The New York herald., 1874-05-22
THE TERESA SMALL CASE.

The Arguments Of Opposing Counsel
Giving Com missioner Gardner and
Captain Williams a Severe Raking
Down, on the One Hand, and Eulogiz-
ing Their Virtues on the Other-Deci-
sion Reserved.
The Teresa Small case, which for some time past
has occupied largely the attention of the courts
and which, from the peculiar circumstances sur
rounding the case, has excited such general public
interest, has at length reached It's closing stage.
In the Supreme Court General Term room, Judge
Brady yesterday listened to the arguments OF the
opposing counsel pending his decision upon the
writ Of habeas corpus through which it Is sought to
recover the young girl from the custody OF her
alleged aoductors, Police Commissioner Gardner
and Captain Williams OF the Eighth precinct, and
restore her to her father. There was large crowd
In attendance, and the arguments were listened to
with the most earnest attention.
Mr.. William +. Howe, who opened the argument,
began with recting the circumstances OF the al
legged abduction. Police Commissioner Gardner,
At four O'Clock in the afternoon, gets Information
against the house No. Is First street, wnere the
young girl lived. He goes before magistrate; !;
be asks Tor process of law. At the dead nour of
night, with his satellite, Police captain Williams
who is known as the brute OF the force, he goes to
the house and takes the sleeping child. And Tor
-
he had no warrant. He does not arrest Mrs.
Small but only takes away the cnld. IL is said
this was panel house. That made no difference.
MIR. Gardner admits he acted without afuavit.
And he took Captain Williams with him--ct tu
Brute IA man who dared not take the stand be-
cause he feared crosse xamination about the
panel houses in his ward and about the houses OF
III lame and gambling houses there. 1t was
well the Senate Commission was coming here. Ii
now Judge Brady justiics this act commissioners
Gardner may seize your chld and mine. have
said what would do and relterate IT,
Judre Eraly--ThaL not SAMPLE case.
:. MIR. Howell IS sample for the people OF the
State. Your Honor has to look to the protection
OF The community aud TO say whether Police
commissioner can assume this power Mr..
Gardner says he went there TO get evlaehce
obtain Was this way to obtain ~ Why not
20 before magistrate He says he would not
emgas he 1gorss ahe e., NE played ups
proudcsS emblem. Would this be tolerated In
despotic Europe Will Judge OF the supreme
Cour. place hts appreciation on the act Il tins
be Justified VINO can tell to what 1t shall prelude
Should not q Police Commissioner obey the law
pie and answeraSe TO the their sGserstno aws or all
men nc should be the most ready to strictly obey
them. IN conclusion he reviewed at length Mr..
HafdncrS testimony and insisted that the whole
thing was only a revelation oil hypocrisy aud cum
ning cant, anu that the Police Commission itself
commissioner Davenport as counsel for Mr..
Gardner, summarized the facts produced on evl-
ueuce, tnat the woman Small was q notorious
panel thiei and that the father allowed his child
to live with her fourteen months without once
going 80 sec HeT aitHOuEu llVlng directly opposite.
Altogether, Tor three years he lett his child with
this notorious woman. As to the Commits sloper
be did not 70 early IN the evening because ne
might not ind the parties there An uuavoldahle
delay occurred, but lie finally went ana demanded
the chiid to secure evidence TO suppress that
panel house. The woman opened the door ana
lighted them down stairs when they were leay
ing.
Jntgc Brady have TO consider the chlds tes-
umony as to the character OF the house. She tes-
titled 10 me that IL was q panel house, and that
she herself twice opened that portion or the door
used Ior admitting the robber, and that there were