The New York herald., 1878-03-02
NINE. L0HMAN- -RESTELL.
She is Held for Trial Before the
General Sessions.
THE EXAMINATION YESTERDAY.
An Enterpnsing Attorney and Dissats-
lied Bondsman.
THE EXAMINATION YES

cool indifference to her surroundings which. however,
failed her in the course OF tho proceedings yesterday
Evidently she III at ease, and the nature OF the
conversation In which she from time time engaged
with her grandson, Mr. Marvin, was clearly anything
but reassuring. There were also in attendance Dis
trct Attorney Herring, Mr. Samuel Colgate, president
OF the Society for the Suppression oil Vice, and the
complainant, Anthony Comstock.
Mr. Purdy, the prisoners counsel opened the pro-
ceedings by saying that he had promised previous
occasion TO sum up the at once, but crcuni.
stances compelled him TO alter his delerm nation He
saw that Mr. Herring was present surrounded by
those who would trumpet TO the world the develop.
ments OF the examination, and as he believed II be-
coming 10 conduct the quiotly as possible aud
Bavo the public from uch violent rhetoric aoout a
"maelstrom of hel' aud the like, he would content
himself with moving for dismissal of tho complaint
crime had been committed, there hadlbeon,
there evidence produced to show It.
Judge Kbrcth denied the motion, and decided that
tho prisoner should be held. On this Mr. Purdy rose
and said II trust my client will be allowed to remain
here and not be hurried of to the Tombs,
furnish bail presently" 10 which the Judge replied,
"She will be treated any othor prisoner with not
more lenioncy or greater severity" Then, turning
TO the prisoner, he continued, 'Mrs Lohman, you
have been examined the first charge preferred
against you. will now proceed to the second" The
tion put the prisoner listening to them at arst
IN dazed sort or way, as though her mind was oc.
eupied with Other matters. In mopotonous
voice she answered them all till tho query. 'Are
you guilty guiltyf" put when she abruptly
returned 81 have nothing 10 say" II was then de-
termned to put down Mmc Restell's trial for the
General Sessions, her bail remaining 00O0, as be-
fore
While this was going ON there had been seated
the room gentleman OF ample proportions
and countenance OF decidedly Teutonic type. lie
had look OF solvency about him winch was
not unbecoming and air OF Importance,
gravity. On the whole The examination did not
seem 10 leave pleasant impression on him. Al
length the mysterious stranger divugod MS identity
he was Jonn LOvetts, whom the revenues OF
Twelfth street beer saloon had encouraged 10 assume
publicity as a bondsman in the Case but whom sober
second thought deferred from assuming responsible
ties anew. When Judge Kibreth relieved MIN Of
further liability, much to the chagrn Of the prison:
er'scounse, he went his way, steeed against any Of
the SEQ uctions which bondsmanship may possess.
PIECE OF sTRATAGEM.
Nine. Resell was Conducted TO The Sergeauts room
after ihs while her counsel went Off in a
teusbly 10 seek other bail There was however
when Mr. Mckinley, In the day, appeared In tho
Supreme Court armed with an afidavit charging that
Nine. Resteil was unIawfuy deprived OF her liberty
This he submitted TO Judge DOnohue and 2 writ OF
certiorari was obtained calling upon Judge kiiursh
to show why Nine. Re.tell should be detained
ana immediately served II upon tho
Judge, who was taken by surprise and muitered-
.It IL quite unproossional, 'iMr Herring, who was
on hand, protested, "or the counsel for the defence
Mr.. Mckinley only replied by producing another
paper which ne served upon Sergeant Williams. This
preme Court, calling for tne production OF Nine. Res
tell there There was an uncomfortable pause, and
then as Judge Kbretu took his seat he said
"Mma Rcsteil Is In my custody, not In the Ser
geants. II has been shown that there Is reason to
suspect her OF crime On these grounds commit
her T0mbs" And ne proceeded to draw up Inc
proper PAPERS
al nope sne will not be taken to the Tombs." Mr.
Mckinley protested 81 have this writ TO serve the
Sergeant wnen he takes her into custody"
al request Your Houor," Mr. Comstock intcrposed,
sto give the commitments 10 Officer Sheldon and not
to the Serg ,ant"
'Aud consider this unjust and unwarrantabs in-
tererence with The duties Of this Court" said Mr..
Mckinley. at SHOULD not Do tolerated.
~ move to place The prisoner IN charge of Officer
Sheldon" This came from MIR. Herring.
'He has NO ri-ht to Interfere and as he said It
counsel tor the prisoner alared at the Assistant Dis
trict Attorney ana gesticulated violently
"l am sorry The latter returned with a quZzcal
look; ~ am sorry block your little game to-day,
but you have too many cards IN your pack.
Mr. McKinley's wrath were once more unbottled. AT
length The commitment was handod to Oficer Van
Dusen, with Instructions that ne could lake the prls
the Tombs or retain her In custody till he
produced her IN the Supreme Court
~ appeal to you as a gentleman" cried the pris-
oner's counsel; 'do take 10 the Tombs." Van
Dusen d,ant He determined to take her to the Su-
preme Court keep her there till three O'clock tho
hour set Tor tho hearing. Accordingly, Nine.
Resteli was conducted to her carriage, wrapped IN
various shawIs and drapings and driven on TO Tie
Court House.
BEFORE JUDGE DoNoHUE.
The court room crowded wnen she appeared,
OF course she became the centre OF observation.
She seemed preoccupied, however, ana paid very
little heed TO the so'utinizing glances OF the curious
throng.
ana expressed his readiness 10 proceed with the
Mr. Purdy said he desired first to look al the re-
turn, which was forthwith handed over TO hin. Alter
looking over II he prepa ed 10 put Ia traverse to H.
Botn return and Traverse were Ia the usual legal
Iorm, the lormer reci!ng the papers on which the
were insufficient Ia law and unwarrantod by the EVIL
Hence.
While the reading of the return aud preparation of
th Q traverse progress Judge Donohue took up
other business before hltn, which occupied nearly
hour the crowd still lingering in Anticipation, evi.
dentIy, OF some astonishing developments, or some
phase in the case which would well compensate them
On Judge Donohue signifying his readiness to hear
she case, Mr.. Purdy briefly announced the nature OF
his traverse and then stated that he desired the dis
charge OF the prisoner, against whom he alleged,
nothing had been shown proving her guiity OF vo-
laton OF the law.
listen 10 any very extended argument In Inc matter,
had been busy court since niue O'Clock IN the
morning. and did not propose to prolract his days
labors TO a much later hour.
Mr.. Purdy said that he did desire TO ip1ct any
very long argument upon HIS Honor under the cir
cumstances, but wno reasserting that the prisoner
had not been proven 70 have been gully of any
offence under the law he would STATE advice Of
COUNSEL sue had not gwen any ball. inasmuch II she
had she would wuve her right OF reviow OF the
case HIS Honor could not near tue argument
thop, he lcounsc) should ask that DO given
the CUSTODY OF the Shern La other woris he ask
that she be placed IN the same condition prisoner
after conviction. and ho felt TO tus there could
be 10 possible objection The prisoner was a woman
sixty I'VE years 0i age and she appeared oe-
fore the Court HIS Honor could no coguzanco OF
her PRIOR Iifc
Nj. Herring-I do not any why an ex-
ceptou should be made IN this case to that OF any
ordinary criminal
Judge Donohue--I only know her as an ordinary
criminal.
Mr. Herrins--If that 10 Your Honor's practice 1
have nothing more 10 say
Judge Donohue-l propose to treat this case the
Iame as any nabeas corpus case brought before NO.
Mr. Herring-l have no criticism TO make.
A. ADJOURNMENT.
Mr.. Purdy said he desired to make a suggestion.
and that was that the matter shoud be down Tor
hearing on the next dsy Monday. Ho SAID ho do
sired u speedy hearing, because he was AFRAID Mr.
Herring might 60 before the Grand Jury and try the
case there.
Mr. Herring said he did not propose TO make any
stipulation in the matter.