New-York tribune., 1869-05-22
TIE COURTS.
THE PEARsALl-o'CoNNoR CASE.
ARGUMENT BEFORE MIR. JUSTICE CARDoZo-
GREAT ARRAY OF LAWYERS.


last the vrts OF habeus corpus and certiorar issued In
favor OF the petitioners held on charges Of keeping
baiv house and OF contempt OF Court in assisting their
si,ter Mrs MeGraw with funds to her child be-
yond the jurisdiction OF the Court brought before
for the prisoners number OF counsel we're IN the court
room, among them Mr. Vanderpoe hr: Graham M MI
Sheat Judge DOWlng, Dstrct-AttOrney GafNln ana MI
Hutcugs for the people, and Mr. stOughtOn andOthesas
dBlici clUiG. -,
Mr. justice CardOzo asked the DistrictAttOrney If he
had his return 10 those writs
Mr. Garvn stated that he had made his return those
Mr.. Townsend that he had intended on the last
day 10 take certain exceptions 70 tue returns 10 @
bHt the Courts refusal 10 hear him had prevented nm
from making them; he asked the Court 10 alON lhose
exceptions to he entered as Of that day. ,
Mr. Justice CardOzo said such course was n0treguaT
Mr. Townsend could make such motion as ne saw NJ
hr townsend asked that the warrants DC prouvu d o
which the arres, was made. AFTER they were pouuCsu
Mr. Townsend produced traverse to the return OF Inc
DistriCtAttOrney ~,
The answer of Anna Pearsall to the return 10 tho
writ Of habeus corpus this day made shows tnat sno
denies tlrst Ihat the Justice nau any , o
charge Of criminal contempt OF the supreme court oPc
Oud, That there any competent 0rsuhcent
before nm showing that she had been guilty OF any
criminal contempt OF the Supreme Court 10 autholz9 OF
ther answering said return defendant says that he Is
entitled to discharged from custody under sald wal
is not in due Of law and void In that the particular
circumstances OF inc eehte are not tneGiu % @ Se h @
notified OF the accusation as required by staute lhltu
becuse IL anpears by tho return that the warrant OF
commitment Is simply commitment for examination,
and she has been detained elght uayb WITHOUT
SXamnatun which Is contrary TO the spirit and meaning
nj onr laws Fourth because it appears by the said
turn that detained III the City Prison whereas ~
law, If imprisoned at all upon such charge, she hhouIu
have been imprisoned In the CountylJail
As further answer to the SAID return 10 INC VIII OF ma
corpus the defendant says in regard to the warrant
OF commitment charging her with ''keepng a bawdy
house." that She denies, first that the Justice had any
authority 10 issue warrant Tor hcr arrest upon o
charge OF keeping bawdy house, second, that there
any competent or sufficient evidence before nm
showing that Size had been guilty OF such criminal Of
fense to authorize justify the Issuing OF the warrant
for her arrest on such a charge thrd' that thele
was any Competent or suniceht evidence Dtl9tS nm
showing that she had been guilty OF the onense OF Keep
inc bawdv house, authorize justify the issuing OF
warrant for her commitment Tor eAamhatlon on suS @
charge Further answering sad return the uelehuatsa
that she is entitled be discharged from custody under
the warrant Of commitment charging her with Keeping
a bawdy house" First, Because said warrant Of com
in that particular place where the oense s charged TO
have been committed does not appear upon It's
bawdy house within the limits OF the state OF New
Yrk Second, Because the CRIME OF Keeping DaWdy
house II a crime Is most msdemeanOr, and she IS
therefore entitled 70 waive an examination, demand
jury tTla and be admitted to bail. -,... A..
Mr. Townsend then asked that on the commitment the
MIR GRAHAM asked Mir Townsend If ne had proved any.
thing stated in the petition. He understood that tho
petition rested the ground that they had been denied
mn examination. This haDcas corpus the nature
~ a writ of removal Ills Honor, Judge CardOzO had
a magistrate the 9th OF May Issued these warrants
ON tie lSth OF May MIR Townsend procured from Mr..
Justice Cerke writ OF habeas corpus TO take u out Of
the hands OF the magistrate before whom the case was
ySrif Frfurna6e before lis Honor. this would
not have been issued but for this statement dt the stat
utory rights Of these were denied Unti that pre-
mary defamation was established, the Court could not
enter into the question OF the guilt or innocence OF the
~ i-5tI when Judgs CarlCZo said: have no doubt
Mr. Graham you this; but counsel Oh the
MIR Townsend then read the petition TO show that the
statute was literally complied with lie had followed
the statute carefully N drawing the petition lie da moi
quite understand Mr.. GraGam's point
Mr. Graham restated it, The petition rested on the
Until they proved 10 they could not proceed -,
Mr. Townsend said he would place MIS- Pearsall on the
stand ths point though he was embarrassed by the
fact that Judge CardozO might be necessary witness
Mrs Pearsa then was sworn anu testified am one
Of the prisoners confined In the Iombs have been
there two weeks slept in the sixth Ward statonHouse
Thursday night. -,
the newspapers by you, for ali eXaminauonf
The Courf-Tie question IS improper and IS ruled out.
MIR Graham-YOu have alleged demand In the news
Witness resumed: have been here within the last ten
DAYS; did hear my counsel make an Application Tor
= Mr. ToWnsend-T was your counsel did you not hear
III AZ ia' Pear,IiYrs heard you make such demand.
Mr. Graham objected that this WAS after the issuing OF
Judge Cardozo-That was after the issuing OF the writ
the testimony Improper and must be stricken out as
Have YOU ever personally made an application for
a I have been in prison; wrote
Judge CardozO said she must answer tho question dl
recrv Had she ever demanded any examination Of him
"a No air: never spoke 10 you before.
Mr Townsend offered 70 show that the demand was
made through the public newspapers, and was
matter Of public nOtorety.
Judge Cardozo-I refuse 10 receive II.
Mr Townsend then moved TO discharge Mrs Pearsall
from Imprisonment the charge OF contempt, the
ground that the statute relating 10 cOntempts, after re-
citing the for which persons might be Committed
that the warrant OF commitment should state the
particular cause Of Ofense The commitment on which
they are held did not SCI outany one OF these cause
No notice OF any kind had been given them OF any ac
cusation with which they stood charged.
Mr Graham SAID he 9ad much IegreeG m tne prefpmTh m
had statements IN the newspapers IRON HIch II
appeared 20 him that cOunsels zeal had blinded MN
Commitment IN the section OF the statute Ieierea 70
The final commitment after Investigation or sentence
Where were the cOuuses eyest III seemed that rage OF
desire TO mako himself martyr or an Atas CIusou M un
der the Of the courts, had blinded nm DOth 10 the
facts and the The statute referred 10 was tOf the
punishment or cOnietnpts cVllteI Inese PeisUus
arrested for criminal contempt On such preliminary
commitment before examination ID criminal matter
tie Court could admit TO bail The law which he had
seen In OF the newspapers was Dad laWi wa, he
counsel who would undertake such case. The point Of
the counsel could not stand.
had never up case so cooy had never been ess
excited in argument lie held himself Iespons1Mle M or
nothing that appeared In the newspapers except the TO
pVt prSo ~ Caroyo ipterruptnp-Whch s grossly inaecu
rate Sir. You will proceed with the arRumentl
section from which he quoted was not commitments
for tie punishment Of contempts but Tor commitments
Tine Court oyerrucd the objection on the ground that
the under different statute, which MI. OTa-
Mr. Townsend then moved for her discharge on the
warrant against for keeping Dawdy house on the
ground that warrant in not stating that II was IN tho
State OF New York, stated no onense Whatever.
Judge Cardozo said If that were an objection 1t could
easily be remeded by amendment
Judge Garvin read the warrant 20 show that the OBJ
lection was unfOunded In fact.
Mr. Townsend then moved 10 discharge Mrs. Pearsall
on that charge the ground that she msdescTbod
as Mary Pearsall.
Judge CaTdOzO Overrued this mOrion stating that he
had evidence before him that she had passed by that
name, and IL was a matter which could be amended.
Judge GarvIn said If he would give them the real name
they could insert II.
Pearsa on bail ground that she demanded jury