The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-14
MADAME RES TELL IN COURE


Madame Rcstcll is making n vigorous,
but. thus far. an ineffective fight against the
law Yesterday morning her counsel. Mr.. Mac
kinley. attended by her grandson. called on her
in the City Prison and acquainted her with his
plans to which she gave consent II" then mp
pcared before Judge Donohue. in supreme
Court Chambers. obtained writ " habeus
corpus and served tie same. Al noon II WIS
nuispd abroad tlat the notorious woman wls
to be- brought in person before the Court. and
the room was soon packed 10y people anxious 10
soc her. They were doomed To disappointment.
~ Mr. Mackinry waived that formality and ap.
pcared himself in her stead.
Judge Donohuc gave him immediate hearing.
Mr.. Mackinley presented lon., affidavit. in
which h" recited that he was counsel for Ann
Lehman. who was summarily arrested hy
Anthony Cumsipck. and charged with having in
her possession and for ~alr certain articles and
instruments iur an unlawful purpu~r; ~ = rN-
c"~-ivc haii WIS rNarted Of her hy the Police
Justice. in default ni which abe was confined IN
the common prison. and that he subsequently
dcnnnlrd an examination. which WAS sci down
for FRIDAY. hut that good and sufficient bail had
been refused until that date.
Mr.. MHckulry also pres ontrd n long AFFIDAVIT
by Nine. Ann lnhmun. in which sh" complains
that in tn" absence uf her counsel. and bring
wholly Inexperienced and uuadVisrd she had
waiv",l an examination. hut that now she wish,.
an examination. ana prnyS 10 be released on bail
The District Attorney submitted his return 10
the writ and asked that It hc dismissed. He
claimed that the prisoner had been duly COM
pitt'd and should be held in accordance with
The ordcr ui the Justice.
MI. Machinl"y addressed tho Court II crcat
length. "" sud the prisoner had a right io be
bard that sj.uuU IN each cuSe was excessive.
rs the extreme penalty In ogSr of conviction did
not exceed that. II" asked the Judge t. direct
ihejnsiirc to take bail.and to reduce heeNorhi-
The District Attorney replied That there was
nothing in the statute compelling the mnui Sirlir
To- take msl and that 1t was purely u matter If
discretion. u" also said real estate was not
offered, tut United States bonds which was
Mr.. Makipicv-. We'll. sir. when we found tina;
100000 in United States bonds was not consid.
cred enough We offered r.nl estatn and Justice
ktbrcth positively refused 10 touch 1t. or look
at IT,
Judge Donohue-I find nothing in the papers
Mr.. Mackinlcy-Then we will offer supple
meniary affidavit.
Judge Donohur-1 think there is no need Of
mat. DO not seq that have the right h. inter
icre with the course of the magistrate He has
the ease before him. and knows what he should
Mr.. Mackinley--Canyo not dircc; the District
Attorney to tax" bail
District Attorney Tho case is not in our
office. We have nothing To- do with II.
Judge Donohuc-I 500 no way in which can
grant your request. | have nothing to do with
II. I'm, writ Is dismissed and the prisoner re-
This solution of the cnse took Nine. Re-tcll
ny surprise. ~" was aSiunl-hcd 10 hear that
there WIS "a punishment hv Imprisonment ~
well AZ 10y fine for the offence. ii proved. and
much distressed when Justice kilhrrih refused
bail. Her hopes were huoyod up. however. 10y
the confidence of her counsel. who was san
Euine in the belief that Judge DonOhuc would
direct the magistrate 10 accept u reduced
amount II bail.
After judge Donohue's decision was corr
mumlcated To her. the aged Prisoner seemed to
realize the peril ot her position. and although
she hra'rl up well, her nerves were evidently
weakened. She ate only little during the day.
aud finds no rest in her unucru~tumed hpi.
With s2O,oun in her pocket and many scores ~
thousands elsewhere. III" IL unable to gpt free.
and must remain until the examination IL con-
cluded. IL il believed that the examination VIII
last several days. a. I'll" Insists that -i" will
call a great number Of druggists to prove
that her wares are identical with those
sold All over the city. She intends also to show
that Mr. Comstock did not procure the articles
with the Intent to violate the law. and that
therefore. She Is not guilty of any offence.