"If there are any petitioners that you claim have not been brought here because they have been carried beyond the jurisdiction of the courts, I think we should know it," ruled the court. "Counsel for these ladies want them here; and they say that they ought to be here and are well enough to b here; that the respondent here has spirited them away and put them beyond the jurisdiction of the court. On that showing, unless there is some reason why they ought not to come, they should be here."

Miss Burns and Mrs. Lewes were accordingly ordered brought to court.

This preliminary skirmish over, the opening discussion revolved about a point of law as to whether the Virginia District Court had authority to act in this case.

After hearing both sides on this point, Judge Waddill said:

"These are not state prisoners; they are prisoners of the District of Columbia. They are held by an order of the court claiming to have jurisdiction in the District of Columbia. But they are imprisoned in the Eastern District of Virginia, in Occoquan workhouse which, very much to our regret, is down here, and is an institution that we alone have jurisdiction over. No court would fail to act when such a state of affairs as is set forth in this petition is brought to its attention.

"Here was a case concerning twenty-five or thirty ladies. The statement as to their treatment was bloodcurdling; it was shocking to man's ideas of humanity if it is true. They are here in court, and yet your answer denies all these facts which they submit, It is a question whether you can do that anal yet deny these petitioners the right of testimony."

Proceeding with this argument, the defense contended that the act itself of the District Commissioners in sending prisoners to the Occoquan workhouse was illegal; that no formal transfer from one institution to another had ever been made, the sentencing papers distinctly stating that all prisoners were committed to "the Washington Asylum and Jail."

"We deny that the records of the Commissioners of the District of Columbia can show that there was any order made by the Board for the removal of these women. The liberty of a citizen cannot be so disregarded and trifled with that any police official or jailer may at his own volition, commit and hold him in custody and compel him to work. The liberty of the people depends upon a broader foundation."

Repeated questions brought out from Mr. Zinkhan, Warden of the Jail, the fact that the directions given by the Commissioners to transfer prisoners from the jail to Occoquan rested entirely upon a verbal order given "five or six years ago."

"Do you really mean," interrupted the court, "that the only authority you have on the part of the Commissioners of the District of Columbia to transfer parties down to Occoquan is a verbal order made five or six years ago?"