New-York tribune., 1869-05-26
THE COURTS.
rur pEARsALIroCoNNoR CASE.
suPRENE T-CHASIBERS-BEFORE MIR. JUS
TICE CARDOZO.

IN re anna II. Il CtISdtt NHW OOuH"W " WV
nor-Mr Fabb, the counsel for Mrs McGraw on tho
habeas corpus proceeding the child the opening OF
the Court rose stated that his connection with that
nrocerdnR had led him 10 have much knowledge OF INC
opinions and thoughts OF these women 9nu o liz that
soual honor he would state that he GlI not 9eo % ' %
they had any knowledge OF or comphIy WIN urU t
narture Mrs. McGraw He made TINS statement hOu
s their COUNSEL but what he thought his duty as an
officer of the Court Had he been their eouuse ne shouu
have recommended to them frank statement OF tne
facts 10 the Court throw themselves Oh It's justice
mercy. - ,, ., .,, 4, o,s,,er % the
suggestion yOu have made, that have at all times Deeh
ready and willing on any proper representations 20 1ne
from the charge Of contempt on any reasonaDIe
proof either that hey We're opSay HVTSas as I evons
their power to undo the wrong which they had com
& & Uesbs bsrSsof V Keeping common bawdy house.
should also, at all times, have been enurely "IDk
10 accept such bail that charge, and to exer-
cIse such mercful consideration in that respeet
as TO bring the amount within their reach
lawfully might IN the just discharge OF my uuty uu
the difficulty Is that they themselves and their c0unsel
not agree with you respect TO the wisst course 70
the law and to defy the Court While might listen as
certainly would with the greatest M net
suggestion, yet you are not their counsel % t6St
lit IL proper and might add enuseS having
you as reputable member Of the profeSslo%h % ns siG
been engaged in the civil matter, should make 0 BUS
Eesllons. .,, 81. ,,, oor,so1 he desired to place
himself in proper position. He had sppeaeS" ~ ~ ye
these women. charged with the m % bSd al UsceS
M which tbey said they were not guilty; ne nau PV@eV @
Implicit confidence in their statements haI tnes m % tiT %
been guilty Of contempt IL ~ It SnVu p9ontempt he
d h he first 10 withdraw from their case As TO the
@ oeI ossiTd 70 waive an examinations for Mrs OConnor
they could show on an examination tn"' BIO ""' "0'
guilty y r said they could have an examination II they
desired NJ or cOud submlt the matter on aihdaVts lie
@ -, them and If he TO the conclusion
that they were % Of contempt they they To9d TS9 co@ be-
itred one could not correct its
but nad done Tha{ @ theg SDS% Within their means
Mr. Townsend asked II that decision shouq DO aVeiSo
70 him, would they then be allowed an examination
Judg said he would allow IL H. alleI "a Colu-
parson OF the adayts with the testimony IN ms posse
sion against them, he should not think their &
satisfactory 81 would in that case be- perhaps more l
90 have the testimony against them read -, ~, ,.sor
Mr. Townsend handed up the aidavits OF MIS- Pearsal
and MIS- oConnor which are the same as have already
been published aud they & Ge6y Isa GII n fsnS tie child
away or even Of any knowledge or Suspicion OF an
the Court He then asked the Court whether he would
be permitted waive examinnabon Tor Mrs feHIsa,
must either waive for both demand it for both AitT
talking with his clients Mr. Townsend waived iOr DOLL
against both MI Graham suggested that the an9aNtS
mad Notter read. and after some diseusslon nj l"A
5siay Of a few minutes, Mr. Graham ,ose ana
IA sy, sl IN which he said ne WlsisH - sl.i. t, ~
nd become a voluutary aid 60 the blsihct AtloihSy
lis matter He claimed for himself an entire !nae-
ience toward the judiciary, and power Of marking
asncv the line between the respect due to the judicial
Ul,e whether exercised by the worthy orhnWOIty @ a@
,n.! Tc 6ad always exercised it. Mr. Townsend mad
asked his advice as to the course he should pursue IN
matter. AS Mr.. Townsend had chosen TO
ate the secrets f5orrSt c0B'eGSSpO1 6e RaG eSt ii
-svcal this conversation Dlr Townsend nad DtEiaN
his advice He Mr. Graham had told MN II was nor i
i@it1debip Mr. townsend had contracted, in great
measure through himself, with Judge CardozQ; He dI
ard 10 secure the triumph Of brotheL NotWitlstandhg
His advice Mr.. Townsend had assumed the defense IA
spirit of oncnsIvcness uueXampled. He, Mr. Graham,
had found I'm paper an aItce rejecting ON one he IT,
speced as man ana admired as ludge ~ tnat afuIe &
conversation with Judge Cardozo the latter had Informed
of the HIS Honor had uHDOSOmcQ 70 MN the
emotions Of his heart. There was struggle between
Luuanity and duty The desire 70 leave the child with
is mother and the duty TO rescue the child from
or tho Judge Cardozo had appealed TO him for
.ho two prisoners had brought TO their broIhel
ileir own sister and her little child, with their mother
its guardian. Could the Court Tolerate uat inc chld
should grow TO become aprostute rexpOsed 70 such
influences. Tie whole OF them supported from the
earnings OF Ihs piolhC' ll!Vo wa q NV ~ @ oI
the money which enabled the evasion 10y the Oher
he claimed the affidavit evasion and might be rue
yet the charge true Who supplied the mother and
Townsend assumed te relation Of counsel 10 them Did
he conduct himself tn decorum as counsel The deco
rOus would have been 10 apply TO the Judge ssu
D1ied for Writ of habeas corpus baslng il on false
hood most offensive, not so much expressed as
implied, that they had been imprisoned in denial
OF their nights for seven days without examination
Not only that the rUmpeters Of the press
waiting for that orderly proceeding in the Court which
would be duly presented Ae entered mo cIahdesune
correspondence with the press. Whether he was tho
author Of what appeared or not he had not contra, ira
open Court on Friday last Mr. Townsend had consulted
of the best members OF tne par iJuuRo MtcucL DuJ
dG he lay before him all these facts and was 1t not on
them all that that member Of the bar had advised him
Ne Graham denied that there had been delay by the
Court in the matter. lie SIR. Graham here to vim
dicate the Court The District Attorney had demanded
the Court his right TO delay 70 prepare his defense TO
Mr. townsend at the conclusion of the speech, half
rose from bis seat but before he could actually be heard
Mr.. Justice CardozO precuded him by reading state
meDt Of which the following 10 the suOsance Whatever
conclusion he might reach the prisoners would De ADMIT
ted 10 bail His duty then 10 transfer the papers TO
the DisrctAttOruey. This not the first time that
testimony IN civil proceedings had led him 70 inquire
to the Attorney. While he hoped that the occa
sion would never again arise yet he would never fail 10
matter had shocked him, and when It was
brought 20 his notice that there could be
women abandoned consent 20 receive into their
brOhe for tho purpose OF prostitution one OF their own
sisters young and barely Of full he thought he would
be unworthy Of hS high trust nc did not do his best TO
destroy that pesthOuse Reviewing, was his habit his
ne attempted 20 tho child and mother
from the destruction OF soul and body TO the
present, be FOUND notlng 70 regret ana nom.
Ing he could wish had been otherwise. Nor
had anything connected with the matter disturbed his
equunlmy. Not even the perversOn OF conversation
Of friendly character, in which friendly advice
given 20 an officer Of the Court OF his duty given 20
one who under obligations 10 bin for courteses and
eivites beyond the mere demands Of judicial
81 the introduction which made him known 90 him.
He had thus done what be could sustain the dignity
e the Court and preserve it orders from defiance As
hams he would cay 10 those who had encouraged
youhR woman irUm tHo STATE when 6sked
To reform, that asuGediy they would have tQ submit
the Court the proper officers would see 10 it that they
we're uht before that Court whose powers and sym
pathy they had dened.
edlUurncd
BANKER SEEKS TO RECOVER s5ooo.