The New York herald., 1878-03-06
MIME KESfELLs

ARGUMENT IN THE CERvIORARI PRoCEEDINGs-
DECISION TO BE GIVEN ro-MoRRow--THH
PRISONER MEANTIME REMANpED TO THH
CUSTODY OF THE SHERIFF.
The bearing on the wrts OF nabeas corpus ana GER
iorar, granted In the case Of Ann Lohman--Ame.
Reslel--having been down for yesterday, before
Judge Lawrence, in Supreme Court, Chambers, there
was on tho opening oil the Court large crowd
present, tho most OF course, boing drawn
there by curiosity TO see the somewhat
famous defendant In the case. Mme. Rsstoll
was brought into court at the hour named by
deputy sheriff She was elegantly dressed, as usual
and was speedily surrounded Dy several gentlemen,
with whom she kept up an unceasing conversation
until her called on. for argument Two
heavily veiled ladies sat near.
HER DEFENCE.
Ex.Assistant United States District Attorne.
Purdy, counsel Tor Nine. Restell, opened the argu.
mont on her behai: by reciting the nature OF the
writs issued, together with the returns made
to them aud their subsequent traverse liz
then stated that the matter had been brought
before that Courtto review the legality OF the pro-
csedings and mn itlncnt before Judge kilbrctn
the criminal charge. The compaiot, he said made
Two distinct chargesone Of selling drugs aud articles
Tor malpractice, the other to prevent conception-on
whicn charges the prisoner was arrested, The evil
dence being confncu to her own declarations as do
tailed by Anthony Comstock. when he purchased
'ssomething in Dottle.' If her declarations could
establish corpus deficit II was enough; but he
CLAIMED IL was not established Under Tho United
States law In reference 10 passing obscene literature
turouah the mails the s.desigu aud .sintent' was
suicent but IN this case the statute did not bind
upon the lntcnt but there should be practical OK.
pertinent with the articles sold upon woman At
certain time, and certan results accomplished, be-
fore there could be conviction IL this medicine
sod 10 Mr.. vOnstock was analysed by competent
caenist aud pronounced harmless the dsiendant
ought 10 BIZ dlschargcd-i noxous, then they should
prove that lact
POINTS FOR THE PROSECUTION
Assistant District Attorney Herring, In reply, said
the purpose OF both the Wits was Tor the Court 10 as
certain whether the magistrate bad before him suri-
cieut evidence 10 isy min that there was probable
cause " hold accused for trial. IL becomes the
duty OF the magistrate to make the inquiry and
NIT II to the Court In his return. He cited the stat
ues oI 1872 and 1873, which he claimed abundantly
upheld TIE allegations IN the complaint and the COM
mitmen The evidence showed that the articles were
sold 10 Mr.. ComsIock Tor The purpose oi preventing
conception. Here Mr. Herring proceeded to reterate
the Instructions given 10 tho use o the medicines
OBJECTIONS TO DETAILS.
IL object" intcrposed Mr. Purdy, 10 such Ian
guage being uttered in court"
"fhc District Attorney has right to take MS own
course" saia Judge Lawrence.
I'VE made no defence before the magistrate" said
Mr. Purdy, 'becausc thought owing TO pubic press
ure and newspaper handling, II would be useless "a
atcmpt H. We STAND here ON our legal rights, aud u
is wrong that her past lie should gone iuto she
pleads at this bar Tor SIMPLE nakcG justice and
mat the Court should not b. guided by outside IN
1ucnccs. II she has done wrong let her be pun
law, and not according 10 the iorms o prejudice
for one, as lawyer, insist have right TO stand
here lgnting tor her as best Know how There is
no criminal so low crime infamous that men,
bcr of this Bar when called upon ought not to stand
up and defend, and this Is my business here"
REMANDED TO THE SHERIFF.
Mr. Herring followed in orei rejoinder, and after
he had finished, Judge Lawrence asked the counsel 10
hand up tncir authorities.
M Purdy-I may desire TO hand up a supplementary
brief. wnen will Your Honor be likely 10 give 40
cis0u IA tho case
Judge Lawrence give my decision on Thursday.
Mr. hsrring-ro give time TO hand up my authori.
TIC. would like W havo tho decision deferred until
Saturday. ~.
Mr. Purdy-I object TO any delay. I want as speedy
decision Ms possible. My client 10 IN the cusody OF
the sherin and that's expensive business suppose
OF course abe TO be remancd 10 tho custody of the
SnerinY
Judge LawFence--Certainly, until the decision
AIR. Purdy-Weli, IL Your Honor holds against US we
will be rcauy with bail 80
This cioscd the proceedings In court Mmo Res.
tels legal custodian TOOK her again IN cnarge
she left the room under his escort, accom-.
panied by her various friends.