The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-19
THE TERESA SMALL CASE.

THE TERESA SMALL CASE.
Commissioner Gardncr Gives His Yer.
sion of the Affair.
The examination upon the charges preferred
against Police Commissioner Gardner, and Captain
Williams, OF the Eighth precinct, OF breaking into
the apartments OF Mrs. Talbot, at No. Is First
street, at the dead hour OF night, and without any
warrant other legal authority, forcibly abduct-
ing Teresa Small, twelve years OF age, and taking
her to Police Headquarters, where she has been
Kept ever since, was resumed yesterday in the SUI
preme Court The child was present, having been
brought there by Detective McDougal, and so were
Commissioner Gardner and Captain Williams
with United states Commissioner Davenport, their
counsel, and also the father of the child, and
Mr.. William F. Howe. his legal representative, who
Is seeking through the medium OF habeas cor
pus, to restore TO him his child.
COMMISSIONER GARDENERS STORY.
IN reference TO intei rogations put by his counsel
Commissioner Gardner proceeded to tell his side
OF the story as follows:-When we arrived at the
house OF Mrs. Small Captain Williams said we
wanted to see the parties within; one OF them
asked what for. and said, ais there any thing
wrOngY" Williams replied that he wanted to see
them on business; they stated that they were in
bed and would not open the door, and asked again
who we were; Williams said we were police Of
f1cers; some one then said we might be burglars
for all they knew, and refused to open the door;
Williams then told his name, and some whispering
took place within; he wrote on his card his name
and passed 1t over the ianiight; they then opened
the door; we did not burst open any door, nor did
there about fifteen minutes we entered the house
by the hall door. which was closed, but not fast
ened.
At this poins Captain williams attempted to
whisper to the COMMISSIONER but Mr.. Howe for
babe his dong SO while the Commissioner was
THE COMMISSIONER CONTINUES HIS STORY.
The door that We kept outside OF was the door
OF the hall bedroom on the first floor up stairs; we
Knocked there because we saw light in the room;
Sass Is the woman docking at picture OF Mrs.
wee 1s ned aoSr ms ns the
HIS CROSS EXAMINATION.
Mr.. Howe now proceeded TO cross examine Mr..
Police Headquarters and gave her over to the
matron, Mrs. Webb, and gave instructions TO keep
rescue her from lie OF shame I; ana second, to
enable me 10 get evidence TO send panel thieves to
state Prison; where they belong; had been I'M
the only information had; did not have any war
rant for the arrest Of the child; Williams did not
either; be did not know anything about the mat
ter until asked him to go with me; the woman
who claimed to be her mother objected TO let the
tarily; solemnly swear that tue lock on the bed
room door was NOT broken or the door burst in,
but II 1t had not been opened would have forced
my way In; swear 1t was not Tor the purpose of
getting evidence against Captain walsh that we
took the child; unless he was panel thief had
no occasion TO look for evidence against him.
Q. Do you know how many panel houses there
are in the Eighth precincts A. know or none,
and will re much obliged to the counsel II he Will
give me the numbers OF any.
CAPTAIN WILLIAMS AGAIN MEDDLING.
The ABOVE question to the commissioner about
the existence OF panel houses In the Eighth pre-
cnct caused Cap ain Williams to again interfere,
when he was reDuked by MIR. Howe. This brought
on little tempest, Mr.. Howe telling Captain Will
Hams that he was a blackguard, and was behaving
as such. He said That II he did not stop his onen-
sve Interference he would have him cited before
Judge Donohue for contempt. Commissioner Dav-
export also rebuked the Captain. and said he would
not go on with the case unless ne would desist. 1t
mand OF Mr.. Davenport caused the Captain TO BE-
come quiet.
Q. Do you know OF any houses OF ill-fame in that
precinct?
Objected to.
q. DO you know OF any houses OF ill-fame In the
city In any precinct
TINS question, 1t was stated, was propounded for
the purpose OF learning II the solitary instance OF
Mrs. Small was the only attempt the Commissioner
made at reforming the morals Of the city. This
question was objected to also.
O. Do you know OF any statute or law OF this state
which authorizes you to take girl OF twelve
years from the house in which she was residing,
between twelve and one O'Clock In the morning,
upon Information which had Deen given you at Tour
O'Clock In the afternoon OF that day that the house
HE WILL HAVE HIS WAY.
Commissioner went there
Mr.. Howe-Stop.
"
Mr.. HONEYWELL, stop. tell you.
Commlssloner-Well, won't; I'll answer 1t In
MIR. Ho.e-wel, III take you before Judge DON
Ohue nyou don't.
Oommssioner-weh, don't care; III answer it
in my own way or not at all.
Mr.. HONEYWELL, 20 on.
Commissioner TOOK her by the same right as
would have prevented her from being murdered.
WHERE HE WON'T HAVE HIS WAY.
Mr.. H0we-Wny didn't you come to my houses
Commssioner-Mayb Will.
Mr.. HOWa-Then. by God. n vnu
COMMISSIONER hope you take better care OF
your daughter than these people did Of this child;
The only mistake made was in not arresting ali
the parties In the house; l won't make the same
SOMETHING ABOUT WARRANTS
q. Don't you know that police magistrates issue
warrants for disorderly houses. A. / do
y Then why dld you not go to ones A. | had no
Intention Of going to one.
tlon about the housei A. Because would not be
sure Of nnding them at home
don't know.
y Have you any claim for the detention OF the
her we're not at to have her
CouDsei--That Is not responsive
Commtssloner-Well, nave not-no
q. DO you hold the child Teresa subject TO the
Courts disposal OF nerY A. do: was informed
Mrs small was one Oh a gang OF panel thieves;
10 hold her.
CLOSING THE CASE
Other police testimony rejecting on the charac-
ter OF Mrs. Small was given, after which the case
was closed. Counsel then interviewed Jnd0e
Brady In the General LITER Term, who adjourned the
he or Judge Lawrence Will listen to the arguments
OF counsel preliminary to the final decision upon
the writ.
THAT FENIAN FUND.
The Order to Arrest Thomas J. Barr for
H< Isn-