Matter of the custody of Alma Nichols.
(Supreme Court, General Term, First Department,
Filed December 30, 1886.)
1. Criminal law—When females may be sent to House of Mercy, etc. —Commitment—Not to be held invalid for ant imperfection or DEFECT IN FORM.
Under the statute, Laws 1882, chapter 410, section 1466, as amended by Laws 1886, chapter 353, providing for the commitment of certain females to House of Mercy, etc., a commitment which recites the facts upon which it is based cannot be held to he invalid by reason of any imperfection or defect in form.
2. Same—When petitioner should be bemanded.
Upon habeas corpus where the commitment recites the several facts necessary to show jurisdiction and the conviction upon sufficient evidence of the alleged charge, the court should remand ihe petitioner even though there be some slight imperfection or defect in its form.
Appeal from an order of special term, New York county, dismissing a prisoner on habeas corpus.
Alma Nichols, a female, aged twenty-two years, was found on the 28th day of July, 1886, in a reputed house of prostitution, in company with prostitutes in the city of New York; was arrested and taken before a police magistrate, and by him committed to the House of "Mercy, upon proof of the facts above stated, under section 1466 of chapter 410 of the Laws of 1882, as amended by chap. 353 of the Laws of 1886.
Writs of habeas corpus and certiorari directed respec*660tively to the House of Mercy and the committing magistrate, were allowed by Mr. Justice Peckham, and the matter having come on to be heard before Mr. Justice Potter upon the returns, no traverse or demurrer having been interposed, the writs were sustained and the prisoner discharged. The commitment was as follows:
POLICE COURT, THIRD DISTRICT.
State of New York, ) . City and County of New YorJe, J is"
By John J. Gobman, Esq., one of the police justices of the city of New York.
To any one of the Policemen of the City of New Yoi'h:
Whereas, Alma Nichols, a female, actually and apparently over the age of twelve years, to wit, vf the age of twenty-two years, was he etofore on the 28th day of July, 1886, duly brought before me for examination, charged before me upon the allegation under oath of Dennis Cahill,11 that she tue said female, Alma Nichols, on the 28th day of July, 1886, at the city and county •aforesaid, was found by said Dennis Cahill, the complainant, at premkés No. 74 Forsyth street, a reputed house of prostitution, and when found the said Alma was in company of prostitutes who are inmates of said house, in violation of the provisions of chapter 410 of the Laws of 1882. as amended by chapter 353 of the Laws of 1886 of this state. And I, having in due form of law examined the sail complainant and the witnesses before me produced, and also the said female, who was duly produced for my personal inspection pursuant to law, and it appearing and having been proven to me to my satisfaction, by competent te.timony and evidence, that the said female is, and on the day last aforesaid was, actually and apparently over the age of twelve years, to wit, of the age of twenty-two years, and on the day last aforesaid, at the city and county aforesaid, was found in said premises, No. 74 Forsyth street, a reputed house of prostitution, and is, and on the day last aforesaid was in danger of becoming morally depraved, in violation of the laws aforesaid. Now, therefore, I do hereby adjudge that the several allegations above set forth and stated to have been proved are true, and that said female is embraced within the provisions of the laws aforesaid, and that it is for the welfare of said female that she be placed in a reformatory, and that said female ¡s a proper object for the care and instruction of the reformatory institution known as the 'Protestant Episcopal House of Mercy, New York. .Now, therefore, in the name of the people of the state of NewYoik, you are hereby commanded immediately to take charge of the said female, and to deliver the said female without delay to the said Protestant Episcopal House of Mercy at its house of reception in the city of New York, to_ which reformatory institution such female is hereby committed, under and in pursuance of the provisions of the laws aforesaid, to be and remain under the guardianship of the said institution during a term of six months, unless sooner discharged by the trustees or managers thereof. And for so doing this shall be your sufficient warrant.
Given under my hand and seal at the City of) New York, this 29tli day of July, 1886. J
JOHN J. GORMAN, [seal.]
Police Justice.
Randolph B. Marline, dist. att’y, for People; Thomas B. Osborne, for resp’t; John B. Pine, for House of Mercy, app’lt.