The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-02
MADAM RESTELL IN CUSTODY.
Contriving 40 Keep Out of the city Prison.
Hut n rrIsoner In Her Own Palace.

Madam Restells lawyers at first waived
an examination before a Police Justice yester-
day and afterward withdrew their waiver On
the examination they had produced no wit
nesses. but IT was expected that they would pro-
duce two Yesterday. Mr.. Purdy said. however
that he had changed his mind since We'd
nesday last. and would neither examine
any witnesses nor make an argument.
He moved for the dismissal Of the
complaint on the technical grounds tina, no
offence had been committed. and that II there
had been. there was no probable cause to be-
lieve that the prisoner had committed IL. Jus
tice Kilbreth denied the notion. Then a re-
quest was made that Madam Reste who is 6j
years OF age. should sit in the room Of the Ser
geant of the Court until new bail could be pro-
cured for her appearance before the General
Sessions. This was granted. Mr. Purdy said
that he should not require more than an hour
ior procuring bal
Al - O'clock. when the Justice had resumed
his chair. expecting the RETURN ot Mr. purdy
With the now f@ndsmen, Mr.. Markinlcy, one oi
Madam Resiell- lawyers. entered and handed
him paper. " Here is new feature IN the
case" he said turning to Assistant Distri At
torney Herring. 1t was q writ issued from
Judge Donohue commanding Justice kilhrrth
to make return 20 him AZ o'clock the cause Of
the. detention of Madam Rrsiel as a prisoner.
Mr.. Herring arose. and nngrily denounced
the procurement OF the writ while II WIS under
stood that Mr.. Purdy had gonr ior haii. as an
SaR%S gnRTStSi1soJPa IS Jl, f S2w Ssr h ay
The latter nj once proceededto make ont com.
mitment Of Madam Restcll to the City Prison.
put into the hands Of the arrcsting ofilccr.
Rounsman sheldon. Justice kilbreth init
mated that it could Just us well 20 10 him as TO
Mr. Anthony Comstock. the prosecuting wit
ness. at this point called TO Roundsman shell
This ansered Mr Mackinley. and he said that
III" Justice ought 70 rebuke Mr.. Comstocks i'm
pertnencr. H." demanded that the commit
cordin. 70 the usual custom. Tho Justice
scented; The Sergeant stood about four feet
from Court Officer Van Duser. The lawyer
watched the commitment ana ~ il was handed
70 The Sergeant he sprang forward with paper
II serve thi- writ Of haheas corpus on YOU"
But the Sergeant hnd already passed the CONE
mnitmenl 70 Van Dpser, The lawyer c9ueht up
the writ again, mi brushing past the Sergeant,
,,Onirsr Van Dussr was then in Guandnry.
he held in his hands one pGper ordering, him
other ordering him TO take her 70 the supreme
Court Chambers at o'clock. Under On" he
had no discretion. while under the other he was
at liberty to retain her in his own custody until
the hour named. The fight had been made to
keep Madam Kestell out Of the City Prison.
Rands Of The c"art M" he Woud SI il was ss bs"veG ed,
haye HANDED the pr52aser 2yer 70 ua9 an 9tcer %
known that Mr.. Purdys errand out of the court
room was not To- procure ban but 10 get the writs
the Justice would have committed herat onertp
prison to await her trial in tho General SEES
siOns. 1l'er Nhn Duser. with the two papers
in his hands. appealed to the Sergeant. nnd the
Sergeant referred him to the Justice The JUS
tice laughed AT him and referred him TO the
lawyers. The lawyers each argued with him on
opposite sides. At last he went out OF the court
room. apparently undecided. He yielded at
last however, To- the side OF lenicncy. and rode
down with Madam Krstell and her grandson in
her stylish coach 10 the court house, and there
she was given lunch in Part LII. Of the Su-
preme Court.
Al 3 O'Clock Madam Restell was taken into the
Supreme Court Chambers, where Judge Dono-
hue was sitting. Here Mr.. Purdy urescnted u
traverse 10 the return Of Justice kihreth. and
requested permiss 10 argue the cas-. The
traverse was merely "A formal denial that there
was any cause for Imprisonment. Judge DonO.
hue refused 10 hear argument, because he had
been exhausted by long day hard work. The
hearing was therefore set down Tor II o'clock
on Tuesday next.
Madam R,stell was then committed to the
hands Of Deputy sheriff MrGonigal who wni
in waiting. She rode up town with him in her
own coach 10 her palace ut Fllty.srcond street
and Fifth avenue, and there the deputy sherlu
Will mold her in his custody until Tuesday
Nothing in the legal proceedings SO far hns
indicated tho line OF defence. II is understood,
however that Madam liestels lawyers Will aver
that her wares are harmless. and in nl'acous.
and that. although she may have been great
liar and humhug yet she was not violating the
law when she sold her nostrums.