The New York herald., 1872-11-05

Clanin On charge OF having forwarded obscene
literature through the mails, but early in the
morning it was ascertained that the Grand Jury
had found bills OF indictment against them, and
that this action would take the matter
entirely out OF the hands OF Commissioner Osborn
and obviate the necessity any inquiry before that
magistrate. The general public however, did not
know this fact; ana at O'Clock the doors Of the
United States Circuit Court room. in which 1t was
expected the examination would take place, were
besieged by crowd OF persons striving to gain
admission. They kicked, thumped and knocked at
the doors, demanding to get in, but I'll their
efforts avalled not, as two deputy marshals kept
back the crowd until the prisoners and their
counsel. the Commissioner, the District Attorney
and quite an array Of reporters were accommo-
dated with seats.
When Commissioner Osborn took his place upon
the bench, he directed the
DOORS TO BE OPENED,
and in few minutes every seat In the apartment
was filed All eyes were Immediately directed to-
wards the persons who have succeeded In centrng
upon themselves even In these days OF political
excitement the attention Of the whole public and
deputy marshals, made up In the shape Of war;
rants, which are, to most people, very undesirable,
'ns The 10 sn
cOwed, but Tennie @. bore up bravey, biting her
lips, as II in contempt Of the whole proceedings.
Commissioner Osborn-I call the case of the
United States vs.. Victoria woodruff and Tennie g.
Claflin.
Counsel for the prisoners said-we are ready to
proceed with the examination which was ap-
pointed for one O'Clock to-day before your Honor.
this morning the Grand Jury have found bills OF
INDICTMENT AGAINST THE PRISONERS
for the offence with which they are charged. On
these indictments bench warrants have been
issued from the Circuit Court. These will be placed
I Ia kaat a in
Your Honor.
Commissioner Osborn. addressing counsel for
prisoners-The Grand Jury have acted In this case.
They have found indictments against the defend
ants and bench warrants have been issued upon
Counsel for prisoners replied that he could only
say the announcement would have come upon him
with surprise If he had not been in Court In the
found. Mr.. Reym0rt and himself (cOunsel), on be-
half OF those prosecuted ladies-and he used the
word advisedly-had prepared perfect defence
they were prepared to show His Honor
that this wn the &c aimed
it were held to be obscene, then the transmission
Lord Byron, or any edition OF the works Of Shak.
speare would be liable to the same objection and
dom o III
would strike with . force the real effect OF which
no one could contemplate. These ladies come here
paper throagh carefully word, for. word; he
| had not yet seen the indictment, but he was in
carefully omitted from the Indictment. aud that it
Is the charge against Mr.. Chals that is referred to
| therein. They would show that there was not
A WORD OF OBsCENTTY
in the paper, and that there was nothing whatso-
ever in 1t contrary 90 the act Of Congress-. His
where magistrate had case under investi.
cation, If the Grand Jury should find bill
formiy qaashcd the indictment because it was
mark OF disrespect to the officer before whom
the IN invss5igation ~ was proceeding That was "a
behalf Of those prosecuted ladies was that they had
o perfect defence and they desired to express
through counsel ana through counsel to the Court
and the public that they were the
VICTIMS OF A CRUEL PERSECUTION,
dare not come into court Itself to expose its
malignity and which sets this Court In motion to
hide it. Those ladies' were In custody. and
bail. Mr.. Reymert who Is with counsel, was
somewhere else, and perhaps he might have
came into this Court for the purpose OF entering
into very convincing defence and II they were to
be prosecuted on this charge the Holy Bible itself
SOCIETY FOR THE DIFFUSION OF THE BIBLE
| had better close their doors, because they were
tolerated there was no telling to what u length 1t
might go: The 1nding OF the indictment against
those ladies was nothing but
CRUEL PERSECUTION,
General Davies-It is not usual for me to take up
questions not relevant to the matter before the
Court. The counsel had spoken eloquently and
forcibly upon this case, but he said nothing re-
quiring reply from me after the statement have
be applicable on trial OF the case before jury.
have nothing to say in explanation after the action
that has been taken by the Grand Jury.
Mr.. J. w. Reymert, OF counsel for the prisoners,
who had just come into Court, said he was sur
prised to hear that the ladies had been indicted.
He had only to say to His Honor that they were
ready now promptly to go into the fullest examna-
tion Of all the charges against those ladies'. Counsel
THE PROTECTION OF THE LAW.
confident that they had not offended against Its
the dar ETY. the duty
were convinced OF having done right and OF hav-
ing certain nt M
that they were instruments ofa higher power to
carry out higher designs, which had inspired them
to work and invite the highest criticism.
General Davies (smillng)-I would like to ask
what what has as higher & conviction to do with the matter
Mr.. Reymert concluded by again urging the case
forward, and allowing an examination as soon as
Commissioner Osborne-As the case presents
itself before the Commissioners II will be unneces
sary to go on with ap examination. The object Of
the s 70 Ss Rns int hSa
which is higher tribunal than the Commissioner
having, with the authority OF the government
ments against the prisoners, l ON obliged to take
notice, through the ofiicial Information given me
have been found. It would, therefore, be q waste
OF time TO 60 into the details OF the case because
whatever decision might arrive at by an examna-
tion would be OF no benefit to the defendants on
their trial. pass not on the character OF the
paper, whether 1t is
OBSCENE, VULGAR OR INDECENT
but If evidence were taken before me would have
to pass upon its character. The Grand Jury having
taken up the matter and found indictments, 1t now
only remains 0r the Marshal to serve on the prs-
oners the bench warrants which have been issued
under the indictments. The case before me Is dis
missed.
Counsel for the prisoners asked II the govern
ment could give him some idea OF the time when
he proposed to try the caccused.
General Davies-I can't say to-day, but I will be
glad to have speedy trial on this case and viii
see that the prisoners have ample and timely
notice.
In reply to question from prisoners counsel
General Davies said he did not intend to make
any increase In the amount OF bail, which had been
fixed at $s, ,00O
The large and curious crowd which had assembled
in the courr room to look at the prisoners were
apparently disappointed at not having served up
them the ssbig dish y OF scandal which they ex-
nccfnd and dnuhfIess would have eninYed with the