New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-28
Istp11prk DAILY Gribm,t&
LAW LNTELLIG ENU.E


In re. James Divine.
James Divine was cent 10 Blackwells Island on
barge Of petit larceny the conviction being had Coat Of
Special Sessions hsd by petit Justices The says such
him brought before this Court hbeas corpus and asked for
his 1 on h ground N6o OF the Conviction Illegal
for Divine; Mr. sedgwick opposed.
PROSTITUTES NOT VAGRANTs-IMPORTANT DECISION.
In re- Catherine Forbes-The petitioner in this case
was committed vagraht in being prostitute" The Court
decided Saturday that the prisoner did not within the
require of the Vagant Act and ordered her discharge As
there hundreds con6Ied Backwes Island sm
lar charges the induce the learned Justice in his
decision will be found interesting They viii be found Ia eheaio
Ia the following opinion
SUTHERLAND j. The Warden Of the City Prison returns to
tn whit # bsbos alo~et by me IA this lnate acopy
the Of commitment under which the prisoner ~as re-
ceved hs custody and by virtue oil which she held ana
After hearing counsel aud giving the subject the most
pone public interest have come 10 the coneus N t1at
that prisoner must be dchei the ground hat does
pp the face Of the commitment that th prisoner mas
nvcted Of beog ysgrant or indeed that she has
been convicted for any ofeose or crime whateve
The queon the face Of the coomit ent ans IN THIS
The warrant of commitment; (which under the hand
seal of Mr. Quackenbush the police s es OF this
city, only in due for leces the CONVICTION Of the po er
competent testimony OF being pay 70 sta,e
aid pee y tn fact cIcumsiances or con1ors winch made or
cous the prisoner vagnt and compel Mt proof OF
which b, assumed that the hitting magistrate deter
ed that the sone was v?srsnt Toe words Of the com
il peter noDy made before lawfully convi;ted Of
being ya ant IN NJ 20 nit ISat i = s"Eon IEo. Int
ms be made and fled and i sPPe1rns to me o the cause
&C do - snd Diet. Tmiue that she be e. mqttted &c"
he commitment then its face presents this ques ion; did
competent and st.fay testimony bat he prisoner was com
mon prostitute and Idle person authorize he vcon and COM
mituent a vsgrsn There such common law odtnse
Ss is sn persons coming within certain description
defined and declared by the sttut are cleared TO D. yag t
and provision is their ti convict and mprs1n.
me1t We two such statutes By the Revised Statutes
Ti5ie means 10 GisfGia eselre lire ,siout empioymen
all persons wandering aud lodging in tsyen groceries,
opeD cir and not giving good of themselves all per-
wandering abroad and begging or who 60 about from door
door themselves in the streets highways Other
as sncb are not ed in this statute and
9Th ugh they may be- and are perhaps most hley to De- or to
bee vaauis within description Of the statute yet it
plain if prostitute is lawfully convicted OF being
th ststute she be convicted not merely
con bu timeny thst she is com
idle that she is both
pr ,tute idle peron This statute does not aTe com
idle persons lire oiot employment and yet hare no
which from its title provisions would appear be confined
in its operations to the City Of New York Ali common pro
tutes at9j employment phsreby % mantaa them
% are Il pr afd tsa nn se P sb
bit by this prou ion neither defined de Jared
t. be cline BY the certain cass description Of com.
mon pros declared TO ne warrants Every word which
this makes part Of this description is material
The NJ estrae acting under the had right disregard
Of hat description de has no right thns to say
act merely because she is idle idle person without
proof Of any oheI fact or rG be yasant Sitan
rotmni oheby 10 maintain heyseE These words imply
and rrebsby Inetps more than ha5itua ilene, They i'm
ply lk Of any awful busioess occupation or means
wI.rby T. maintain herself pliu thi. substantially, the
san word, used in the Revised Statutes in describing the
KIND Or class Of ide persons detsdeo 70 ne tb int,
hsve declared all other 20 be Migrants The oo
moral ell or 10 reforn lie individual out proe the pabic
against crimes povety, distress plIc burdens which
These stner drcariDga certain cas description Of per
sons vsgIan authorizing their conviction and punithmen
description Of persons to be dis rde rous and Authorizing
tir arrest SUCH in fact rather Of the nature OF public
regulation to prevent me and public chsr!es aud burdens
then Of the OF ordinary criminal laws prohibiting and pun
ishug al a acts a crime or crimes.
II the condition Of pesoa brings bin within the description
either the statutes eog what persons shall oe esteerd
condition his fault His udyd liberty
& sbc nece The pubic good SHY these
anc he msIy convict without jury in derogion Of the
be Construed strictly and exc ut carefully in favor Of
liberty Of the eilz-n TLeI ecnpon 81 who sha
the agrae their execution almost unchecked opportu
nty ARBITRARY oppression car.less cruey THE main OBJ
T purpose Of should be kept constantly in view
and tire asate shoud be careful ADD before cooviclng
that the person charged with being vsan shown either by
hi or her confession competent testimony to
aety within the description Of one Of the agt ee opinion 81
Edonis Circuit Jude In The People agt Philips raTser
Grim na Reports IS In this there lie not the least
.Ie not in eoGd faith and with the of
susy d.chsTeng his DUTY But record Of the conviction
near profsb has beel ed in the Clerks Ohi,e OF
he out Sessions required by the Act Of t33 and the
t ~ Apr 10 1895 IL; and theei only Look
10 the of commitment to whether the prisoner was
fully convicted Of being y1gTa,t g. o. any 1e OF qne .e
does that the prisoner uy Convicted OF being
bs. vet declared PROSTITUTION or ideness to be crime
and think the above stated that the dterminat
he sstrae a, PROOF that he pms ner as common
prostitute and idle person authorized her conviction as vagan
Tbe p,isl nei Their fore must be discharged.
II not be necessary exai the other question raised
W tile a. Wit whether the pis Her should be dchtged
On he grou1d thst Of conviction has been flee as
qrii'o by the acts brior. Ie.erTed to- .,. o..,,rr
/, IT A AIsDEMtAhoR 70 lSiEND TO PICK PoCktI'
TIL People agt Morris Harris
NJ v. f. Howe applied for an order that tuls pfls
rc ~ DO was uoiteito Blackwels Isla - Picspock
cha I'd On await the dec Of the Appellate Court
The prisoner 0rted by Deeci Fse5, Sho before the
ohe vel non pkpookt 10 crogd at me, stepping 70
an old SI ,nSI poIs a ey Psus quo O'' m
The Office arrested pisenel- and on giving tne above test
uoIy ne Justices sent the prisoners to the Island iof hIee
Bc at the time Of " oqnye,i, n, oSee I'd to the jas.
that 6ey t.np,ed t. pckpock~ts which the 81 uts
LAWS OF 1850 Chap 5O3 requre an st"d that ne should ap
he coyj AID evidence md for prisoners dtchlrge under
the ~ tute upon the aiow lce Of su n wit
ngb that III Od rot be granted produced the Ger lhcale
Of M johnson Cr Of the Court Of SESSIONS snow n ma tnq
gto get their hands into the pockets OF on old gentleman "
M Howe octd to the certificate being evidence the
only which could be received would De tne "lue
I j3 lid this was the under the new act
and - v.ry important He did not consider thr Ih
cate evidence sud should therefore ao" tie "t ana oioe
Ihe prisoner vas discharged.
Before Justice LEONARD.
DECISION.
Benz. II .xtnn and wife agt Wm. HaEtun u al
Deceit be settled IN accordance with written decaon
sURRoGATR,s CoURT-AuG 27-Before Surrogate WEST.
CHARITABLE BEQuEsTs.
The viii Of Sarah Riley widow Of . e late lhls
Rcy been submitted Hiscotestd She makes the fol-
l"~li chaiheble btqlestsi, :, ..,,. V.,. slOo