Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-02-10
III. n. stone,a Case.

AS there has been some misapprehenson in
regard to the views expressed by Judge Shaw
at the hearing on H. D. Stones petition for
discharge from Jail, we copy the following
from the Daily Advertiser -
"The Chief Justice said he regretted he had
not had more time to consider the case and to
consult with the other members of the court,
but he felt it his duty upon a matter of this
nature to come, if possible, to an immediate
conclusion.
On the commitments for contempt the petit
toner was, of course, after the decision before
referred to, entitled to his discharge. AS the
first proceedings in insolvency were void, the
commitment was cordm non JUDGE, and void.
Upon the arrest and detention on the wrtts
there was more doubt.
As to the point that the arrest on two writs
was made after sunset, and was not autlloriZ-
ed, his Honor intimated an opinion that that
part of the statute which requires an arrest af
tel sunset to be specially authorized, applies
only to the arrest of a party previously at lib
erty, and not in Jail already, who NAV desire to
give oaii or tind magistrate to take the oaths
necessary to save himself from going there
but that where the party is imprisoned already
the provision is not applicable, and the arrest
may be made at night without special au-
thoritv.
His Honor remarked that the officers return
seemed to be wholly suficient,as by the words
writs, and affidavits, he included everything
annexed thereto.
AS to the suticiency of the affidavits on the
other grounds suggested, he said the object of
the statute of 1857 was to coerce payment. or
the disclosure of property either secreted or
invested In foreign places beyond the reach of
our laws, and that, in this view the allegation
that the creditor had reason to believe the
W. oh IN, Lon, IL
-ecution, if obtained, because coercion before
this is useless,) could not be served upon him.
becomes the most important and leading one
and the Others may be considered as somewhat
incidental to this.
On the whole, he had not been able to come
to the conclusion that any of the arrests were
invalid, and he should hold some Of them GER
tainly good; but he would adjourn the case
FOR the consideration of the full court in the
afternoon.
AT 81 oclock, the hearing was recommended
before all the justices except Judge Hoar, and
substantially the same arguments were pre-
scented as before.
After consultation, the Chief Justice an.
nounced the decision of the Court, that the
arrests in the three suits in which the credit
ors affidavit contained no allegation that de.
PENDANT had property which he did not intend
TO apply to the payment of the plaintiffs
claim 1.-THE suits Of +. Willard ct al. I. w.
Wellington and ID. II. Fitch ct al were clear.
ly illegal and unauthorized. Upon the other six
arrests the Court had not been able to come TO
decision, and would reserve the questions
arising out OF them for further consideration.
The order might be that the prisoner be dis
charged from arrest on the commitments for
contempt, and on the above suits. but remand.
ed on the other suits, to be held in custody or
discharged, according to the decision of the
eltn
transmitted to the Sheriff Of Worcester Coun.
V."
The final decision. in regard to the six writs
upon which Mr.. Stone is now held in Jail has
not yet been declared.