The New York herald., 1869-05-22
SUPREME couaT-CHAMBsRs.

The PenrsaII and O'COnnor Contempt and
imprisonment Case-Intercsting Proceed.
fnss-Adjournmcnt Of the Case.
Before Judge Cardozo.
The case Of The People Us. O'ConnOr ana Pearsdu
charged with criminal contempt ana for keep
ing q bawdy house, came up yesterday before
Judge Cardozo. Considerable interest appeared to
be manifested In the proceedings and the court was
densely crowded. The prisoners were present.
District Attorney Garvin, with Messrs. stoughton
and Shea, appeared on behalf Of the people, and
Nj. John d. Townsend for the prisoners.
The District Attorney said he held In his hand the
return TO the habeas corpus which had been ad
journed week SINCE
Mr.. Townsend observed that when the case was
before the court last week. after Judge Card0zo had
overruled his motion to discharge the prisoners
upon the return, he was requested not to say any
thing further, under the impression. he presumed,
that he was about to interfere Improperly. He had
proposed at that time TO Oner some exceptions to
the ruling OF the Court and he desired to do
He asked to have those exceptions stand.
Judge Cardoza thought that would not be proper.
II counsel desired to make motion now he could
do so.
Mr.. Townsend asked TO see the return TO the writs
Of habeas corpus aud certorari and said ne saw no
return except the two commitments by Judge Car
dozo. Tie return 10 the writ OF habeas corpus was
q commitment TO the City Prison for examination.
excepting q bawdy house." and with 20 crimi.
nal nal seoaemPs Nsw S ne 9r s,gsa Court ,eS
writ OF cororari an aiidavit OF the County
Clerk. to which was attached warrant signed by
Judge Cardozo setting forth that 1t appeared to him
that these women had been guilty OF the offences
above stated and ordering their arrest.
Judge Cardozo-what return you have is there.
Deal with them as you see nc.
Mr. Townsend-in order that the record may be
made out, at all events, before anything further
Iaatr m AoA fhn Srug tat In
return. Now ask the commitments that the
prisoners be discharged. Under the statute
Mr.. Graham tnterrupting)-Mr. Townsend, do you
prove any OF the special matters alleged in your pc
titionf As l understand 1t, your application for
writ OF habeas corpus Is upon the ground that these
two women were denied q statutory hearing. This
writ Will have to be dismissed II you don't prove
that
Mr.. Townsend-I don't understand You.
Mr.. Townsend then introduced his traverse, OF
which the following Is copy.
=. The answer OF Anna f. Pearsall TO the return to
tine witt OF habeas corpus this day made shows that
I the Justice had authority to issue the
crmns eonsmp, OF The Supreme coup P"" '
sowSS . ssy hsons%r s or ~
soD,emp, Of the snprsms Cour, % authorize Justify the
Further answering said returns, the defendant
says tnat she s entitled TO be discharged from GUS
tody under said warrant OF commitment.
Fa-Because said warrant Of commitment, is no, in due
form Of law and void In that the particular
Of the offence not therein set forth required BY statute
tion, a. required by statute
Tl6d.Becau.e appears by the return tina. the warrant
OF commitment IL simply commitment for examination,
that she has been detained fourteen days without
laws -
a @ sppesr by The said return ,na, she
oaned In the City Prison. whereas by law imprisoned nj
such charge, she should have been imprisoned In
further answer TO the said return TO the writ OF
naueas corpus the defendant says IN regard to the
%wn.,an. % pl commitment charging her with keeping
bawdy house." that she denies,
Jusfir h.t.
house. "'eN VI ~'eP"s "'"""'
second-Thss there any compe,en, or suncen, evil
dence before PIN showing that she had guilty OF any
rant for her arrest on said charge. " '"s W :" ""'
Thfd-That there was any competent or spmc,.c. .,,
Sence before him showing thai been guilty o hc ~
fsnce OF keeping bnwdy house authorize or s,ifv e
issuing warrant Tor her commitment sssmns,on on
such charge WI
Further answering said return, the defendant savs
NAT she 70 entitled TO be DISCHARGED from custodv