The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-01

mother Mrs Annie Small residing at No. Is First
street. Owing TO the publicity given to the case,
the high rank OF the ofncials alleged to be i'm
plicated in the reported abduction and q natural
curiosity to know how these high onicials would
relieve themselves from the serious imputations
cast upon tneiy oficial character there was, as
expected, q very large attendance in the court
room. AS the matter came before Judge Brady.
holding Oyer and Terminer he concluded to post
pone any action in the case until alter the conclu-
sion OF the trial OF Detective Leahy. No sooner
had the Judge delivered his charge to the jury in
the Leahy case and the jury had retired to delibe-
rate upon their verdict than the Judge announced
his readiness to proceed with this case.
THE FURTHER PROCEEDINGS IN COURT.
Assistant District Attorney Lyons said that, IN
Spouse to the writ OF habeas corpus served upon
Commissioner Gardner, he desired to make o re-
turn OF the Police Commissioner, bringing the child
into court, and further to ask that the wrtts d.
rected to Superintendent Matsell and Captain VIII
liams be dismissed. He then proceeded to read
the returd OF Police Commissioner Gardner set
ting forth that he received Information on the
2sth ut. that the house Of Mrs. Small the alleged
foster mother OF the child Teresa Small, other.
wise known as Teresa clifton, &C No. Is First
street, was q panel house, and that therein. the
process known as the panel game was
practised upon unwary victims It was
stated further that he was fearful that
II this young girl were allowed to
remain under the communicating influences OF
such surroundings she might be ruined. Accord
ingly, on the morning OF the 2Sth ult he took the
chlld rom the place. In conclusion, he expressed
desire that the child might be placed in the
charge Of some reputable guardian, and, in any
event, the Court should direct that she be not
given back to the care OF Mrs. SNall.
MI. William f. Howe, in response, said-and he
spoke with unusual warmth and evident feeling
w
corpus In the case OF Captain Williams. This man
Alexander s. Williams. known as the Captain OF
without any warrant or color OF authority OF
law, came TO thus nouae, forced an entrance
Gardner and ne were actuated BY good
intentions or not made no difference. They had
their conduct could not in any way be justified.
He would be derelict In his duty to himself and
me punlic ne d ado not insist noswitnssanding
upon full and searching investigation Of the
facts OF the case. He asked that the return OF
OF hts own traverse to this return. In this con-
nection he could not see now the Assistant Dis
been charged against the GIRL bis Honor could see
that CAPTAIN returned that ne had not
evasive. but for the purposes Of the present IN
vestigation ne would overlook this evasion, and
and Captain Williams had in this matter acted
without lawful authority. and temporarily clothed
their official powers. He then proceeded to read
the traverse TO the return OF Captain Williams
setting forth the alleged facts OF the alleged KID
mapping, as already stated In the HERALD. The
traverse further set forth that the return OF Cap
tain Williams was wilfully false and untrue After
that proof should be taken TO show tie alleged
lalsity or said return. Meantime he asked that
Judge Brady asked on what ground he asked
that the child De given to the care Of the lady
MI. Howe replied that he asked this because
Mrs. Small was the foster mother Of the child and
Its proper guardian. He added further that what
done was simply upon information and belief and
they might as well enter his house and take away
orcby take away Children upen the
Judge BRADY said that Commissioner Gardner
had produced the child In court in obedience to
the writ. The allegation was that the house
where this child was Kept was panel house. He
should not hesitate II necessary to use the strong
sens sas p f fasd' 'd IN danger
Mr.. Lyon said that Captain Williams had re-
turned to the writ that the child was not now nor
ever has been IN his custody, which return had
now been rraversed. Commissioner Gardner had,
IN obedience to the writ served on him, produced
Mr.. Howe having filed tins traverse asked that
this case be sent before q referee or an examine
ton be made in any manner the Court might
direct.
before Chambers, as he should be busy trying
further in that Court, ana that on Monday lie
would have to SIT IN General Term.
Mr.. Howe asked in whose custody the child
should be meanwhile given. He suggested, in
view Of the allegations pending against Mrs.
her father, whom he stated to be ardworking
man, and wn0m ne stated had worked with one
9SSe BTady he saw no objection in s
but Mr. Lyon sald tnat she was well cared for by
the matron OF Police Headquarters and he thought
It better that she should remain there Tor the
Judge Brady called the child up to him. The
young glrl went up 70 the Judge ~ quiet, modest
somewhat older. She was neatly dressed wear.
plaid dress OF tasteful pattern, bearing mutt In
her hands and wearing jaunty spring hat, and
years. Xr lew minutes orSns UT nsr
ssase Ss W. s h1 fs sDSa
Roass and Knew the nature OF the aflidaviI she
MIR. Howe SAID that this aflidavit was signed by
the child under duress; that she had told since
paper, the contents Of which she did not under
stand, ana that she had Just Informed him. in Cap
tain Irvng's presence. tnat she did not know what
Judge Brady evidently bewndered py the state
liability Of human evidence. '''s Ao
It was finally arranged that the examination
take place on Saturday morning next before Judge
DOnohue In Supreme Court, Chambers. Meantime
Mrs. Small denies point blank the allegation tnat
she keeps . panel house, and says that the house
Bn0 lives III ID LeuemeuL uOuSc, she OCCUPIES
two rooms In It, and that respectable family, Mr..
Talbert. wife and child, are living In the same
Small In the ante room he addressed her with
that polite gentleness for which he Is remarkable
ION, you are here, are your" qqeried this valiant
knight OF the club; 'y0u'd better leave; nobody
Will believe what you say"
wait till the end, and you will find out who Is
believed % answered Mrs. Small but In manner
as gentle and ladylKe as the Captain was coarse
and brutal
A ZEN MILLION DOLLAR SUIT.