Year: 1869




Before Judge CardoZO.


m the Natter Of the Habeas Corpus Proceeding IN
BeAalr Of Anna e. Pearsa1 ana Joanna O'Comnor.--
The adjourned hearing in this extraordinary case,
extraordinary both In its commencement and con-
clusion, took place yesterday morning. The
two petitioners ir will be remembered
were arrested by Judge Cardozo about two weeks
since for alleged contempt OF Court In that they
aided the nght Of their sister Julia Pearsal, alias
NcGraw, FROM the jurisdiction of the Court, taking
her child with her, the child being at the time the
subject OF litigation by its father who desired to
have custody of 1t. The petitioners in this proceed
ing are women OF Ill repute and their sister lived
with them for o time after obtaining divorce from
her husband; and second charge against them, in
addition to the contempt, is tnat they keepers
Of o bawdy house.


The court room was crowded to excess, the peti-
TONERS occupying seats IN one corner, somewhat
shielded from the vulgar gaping gaze Of the throng.
Edwin NJ. Stoughton and another lawyer, together
with the Dc AHe%e the
singly for the prisoners, both Of whom were eie-
gam James SOC o'C fabb opened the proceedings by ask.
ing the permission Of the Court to say & few
words IN regard to this matter. The Court was vas
o susUay s IN Of me he s
was one Of the counsel for Mrs. McGraw: Pending
the decision Of that matter the mother left THIS 1urs
counsel was Of such q nature that he believed be
had full knowledge Of the feelings and thoughts 81
these two women, who are now charged With con.
tempt, and he could say, upon his professional
honor that was his firm conviction that neither Of
in any manner the flight Of their sister. Nor did he
believe that it was at all IN their power
o Was made Sy he 81 speaker as an oe
OF this court believing IL to be due to the court to
these womeit and to himself that the statement
women In this case he should certainly have advised
them to take the course which he believed would re-
ment to His honor through their counsel OF by them.
Selves and placing themselves upon the mercy Of
AS to the other charge he knew not; they might or
they might not be guilty He presumed that perhaps
their confinement In prison might prevent their pro-
curing the necessary bail, and he would therefore
ask his Honor to take into consideration these cir
cumstances and permit them to 90 on parole.
was at all times ready and willing, upon any proper
representation in court in behalf Of these mis-
contempt, upon any reasonable proof either that
they were originally innocent of completely In 1t or
they ana their counsel did not agree with the Court
In respect to the course to be pursued They thought
Il wisest to defy the law and the Court and, while
suggestions Of Mr.. Fabb, yet as he was not their
counsel it was impossible that the Court could act
upon his suggestions. 1t was entirely proper how
ever for the gentleman, having been concerned in
the civil suit to make these suggestions but for the
Mr.. Townsend then rose and said that as counsel
for these women he desired to place himself in
proper position before this courtn such position,
He appeared for these women simply because they
were charged with an offence OF which they said
released from imprisonment lie had never
made any attempt to defy thls Court; he had never
Court nor limited at such. The women insisted tnat
they were not guilty OF the contempt and ne then
be the first to Withdraw from the case. He trusted
that the Court would look upon him In this case as
IN officer OF the court endeayorlng 70 discharge the
duty of every lawyer towards his Client II was
never intended TO throw any suspicion on the mo.
tive which induced this court to take the action 1t
asked that these women should not be Kept
In jail longer than was necessary, upon
OF oer aa these Which Ks
Honor had heard were erroneous. In regard 10 the
question as to the keeping OF bawdy house ne de-
sired to have an examination 10 the case OF Miss
O'Connor. She denies that she has ever kept such
auS en- MiA iTssaa to Mrs. Pearsa he
Judge Cardozo said that he had no intention,
sitting where he then did, to answer the counsel.
All ne desired 70 do was to make rightdspQsltion
OF any branch OF the case II properly presented.


Mr. TOwnsend-Then ask for this examination.


Judge Cardozo-Then you may examine them


Mr.. Townsend--I desire an examination only in
the case Of Miss 0'Connor; waive examination as 10


Judge Cardozo said that 80 far as the other matter
(the contempt) was concerned II counsel wished 70
submit afidavts the Court would look at them IN 10
the course OF the day, aud would decide what bail
the prisoners should he required to give or counsel
could have an examination now II no wished It.


saasestion Dael Sy the District ATTORNEY that the
women should be examined on the witness stand


Judge Cardozo stated that IL was ms IMPRESSION pres m
davits ana he would settle the question Oh oau
The District Attorney reiterated his views and
Thought 1t would be better to examine the women
under oath, as statements upon paper did not
aiways convey q true Impression, and the Court
ind "
oral witness much OF the spirit OF their entire EVIL


MI 'rovnsend thought that perhaps the suggestion
of the Court would be the wiser one 70 follow.


Judge Cardozo said he had never required any.
shond II submit ain to the law Perhaps however he
had gone little further than ne snoulu nave aone
IN saving that 4 they a1d submit ,h 'oSn,ar aSsm y y
should be proven that they did not commit the con.
tempt or thatif they had dono so it was beyond
70 deal Justly and promptly with them. II they
were 70 be examined before the court perhaps
+ would be best that they should ~ dIst iirst
mad IN MS possession on the subject and
ns was why he had offered TO - take axe sub
to-day, and admitting them to some amount Of ball
within their means. In respect to the bawdy house
matter ne desired 70 know what counsel wished te


Mr.. Townsend said that in Miss o'Connor's case nc
desired an examination, but would waive examina


Judge Cardozo-Do you propose to proceed now


Mr.. Townsend-I am ready, sir iou VIII allow
me, OF course, TO waive examination In the case o
Mrs. Pearsall2


Judge Cardozo-No, you must waive examination
IN the case OF both II you waive examination fol
one.


Mr.. Townsend then walked to the corner and con
suited his clients for few moments, aud upon re
turning said, upon the question OF the bawdl
house. II your honor please, we waive examinatior


Judge Cardozo-very we'll. then; will fix the bal
in tho course OF the day.


Mr.; Townsend then handed the afndavlts Of tn,
petitioners to the court, but upon Judge Cardoz,
being informed that the aIldavts had already
been published In the newspapers he directed then
TO be read.


The atlidaytts made by the petitioners were thel
read by Mr.. Townsend, and recaptuated the crcum
stances OF their arrest and Incarceration; that the
had never been confrontedlwith their accusers o
any official notification given them OF the charQ
preferred and upon which they were arrested The
also denied that they had In any manner whateve
nided the cscape OF their sister, or that they knew