1. Sun , 19, 21 June 1834. [BACK]

2. Miller, Cops and Bobbies , 45-48; Richardson, New York Police , 16-49. [BACK]

3. Because New York City technically was a creature of the state and had only those governing powers that the state legislature saw fit to grant it, the state could dictate how many marshals there would be. Marshals, constables, and private citizens could arrest without a warrant, though private citizens were more at risk legally if arrest charges were not substantiated. [BACK]

4. Richardson, New York Police , 35-36, 18-22; Miller, Cops and Bob-hies , 4. [BACK]

5. Richardson, New York Police , 25-30.

6. Ibid.; Police Reorganization , DBA, 53:704. [BACK]

5. Richardson, New York Police , 25-30.

6. Ibid.; Police Reorganization , DBA, 53:704. [BACK]

7. Police Reorganization , DBA, 53:794; Richardson, New York Police , 39, 42-49, 99, 163-64. Other features of the reorganized police were the designation of each ward as a police district with its own stationhouse; appointment of a captain, assistant captains, and police from among the residents of each ward; appointment of a chief of police with limited supervisory powers over the force; one-year terms for the chief and all other policemen; appointment of police by the mayor upon the nomination of the alderman and assistant aldermen of each ward (with the aldermen therefore having the ''real" power of appointment); identification of police by a star-shaped badge but no uniform; and refusal by police of all monetary or other rewards except on written permission of the mayor. [BACK]

8. Tribune , 13 March 1844. [BACK]

9. Walling, Recollections , 602. [BACK]

10. Several sources discuss the general corruption of police in this period. Police Justice Robert Taylor in his diary refers to seeing a daybook and register that "gave proof that corruption exists to an alarming extent with many officials connected with the administration of criminal law in the city" ("Diary," 24 November 1846).

A number of contemporary newspapers complained about corrupt law officials, and in 1836, the Herald charged that prostitutes could stay out of jail by bribing policemen with their jewelry (10 August 1836). See also Tribune , 13 March 1844.

Charles Lockwood, in Manhattan Moves Uptown (1976), says that madams in this period paid police so they would have no problems, but he gives no sources for this claim (146).

Smith Hart, in The New Yorkers (1938), argues that police graft was extensive during the 1840s, especially in relation to prostitutes (98, 220-21). His de-

scription of this corruption, from George Wilkes, Police Gazette editor, is a description of the system of fees and fines that existed at the time. He also says that after the Civil War, madams paid precinct captains an initial protection fee of $500 and $50 monthly dues. When a new captain was appointed, initial fees had to be paid again. According to Hart, one madam testified that she paid over $30,000 to police for protection. Hart also claimed that patrolmen either charged streetwalkers $1 to be on the street and then divided the night's earnings with the prostitutes, or they charged a fiat fee of 25 cents for every customer a prostitute serviced. Hart does not specify when this payoff system operated, nor does he document sources for the information.

Tim Gilfoyle claims that in mid-century New York, ward politicians (who controlled the local police) extorted bribes from prostitutes as well as from gambling and drinking establishments. These practices, according to Gilfoyle, led to the extensive system of extortion found in New York City after 1880. His sources are from the later period, however. ("Strumpets and Misogynists: Brothel 'Riots' and the Transformation of Prostitution in Antebellum New York City," 45-65. [BACK]

11. M. Smith stated that police did not meddle with mid-century prostitutes' businesses unless there was a problem or complaint ( Sunshine and Shadow , 371). Investigations tended to occur for theft, harboring young girls, or being very disorderly. [BACK]

12. Prime, Life in New York , 169. In the E. Z. C. Judson divorce trial, Officer Dennis Cochran established the defendant's presence in a brothel (Hastings' house at 50 Leonard Street) by testifying that he had observed him leaving the house from the police station next door ( Herald , 3 October 1849). [BACK]

13. The concept of "friendship" is challenged by those who question the viability of true friendship in a relationship between people of unequal power; the law enforcer always has the power to coerce the prostitute. [BACK]

14. Transcript , 4 June 1836; Commercial Advertiser , 4 June 1836; Sun , 4 June 1836. [BACK]

15. CGS, People v. Margaret Ryerson , 13 March 1834; People v. John Taylor and Susan Shannon , 19 April 1836. [BACK]

16. Superior Court, Divorce Record, "Catherine N. Forrest v. Edwin Forrest," 3 January 1852; Times , 3-26 January 1852; Herald , 6-26 January 1852. [BACK]

17. Police Gazette , 20 January 1849. In the Rebecca Davis disorderly house case, the defendant had a watchman testify to her good character ( Herald , 20 September 1842). [BACK]

18. Richardson, New York Police , 40, 58. [BACK]

19. Taylor, "Diary," 5 February 1846-1 August 1847; Richardson, New York Police , 58. [BACK]

20. Taylor, "Diary," quotation from 24 November 1846.

21. Ibid., 23 November, 6 December 1846. Taylor learned the next day that White had not been his visitor. Chapter 7 discusses other prostitutes who assisted police with work: Eliza Fisher, New Era , 15 September 1839; and Harriet Smith, Police Gazette , 14 February 1846. [BACK]

20. Taylor, "Diary," quotation from 24 November 1846.

21. Ibid., 23 November, 6 December 1846. Taylor learned the next day that White had not been his visitor. Chapter 7 discusses other prostitutes who assisted police with work: Eliza Fisher, New Era , 15 September 1839; and Harriet Smith, Police Gazette , 14 February 1846. [BACK]

22. CGS, People v. Lozier, et al ., 14 June 1831. [BACK]

23. Richardson, New York Police , 74-75. [BACK]

24. Advocate of Moral Reform , August 1835, December 1835, January 1836; Police Gazette , 20 October 1849. [BACK]

25. Prime, Life in New York , 169. [BACK]

26. Sun , 29 November 1836.

27. Ibid., 16 April 1841, 25 September 1835; CGS, People v. Ostrander , 16 June 1831; Ellington, Women of New York , 174; Times , 5 February 1855; Herald , 8 January 1850. [BACK]

26. Sun , 29 November 1836.

27. Ibid., 16 April 1841, 25 September 1835; CGS, People v. Ostrander , 16 June 1831; Ellington, Women of New York , 174; Times , 5 February 1855; Herald , 8 January 1850. [BACK]

28. Herald , 31 March 1850; Sun , 21 March, 22 May 1834; 14 January 1835; 20 April 1837; 13 April 1840; Hart, The New Yorkers , 97. [BACK]

29. Herald , 6 January 1850. [BACK]

30. Police Gazette , 12 September 1846; Tribune , 13 March 1844. [BACK]

31. Herald , 23 June 1848. [BACK]

32. Herald , 26 April 1849. [BACK]

33. Walling, Recollections , 580. My interpretation of the prostitute as "assertive citizen" and as party to "working relationships" with legal officers was made in the 1970s when I first researched and compiled data from police and court documents. Both Anne Butler and Timothy Gilfoyle have articulated similar notions, adding force to this interpretation of the role of the prostitute in the legal community. [BACK]

34. Record of Assessments, 1848, 1850, Ward 5. [BACK]

35. MM, Police Docket, 10 February 1850; Herald , 7 October 1849. [BACK]

36. Police Gazette , 13 October 1849. [BACK]

37. Richard O'Connor, The Scandalous Mr. Bennett , 7-20; Weinbaum, Mobs and Demagogues , 24-27, 41-57. [BACK]

38. O'Connor, Scandalous Mr. Bennett , 21. Twice in 1836 Bennett was attacked with fists and canes by J. G. Webb of the Courier and Enquirer after Bennett wrote articles casting aspersions on Webb's integrity. Webb boasted that in addition to hitting Bennett on the head, he had forced Bennett's jaw open and had spit down his throat. Bennett also was horsewhipped by a Wall Street broker in the late 1830s, and in 1850 a defeated Tammany politician and his friends mercilessly beat Bennett to the ground with cowhide whips while Bennett was walking down Broadway with his wife. Hone was delighted to hear about Bennett's misfortune and wrote that he wished it would happen once a week, "so that new wounds might be inflicted before the old ones were healed." George T. Strong found Webb as offensive as Bennett, describing him as "the unblushing and notorious author of more outrages on honesty, morality, and

public decency than any man I at this moment remember" (O'Connor, Scandalous Mr. Bennett , 21-22, 33-34; Hone, Diary , vol. 2, 908 [entry for 11 November 1850]; Strong, Diary , vol. 1, 224 [entry for 21 January 1844]). See also James Monaghan, The Great Rascal , 169-70, for a description of the assault on editor Judson. [BACK]

39. CGS, People v. Hastings , 4 April 1849. [BACK]

40. Herald , 7 April 1849.

41. Ibid. [BACK]

40. Herald , 7 April 1849.

41. Ibid. [BACK]

42. Herald , 18 April 1849.

43. Ibid. [BACK]

42. Herald , 18 April 1849.

43. Ibid. [BACK]

44. CGS, People v. Hastings , 4 April 1849, Exhibit A, "E. Z. C. Judson to Kate Hastings."

45. Ibid., Exihibit B, "One Who Knows Something to Kate Hastings." [BACK]

44. CGS, People v. Hastings , 4 April 1849, Exhibit A, "E. Z. C. Judson to Kate Hastings."

45. Ibid., Exihibit B, "One Who Knows Something to Kate Hastings." [BACK]

46. Herald , 18 April 1849. [BACK]

47. Court of Common Pleas, Divorce Proceedings, "Annie Judson v. Edwin Z. C. Judson," 29 September 1849, CCHR. [BACK]

48. Record of Assessments, 1840-1860 passim, Wards 5 and 8. [BACK]

49. Judson: Court of Common Pleas, "Judson v. Judson," 29 September 1849; Herald , 30 September, 3 October 1849. Judson was also in court at the same time for his role in the Astor House riots ( Herald , 30 September 1849). See Account of the Terrific and Fatal Riot at the New York Astor Place Opera House on the Night of May 10, 1849 .

Forrest: Superior Court, "Forrest v. Forrest," 3 January 1852; Times , 3-22 January 1852; Herald , 6, 8, 14, 26 January 1852. See also divorces of Childs, Sun , 18 January 1842, and Holland, Police Gazette , 13 October 1849. [BACK]

50. Herald , 31 May, 1 June 1841; Tribune , 21, 27-29 March 1843; Herald and Sun , June 1836; Walling, Recollections , 113-24; Edward Van Every, Sins of New York as "Exposed" by the Police Gazette , 135-40. For inquests concerning deaths, see Sun , 19 August, 19 September, 13 October 1836; 24 October 1842; Tribune , 2 July 1841, 21 July 1842; New Era , 10 August 1839; CGS, People v. Robinson , 19 April 1836. [BACK]

51. Goldstreng: New Era , 10 December 1836; Fisher: Tribune , 18 June 1841, 12 January 1843; Meyer: Tribune , 31 August 1842, Sun , 30 October 1840; Stewart: Herald , 28 April 1849, Police Gazette , 13 October 1849. For other examples, see Tribune , 16 January 1843; Sun , 30 January 1835, 3 March 1840; Herald , 19 October 1850. [BACK]

52. Sun , 3 October 1836, 18 March, 19 June 1834. [BACK]

53. Sun , 19 September 1835. [BACK]

54. CGS, People v. Valentine , 11 March 1833; Sun , 14 November 1836. [BACK]

55. Weinbaum, in Mobs and Demagogues , describes an incident in which a brothel was destroyed by a group because a woman supposedly contracted cholera on the premises (66). Sanger noted that prostitutes were especially susceptible to assaults by groups and individuals ( History of Prostitution , 486).

The Herald , 22 November 1836, after a vicious attack by a group of men on several brothels in November of 1836, reported that they believed there was a relationship to the fact that Jewett's "murderer" had gone free, stating that since Jewett's case "there are villains who imagine they can do anything with impunity." The Sun also editorialized about "citizen" rioters who attack brothels for sport ( Sun , 21 April 1837). [BACK]

56. CGS, People v. Gale, et al ., 14 June 1831. [BACK]

57. CGS, People v. Chichester, et al ., 7, 11 May 1835. For other cases see Sun , 26, 31 December 1833; 8, 22 January 1834; 3, 12 March, 30 September 1835; 29, 30 September, 6 October 1836; 21 April 1837; 5 February 1840; Tribune , 17 June 1841; 12 August 1842; 17 August 1844; Herald , 17 November 1835; 2 August 1836; New Era , 25 November 1836; 11 January, 18, 25 February 1837. [BACK]

58. See Sun , 5-7 January 1840 for a discussion of bullies' targets in the community. The term brothel bullies was used at this time to refer to men who attacked brothels, but the New Era (6 July 1839) used the term to refer to men who were hired by brothels for protection. George Strong ( Diary , vol. 4, 113, entry for 18 November 1866) used the term in 1866 to describe some Irish roughs who were part of the "brutal Irishy" in the Democratic party. [BACK]

59. Sun , 22 November 1836, 19 April 1837; Herald , 22 November 1836; CGS, People v. Graham and Cole , 13 December 1836. Ellen Jewett also got $100 through the court for garments that were destroyed by a client following an argument ( Transcript , 30 June 1834). [BACK]

60. Police Gazette , 2 January 1847. [BACK]

61. Maria: Herald , 23 April 1836; Gamble: CGS, People v. Dikeman, et al ., 14 December 1836; Shannon: Sun , 5 February 1840; Williams: Tribune , 12 August 1842; CGS, People v. Mott , 20 October 1842. [BACK]

62. Herald , 17 January 1844; 5 April 1850; Police Gazette , 12 January 1850; Tribune , 13 March 1844. [BACK]

63. Tribune , 12 January 1843, Police Gazette , 7 July 1849. [BACK]

64. CGS, People v. Hyer , 17 December 1836; New Era , 9 January 1837; Logue quote from CGS, People v. Timpson , 11 April 1842; Tribune , 9 March 1842. [BACK]

65. GGS, People v. Ford , 10 August 1844. [BACK]

66. CGS, People v. Nosworthy , 12 March 1832; Sun , 15 May 1834; Herald , 4 May 1849; Police Gazette , 12 May 1849; Sun , 17 May 1834. [BACK]

67. Sun , 9, 26 December 1833. Quote from defense counsel, Sun , 21 June 1836. [BACK]

68. The judge's charge was printed in Advocate of Moral Reform , 15 June 1836. [BACK]

69. Ogden Hoffman was a native New Yorker and the son of a well-known judge. He served as a Democratic member of the legislature but became a Whig

when Andrew Jackson attacked the U.S. Bank. From 1829 through 1835 he was District Attorney of New York and then for a quarter of a century was counsel in almost every celebrated criminal case in the New York City courts. From 1837 through 1841 he served in Congress. Both Hone and Strong admired him, and Strong wrote that he was the "greatest criminal lawyer of the time in New York, a genial, indolent, brilliant man" (Strong, Diary , xxx; Hone, Diary , xxv). [BACK]

70. Advocate of Moral Reform, 15 June 1836. [BACK]

71. Missionary Intelligence , quoted in Advocate of Moral Reform , August 1835; also 1 November 1841. [BACK]

72. Quote on Shannon from Sun , 5 February 1840; on Julia Brown, Sun , 20 February 1840. [BACK]

73. Police Gazette , 13, 20 January 1849. For examples of veracity and testimony in other cases, see also Advocate of Moral Reform , August 1835, 1 December 1841; Times , 23 January 1852, 22 March 1855; Sun , 9, 26 December 1833, 29 January 1842; Foster, New York Naked , 157. [BACK]