The New York herald., 1877-03-15
Judicial Interpretation Of Vagrancy as
Applying to Street Beggars.
TENDERNESS TO "TINY TIM"
Penalty Of Feminine Rashness in Signing
Legal Papers.
RETENTION OF MILITARY FINES.

The story OF the little cripple Frank Hallcrs chris
tened In the 'sTiny Tim" from his striking re-
semblance TO the well character Of this
graphically delncated by Dickens has already been
fully published IN the HERALD. Crippled in hands and
fcet, compelling him walk all fours, he was an
object OF pity, and seeing his bent and diminutve hg
urs NJ he sat couchant tho curbstone In front OF
Trinity Church excited general sympathy in his be-
halt, and many were the fractional stamps pickels
dropped into his ou;strcichcd and mutey pleading
PALM One day policeman. discerning In this o VIOLA
hon OF the vagrant act. bore him away triumph
police court, whercupoD Justice Kilbrcth
ordered him TO be sent to Randals Island,
thero to be kept and cared for til he tweny
years OF age His father who had served a soldier
In the Union army during the OF the rebellion,
and bis mother whose natural feelings were deeply
stirred at thus beng deprived OF her son. sough. at
to have him them writ Of cerlorari
was obtained ior this purpose bv Mr.. W. +. Howe,
aud the case argued at considerable length before
Judge Davis, in supreme Court, Chambers, Mr.. Red
decision in tho yesterday, writing quite lengthy
opinion After recng the facts of The casc ana CT
Ing various statutes regard TO vagrancy, he
cludcs his opinion AS follows:-
Ihcre Is nothing in either OF these statutes that noe
begging for aims soliciting charity, although such
words might 10 many instances be the best evidence
OF the offence The act OF begging aims or soiic.ing
charity the offence condemned by the law in what
ever iorn that act may be committed and IN many in
stances words are far less effective TO accomplish the
end than simple acts. The deaf and dumb man, real
pretended, who stands with placard the breast
md with extended hat or hand solicitor OF charity
ts completely as though he spoke to the passersby
And so Is every ono whose diseased or crippled condition
appeals 10 sympathy II he places himself In
position to attract attention or passes along
shc street calling attention by sign, act
look 10 his unhappy condition, and receives
from those who observe him the charity he IS obvi-
ously seeking Indeed, the class OF silent bcegars who
exhibit deiormtes, wounds or injuries, which tell
pa'ncr than words their needy and helpless condition,
the successful OF solicitors Tor charity aud
especially s this when the object Of aims u young
mud helpless child The intention of the law is hot 10
Their necessities with tender care, and it would be
great mistake hold that the does include
such as by reason OF their appalling IN msorunes, need
do nothing but silently attract attention 10 them
III words, but really solicited BY TAR more
touching appeals. The poor boy this
case. while creeping through the throne OF people OH
Broadway and Wall strect, and raising his hands 10
begging in mode far more effective thin to have sat
At u and cried every passci by char
ty. IL Is u mistake. therefore, to suppose that the
evidence not sufficient TO justify his being taken
Into custody and committed 10 the pubic charities ot
the city. The magistrate was right In hnding that he
VII hin the provisions OF the statute. His crippled
condition brought him within tho exception OF
The statute OF 1879, aud II was proper 10 place
and Correction. in the present condition OF the papers
the Court do nothng else tnan to remand MIN,
without prejudice to any further proceeding, upon
proper return 10 tho writ OF habeas corpus, or any
proper, however, to suggest that his custody be
uOred by the Comm nissioners (who are clothed with
ul discretion) 10 his parents, who Seem anxious 20
receive him, with suitable admonition that u they
suffer HIM to be again ourd begging IN the street he
viii be arrested ard permanently placed In Charitable
institution"