judge Peabody had stated that he had received
10 iDuation from Judge Roosevelt that he wa u be
The bearer of any message to the counsel.
judge Roosevelt sad that after the 0ef consu'tf
| ton he had come to conclu-ion that no warraat
could be oiscoyeIed flr any affirmative order TO be
mace by I'M 70 compe. any body to admit any other
person so the premises at Flushing any where else
IL might be that tire counsel could satisfy hun that
theie warrant in law for such an order l. vas
due 10 the counsel, howevef t. say that he had IN
ded 10 give information ths morning through Jucge
Peabody after bis fIIt1er consul ts,ions with the
Genera Term upon the subject but that, Oglpg 70
hsvirg been called away II attend funeral, 1t ara
clipped his mird. At the same tune il was proper to
add that Mr. Jistice Mitchell, who was Ous OF the
bers of the conference, stated that ne was gong
TO Flushing this nlorning, and he wa willing, re-
quested, to go 20 this Asylum and see fOr nsef the
condition OF This lady, ard to report Monday morn
ing to the Judge who bad this ha0eas corpus Charge
bus if the counsel had any acion they wished to take
now he aid not consider that II shoud operate az
postpcEenent unless they Themselves wished It,
Mr.. Busteed asked that bis Honor make his apehca
tion and refusa part of the record IN the case.
Judge Roosevelt stated that the counsel ha thu
same right to see tie LADY that any person had IN
the exercise Of legitimate right and II they we're
obstructed they had the remedy. III. admitted
that ii hs peIson could be established t. be OF
uino then go fsy she was concerned every Judge
of this Court had tie poger to direct what should 90
doLe With regard to her. the statute ~es positive th$
by the old chancery power the for persons o.
in spe mind devoyed upon the Judges OF the supreme
Court. lie asked OF 1r Brady il they had any return
TO the wit Of habe&s corpus.
Dir Brady -sid that thsy we're resdy TO meet the
sIeIi question which uud tsrnined at tire time
OF the adjournment end they had prepared themselves
TO show that they had f snd sufficient reason for
lot producing the lady, and in with that he
intended 70 move for q long pOstpOnemenf.
Nil Bus,e objected 10 tho reading o. the return
until the lazy was produced IL obeoence to the wit
in order that abe might make return 10 the writ
Mr. brady SAID mat l. was uclr WISH, pOssloc.
emf n az she ok to the moral sensibes OF every
oecen being this Island which must result IN deve
opirg the real character Of this mOvemertits audac
y and its agitious base and improper motives; ana
il he could by any without wounding the feel
ings Of the lady with whom they had communca
ton and " lib whom the other side ought 70 b. pone
.solve this case into snch elements SO would enable
bis Honor 70 dispose of i. without of those
posuies that might giatfy scandaovers Ind soanda
moi gers and have it determined upon dsnihed and
calm Wow Of the egs bearings N the case 1t would
be fortunate for ali involved, and il would for
tunate for those who m iiesL attempt 10 mani
lest great del Of courage row, but who would show
tbs craven in the end The poston taker. by the
counsel, he thought, little psradoxica; it Wa
substantially that they could show lha: the womsn
was in an unfit state TO be brought here until she
fisi brought here.
Mr. Busted sad tina. that was not :ac position. HIS
petition was that they could not show by afdsvts
but by the return.
Mr. Brady raid that such was The fair result Of tae
geItlemsn's proposition He would like to see aay
authority OF law in support Of it. There none.
What species of evidence his Honor should recsve in
contideiing the matter entirely matter Of Judi.
cia discretion ard though il true that any per-
son might draw up petition to Inquire into the
OF the restraint imprisonment VI any human beng,
ard his Honor bound 10 grait the wit yet il was
equally that when the writ returned if the
CouiI thought thai was case which should BOT bs
entertained, he might demise IT l.. very summary
Way. II was very common Tor sn abandoned mao 10
apply for writ Of babess corpus Ia got prostitutes OH
from Blackwells leland, where they had been com
uitted a. vegrsn'3 ard the Judges were obliged to
quad against the result; and in any case where It
turned the. the Supreme Cour. IL tho S;ste OF New
lolk or any Of its Sudges TO be converted into
pinp and panderer pd procucr for eclsr, and that
this high prerogasiye OF the haoeas corpus was tnus
TO 10 pios.ituted the Court would at ouce That It
Wac rot diverted from the for which IL de-
spned. What The future would disclose IL tIs case,
the fGure wOu,d determine. y Wi. OF hsoe' corpus,
MIR Brsdy SAD was di-s,uei tc rersors sho we're
quired TO chow by VIVA. authority the rersor held
IN custody ard he also stated tlat was not post DO
IN all cages tina the petsoE could be bought into
cent Sickness one thing ynich inoeIvoned to
prevent the bodily pieserce OF ine party, ana ihgso
evidence n tho case. They made Oat a priai1 tscie
case AID the other side could meet it b. svsrmsns
- dsprove il IL they could
should be read but he should ooect ser III readng
tc The admission OF evidence.
hr Van Be zen read the writ a. ioloEs:
r. tie UsnoyaJe J.srs Roosgsr JB,ee 81 Tie S.i,>se
coz. ii ne STATE " Nee. iork:
The re:arr Of Allan scdona 20 TIE Of
served on Ait OF ne iEh Gay OF oeHeer, o
s toid Hal Al Fu.hit coa:y for the treatment OF
h'y@9; ' Tfs csoa syw i Il bis o. a. patient
seeoad That her htsbsod o. Q: WoSsnsn Of H.r oesn.
placed her in biz eLsIse - DC tIe;ed i sn
iI1i,d' That "a. srOre woOdaa !, III: Under med
eel .tien AID athoGsh s1' les onr M lnro'ec n ss
abcve ~. poets intellect remains ALL ieseie , 49,
Thai re al Gss TO- .sa ys S ,sS xs1
,aee coming s il.;iigtioa eou1'ln'Aed With Gardner
Tne,, se herein, requested authorized Ein
10 tske asre os hex release FOX the irst1rc AID -;
she made CONN rcstien - any Pe!-o ouaIe 1e
r.,ion exert by lo.ieI ds;ed 20 her h1soani with
r., p,o ~ her parents; she sts:o - biz, Az 70 se
-, II hi, know ee &c saj belief sea ia :be fac-
Pm. TIA, The :cne the sal y D. WoedGsn scst his
Viz N the il ,iu;ion siyD history Of her ~ ne s-asd
4. .ubs.rce Ina: CaI5nc. Fumes Ire Ieoe ne1eir lad
~ tns trs exercised insssloe over hs ws Pre dis %
nj, arrs.e relations IN and t1aI iroa tho
Snt \ 'e 20 BE believes tas; ne purposes 70 d. an
v,,ra by Application the part Of the Icsoar axe Of
the no 4 Jishpn0fLble chsHsctss
SEA Ths; uGicr the ccsrsianee sat a Der present. an
,.d Il mind sac could n9 ~i.hlt Ghss4 ~ 81