New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-11-25
3 New York Women
Freed in $500. Bail
% Start to Serve Out Sen.
tence; Militants Ill Ad-
vised, Says Court
BY James Arthur Seavey

Court here to-day.
Judge Edmund Waddll, jr.. in 8
written opinion based on the argu-
mcnts made before him yesterday, held
hat. all the sufragists who had been
imprisoned in the workhouse at Deco
qusn had been detained there illegally
and sent those still serving sentences
there 10 conclude those sentences in
the District Of Columbia Jail.
Tventy-six Of the thirty women COM
mittei % the workhouse on November
Il were affected by the decision and
twenty-three Of them sleep tonight in
the Jail. The other three, Mrs. John
Winters Brannan. Mrs. Henry Butter
worth. and her sister, Miss Cora Week,
all Of New York, were released, each
on Der own bond Of s1OO,[to appear
before Judge Waddill here on the FIRST
Monday in July. The court took this
action after DR.. BranRsh, who was in
court had advised the judgehthat the
physical condition Of the three women
was such as 70 make it unwise to keep
them longer in, jail. [.t.
The other New Totk women who viii
serve the remainder of their sentences
m the Jail Sre.- -
Miss Belle sheinbeTg. Mrs. +. H.
Hornesby, MISS Pauia.Jscobi, Miss Hi5ih
Blum borg, Mss bucS burns. Miss Dor
othS Dave Mrs, Peggy. Baird 'Johus and
Miss Elizabeth Hamilton. e..
The decision may result IN a whole
sale shifting OF prisonsrs now n the
workhouss To- the .pistriet Jail: Law
yers in court sssertsd that any per-
sons comm tted 70 the -WorkhouSe in
circumst anses sins lar 70 those in which
the suffragists were committed cogtdS II
they desire aid have the means. insti-
tute hsbess corpus proceedings. as the
pickets did, and under to-day's rul-
ing, which is the Law until il is; re-
vered. they must be discharged from
the workhouse snd sncarGerated in the
jail. - {,
Judge waddilps decisip9. Mas based
entirely on TIE procedaref hifbSsed in
committing DE wetIeH' tAshe work
house. and wss a severe arraienment
81 he lax methods Of tte DistrictCom-
rissioners. Three questions were pre-
sentsd for TIE consideration Of the
court: co..
The Attendants were sentenced, had
Jurisdiction Of the offences OF which
tbsv were convicted, whether they
were lawfully committed to the work
houSs. and the character. Of the treat-
re1t thew received while they we're
Judge Waddin assumed, as undis-
tuted. that the court in which they
rfrs sentenced had competent Jur4.d'c-
ton because ne would "be slow 20 as
sure that there was not vested in some
tribunal in the District of Columbia
fgI power and authority 70 prevent I'M
lawful sssemblages at the. white
House" On the second point the opih-
ion ssid: .-,-. =
The police court Of the District OF 20 .
hmb.a or the power OF the DlstllcI
Commissioners 20 imprison persons IN
r. Vorknouse at Occoquan for failure
70 pay fines, neither has taken any law
fuI steps 70 exercise such authority
IRE roiice court only fined the petit
to-srs and committed them TO the
Warrington asylum and jail IN default
of ,be payrent thereof; and the DIS
trict commissioners, by whose direction
resnordent claims he hold the peuuon-
srs +ook no formal action 10 transfer
tbfo 20 the wOrkhOuse. The pcuuon-
o.. ave therefore, one and all, m the
t,rsbouee without semblance OF au-
tho-i-y or legal process OF any knd dl-
ieetirg their confinement therein
Af,er the decision had been given
Frsnk II. stevens, for the government
gave. notice Of an appeal, and Mattne"
y. O,Bricu. for the defence, ASKED leaVe
70 fia petition, praying the court ~
DIT some cftthe women VINO had Deeh
A. 0ccoquan on the stand 20 tell the
story Of the alleged brutal and lnhu'
nan,.reatment they had received there,
in otder that other prisoners, II posi-
DE-. might be saved the same Iate;,
on Nr O'Br.en's application, Duaiey
Field Malone addressed the court al
some length. IN the course Of ms re-
mark ne stated that the whole plchet-
iue crusade had been carried out uhNei
ADVICE Of counsel.
Judge Waddill Critical
Judge Wsddill held that be had no
suthor,tv 20 grant any such petition
And LOOKING straight at Mr. Malone re-
II as YOU say. these ladies havs.
d,,a ,.Lat thew have by advice OF
council. I am compelled 70 express inc
o,,.fo,, tbat they have been badly ad-
80 WHY. Just look 20 wnat this
60 ,,io6t lead& Ihete deieHnanvf
80. ladies Of culture and refinement
and In no sense belong 20 zoe i@"Ieo
,io,1s,t Of our society. But. u suchl
- nor citizens can 20 unrebuked ana
,.,,n,ished for the offence q WhleI
49, have been convicted, what n gh'
We expect from the desperate ana the
20 refusing 20 hear the stories o.
slle2sd lll treatment Of the deiendahu
INDIE W&idill announced that ne "oult
.n.srtair q motion 20 admit The women
"a bal Oh ~ parole them in the CUSTODY
81 Their council pending the argument
N the APPEAL. 81 which the government
lad giver notice.
SIR O'Brien announced That Tho
1onen would serve their lfuNncea, r.
giving bail Or accepting = parole wopio
imply gige them liberty on suspended
reni1nes and IL The appeal fhQuld be
decided in favor 81 The government thfy
would hzge % 20 back - the jail and
,erye the remainder o. their sentences
They preferred 70 finish the job now.
Bot before the appeal can be argued
the sfobabiitiez are that the sentence
Of al the women viii expire, except
perhsps, that Of Miss Burns, who Is ~
ior ~ rsssfths -lf-,sa - 'f' ff~
More Plcksting Unlikely
Ard 20 we nave come 70 on end Of the
.(s1 sttore,f "a urod President by