The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-10

SUPREME ,COURP-oHAMBERs.
Another Chapter I'm the Teresa Small
Case.

Another Chapter I'm the Teresa Small
Case.
Before Judge Lawrence
The case OF Teresa Small whom Police Commits
sioner Gardner and Captain williams OF the Eighth
precinct were charged with abducting from No.
Is First yesterday the subject OF further
judicial consideration. United States Commls-
sioner Davenport VINO appears as counsel for the
Police Commissioners, was in attendance. and so
was Captain Williams, and so was the young girl,
she having been brought from Police Headquarters
by Detective McDou2al and so were the parents Of
the child, Mr.. and nrs. Clifton
Directly following the opening OF the Court Mr..
Davenport stated that he had an affldavtt to show
shat Mrs. small, the foster mother OF the girl, was
notorious panel thief that her picture was in
the ROgues' Gallery at Philadelphia, that she HAD
been the proprtetress OF numerous panel houses
IN this city, and that she had absconded from ner
last residence, and that she could nowhere be
found. Upon this state OF facts he asked that the
present proceedings be dismissed.
MIR. Howe, in reply, answered, saying that In
order That the Court might understand thoroughly
She merits OF the case, 1t woulo be necessary TO
review them in detail He then proceeded to mar
rate the facts OF the case-how Commissioners
Gardner and Captain Williams, at the dead hour OF
night IOrcibly broke into MIS- Talbots
apartments, with whom Mrs. Small and
Theresa boarded, and, without warrant or authority
al law orcibly abducted the girl. he GAINED that
II was wholly immaterial how good they declared
committed gross violation OF the law, and that
the father OF the girl who was in Court beyond all
controversy had paramount claim to the child. He
added that he had served writ OF habeas corpus
!. on behalf OF the father upon Commissioner Gard
ner, and he demanded both In the name of the
ceedings should be continued and, in order save
time. that the evidence taken in the case OF the
writ taken out for Mrs. Small and served on Cap
tam williams should be accepted as testimony in
the proceedings TO be Instituted against Commls.
gioner Gardner.
Alter some further discussion between counsel
Judge Lawrence directed an order to be made In
compliance with Mr.. HOwe's request. Upon this
the latter stated that he rested his case, and
further proceedings were adjourned till tomorrow
morning, when Commissioner Gardner VIII doubt
less enter upon his defence.
The Else apes from Sing Sing.
Application was yesterday made by Mr.. Fellows
Cor the release or admissal to bail OF John Storer
charged with furnishing william Miller, who re-
Gently escaped from Sing Sing. with the tools he
used to eject his escape. In making the applica-
tiois he said that Police Justice Morgan had fixed
che bail at $4,000, but that applying at the Dis
trlct Attorneys once to give bail they had been
ihats they were ready to furnish 500 600 bail 1t
Won I'd be required He claimed THAT this was
.asuI patton on the part Of the District Attorney;
<1ete, :nine the suf1ctency OF the bondsmen.
Ass tstant District Attorney Allen argued that
FOR IN present on the ground OF public policy.
Jud ye Lawrence reserved his decision until Mon
Gay m ornins- n..,.,o,.
Rice vs. Suther; Lee va. Amer; Same vs. Same
Motion denied, With $40 costs.
Heather VS.. Neill.-MOtiOn granted.
In the matter OF the petition OF Demuth; White
W. Hermann; Fairchtd ve. ;Demarest; Brown vs.
Dale; Association for the Relief OF Respectable
AGED, &C., Females vs. BEING ct al; Haas vs.
Buck IN the matter, de-, vandewater; Coe vs.
Hobby; Seilen vs. Triple ct al. Estever Va. Pur-
Crane vs. Neidig two motiS1s) Riley Va Cor
Wln.-Memorandums.
Zoe ys. Hobby Denied.
Todd VS.. shelbourne.-Motion granteds on pay
1Ent OF $40 costs.
mclean VS.. ACKNOWLEDGEMENTS c0un-
Eel
ksosard vs. Rickard.-Divorce grante@ TO the
approved.
ChEisty vs.. Denel.-Refercnce ordered
6heridan va. Guilioyle.-Order granted.
DtnkelSpel w. Franklin and ot1ers: Chrt nv va
Dene:-ln the matter Of the last VIII, &C. OF will
tam Phelps. Granted.
COURT OF COMMON PLEAs-gpprTav TryRM