The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-01
The Domestic Difficulty at the New York Hotel.

II Confined by her Husband az an Alleged
Lunatsc-The Return to the Writ and Am
davits I'm support thereof-Interesting Lett
ters from the fair Captive to " Bsbae Fur
Mss her Champion and Friend.
SUPREME CoURr-sPECIAL TERN.
Before Hon. Judge Roosevelt.
Oor sl.-In the Natter Of the Habeas Corpus Of Caroline
Woodnan confined BY her husband alleged lsmatic-
This continues create great interest from the pecu
liar circumstances with which is surrounded. officers
stationed at the door Of the very small apartment
assigned for the Special Term of the Supreme Court and
admitted none but those whose business called them there
Mr. Buseed commenced by referring to the proceedings
Of the preceding day. and requested to know what dspos
ion the Court made of their application for order for
counsel to have an interview with Mrs. Woodman.
The Judge said that after consultation with his associates
he 70 the conclusion that he could grant order
compel anybody at Flushing or anywhere else to ad
for him TO add that Mr. Justice Mitchell had stated that
he had to TO Flushing this morning. and expressed his
Willingness TO visit this Lady, and report TO hm (Judge
r., and he will do SO on Monday morning. Counsel,
however might proceed with any other portion Of the
case that did not pertain to that point.
Mr. Busteed asked that the order presented by him to
the Judge evening be made part Of the record.
The Judge said that counsel had much right go
the asylum anybody else and they were obstructed
they had their remedy.
Mr. Brady said he ready to meet the case of the
production Of the party and should move long post
ponement Of the case. Mr. Van Bergen would read the
AFFIDAVIT in the case
III.
had right to read any affidavit until after they have
complied with the statue and put in their return.
Mr. BradyExcuse me- The return is the first paper to
be read Then propose 10 read proof that the lady
not properly be brought here.
Mr. BusteedThen say that by the statute your honor
receive the return until the party here Mr.
Buseed then read the statute the subject and said that
the party must be here" brought - in the language
of the that he she may in to the
writ The duty of the relator when the party is
brought up and that party is to make the answer How
the writ to be avaed of it violated in the outseR
Arcsn nfalf fhat ha hpnt hara
Mr.. Brady said they meant TO place themselves under
the greatest restraint until the proper time arrived to
characterize this base and audacious movement He
wished, possible, TO avoid an exposure which would
crafty scandal mongers. would be fortunate II this
could be done not only for them but for the parties who
show great deal of courage now, but will be craven in
the end IT rather paradoxica that they must not
show that she need not be brought here until she has
been brought here. After some further remarks Mr..
Brady said that il was well known that il is common
practice in New York for OF abandoned character
apply for habeas corpus take vagrants off the Island
Court of the State Of New York would be converted into
pmp and panderer for lecher He proposed to read
the return 10 the writ.
Mr. Van Bergen associate counsel with Mr. Brady then
read the following
Mr. M'posAIps g RETURN 10 THE WRIT.
10 the Honorable James Roosevelt Justice Of the Su
pveme Court of the State Of Ne,c Pork.-The of
Allan Mcdonald to the writ OF hd6eds corpus served on
him the Goth day Of October 1857 respectfully shows
that he is the proprietor Of private institution called
Sanford Hail. at Flushing, Queens county, for the treat
ment OF nervous and insane patients and he says
]. That Caroline Woodman is in his charge patient
q That her husband, o. o. WoodmaD, of New Orleans,
the 18th day of September last brought her the p
sttuon and placed her in his charge, 10 be treated for
and imbecily Of intellect induced by the
long and continued ofipium and other stimuiants.
g. That the said Caroline Woodman Is still under medi
cal treatment and although she has somewhat improved
In the above respects her intellect remains still feeble
4. That the said Caroline woodman, yesterday, the
10Th instant informed the said Mcdonald that she has not
M any coming to the institution, communicated
with Gardner Furness the petitioner herein or requested
authorized him take measures for her release from the
institution, and that she has made communications TO
any person outside Of the institution, except by letters
directed her husband with enclosures also her pa
rents; she so stated 10 him, and to the best OF his
knowledge and belief sach is the fact.
8. That ut the time the said o. o. Woodman placed his
wife IN the Institution, giving history OF her case he
stated in substance that Gardner furness the petitioner
herein had for some time exercised an influence over his
wife preudcia TO their marriage relations, in various
ways aud that from the statement made 10 him, he be-
eves that the purposes 10 be answered by this appca
cation on 1.-THE part Of the petitioner are Of the most dis
g. That under the circumstances and her present
settled state OF mnd she could not without danger or
st further unsettlng her mind, be brought before the
OCTOBER 80, 1887. ALLAN MCDONALD
GU and County o Nelo FORK, a.-Allan Mcdonald, OF
Flushing being duly sworn, says that the foregoing state
ment subscribed by him, Il true, OF his own knowledge,
except as TO the matters therein stated nfor
nation and belief and 10 those matters he believes
them 10 be true. ALLAN AcDoSAlD
Mr. Brady now proposed read aaidavits verify that
Mr. Busteed objected.
Mr. Brady proposed read these adavs, 10 show that
band he proposed to read written request from the lady
herself asking that his Honor he Judge) would postpone
these proceedings until her father or her brother arrives
Mr.. Busteed would frankly admit tho fact that his
learned friend engaged for the hus~ud OF the lady
Mr. Brady would accept Of any admissions, and he
did not think that the counsel for Mr. Furnss should make
any admiss Ions.
Mr. Tusteed submitted that this was a most anomalous
proceeding and conended that his learned friend could
point instance where afbdavts were permitted
TO be read in support Of return to writ Of habeas cor
Mr. Brady would offer them as a basis to postpone the
Mr. Bustccd coniended that the return TO a writ OF
Aabeas corpus wholly controlled by the statute and that
there but Justification scsness Tor not hay ing the
party named in the writ brought before the Court After
further remarks, Mr.. Bustecd gave notice that IL
there be cowardce In this matter should not be
found his side OF the case Ths iadys iaor believes
this man, who gets sl0o week from tins infursted
and revengefu husband beleves-his IurtscTs cminis
IN her illegal detention, bclevcsthat the object Of Mr.
furniss IN suing out this writ q Aatsd. oopas an IN
from her to Mr. Furniss, calling him TO rescue her
from restraint They had all heard II yesterday
and the newspapers had given abroad that the most
able advocate In the State OF New York perhaps in the
world had pronounced this lady unatc and to-day he
of yesterday which perhaps was obtained Though he dd
not mean 70 assert ~ under the ash or the soft ooxg
of this Jailer.
Mr. brady said was rather difficult Cor one who under.
stood the nature Of this case he did abstain from
making reply 10 the remarks of the gentleman, but
he would his reply for the appropriate time not
that he felt any way delicate in the terms he should
poy because when the time arrives he will them.
Mr. Brady then proceeded 10 illustrate the power,
ing and effect Of the habeas corpus writ He would then
suppose what occurs in us great city constantly suppose
young girl going TO school is met by one Of these mon
wretches Of cchery and scduced and suppose her
be sent back 10 school and that writ Of habea corpus
sought by her seducer he (Nr D. would say there Is
no court In the land would listen 10 H. The counsel then
proceeded to argue that the Court bound 10
ceiye the return alone, but that may he verified by
affidavit and that the Court had perfect right 10 hear
them The counsel the other side had contended
the lady perfectly sane and they have no right 20
object 10 the reading Of her letter Even insane persons
know when they hungry, cold, hot, and all in
sane porsons have their intervals and hs lady could
communicate whether she would like 10 be removed
and brought here and subjected 10 the gaze
OF crowd. When he Nir. Brady said that hc
would not take any admission from his learned friend
(Afr Busteed) he meant disrespect to him, but he
would take no admission concession from Mr. Furnss
and would not recognise his right to step between th
husband and wife II he (Mr. Brady produced affidavit
10 the court 10 show that this lady has father and brother
residing In another State that the husband y there also
he desired also 10 that they had received tec
graphic despatch from him indicating his wishes m the
matter This lady has brother coming on TO New York,
4 al hn kxfil ~