Democratic enquirer. [volume] (M'arthur, Vinton County, Ohio) 1867-1873, 1869-03-17

II has been often asserted that the laws
of the state of New York do not permit i'm
prisonment for debit and not q lawyer can
be found in this great city who will not as
sure the unfortunate debtor that he cannot
be deprived of his liberty because of his in
ability to meet his pecuniary obligations.
But there are at least fifty intelligent men
within easy call OF the City Hall who will
testify in any court that this is legal fic-
ton These fifty men are the victims Of
debt, and at least forty of them are now
involuntary soiouTners in prison OF this
city, built and used expressly for the ac-
commodation of that class of persons who
do not find it convenient or possible to pay
their debts
HOW IT Is DONE.
It is true that no man can be legally de-
prived of his liberty in this State simply
because of his inability to pay what he
owes. Buta defendant may be arrested
and deprived of his liberty upon an afi-
davit setting ferth that he is q nonresident
and is about leaving the State, or that,
being resident, he is about to abscond,
having incurred liability for damages,
and for wrongfully taking and keeping the
property of another. A man may also be
arrested in an action for q fine or penalty,
or on breech Of promise to marry, or for
money received or property embezzled
while acting as the agent for another. Also,
on an allegation of false pretences or fraud
in obtaining credit the debtor may be ar
rested and held until he discharges the
obligation or disproves the allegation
A WARMING To COUNTRY MERCHANTS.
Such are the provisions of the statutes
of this state. Now let us look Mt their OPP
Grafton. William Smith is n merchant in
Omaha He comes TO New York twice a
year, and purchases goods on four or six
months credit He meets all his obliga-
tions for a series of years, but finally be-
comes embarrassed and fails. Being found
in this city, one of his creditors makes an
affidavit that he believes Smith means to
deiraud him of the amount he owes. An
order of arrest at once issues, and
unless Smith can disprOve the belief
of his creditor, or give bail for the amount
he owes, he is locked up in the prison pro-
vided for such cases, and held in dursnce
until such time rs he can furnish security
or find evidence with which to aisprove the
allegation against him. Messrs Claflin &
n. L
BILE IL Co., or anV other of our merchants
can thus imprison any debtor they NAV
have who does not meet his obligations at
ina turity, the only requirement being that
they make pro fOrma affidavit that they
| beiere there is an attempt to detraud.
FoRrY-FIvE VICTIMS.
The Ludlow street Jail, where this class
of cases are kept now contains forty-fve
prisoners for debt. The number is now
small the average usually being about
fifty These are not all innocent sufferers.
In many of these cases the law is working
Just punishment for intended or accom-
plished fraud. In other cases the parties
are the victims of misfortune and unfeel.
ing creditors. A glance at some of these
cases will show the outrages our statutes
permit while pretending to forbid incarcer-
alton for debt,
STONY OF MICHIGAN MERCHANT.
A merchant doing business in Michigan,
witha partner, incurred obligations with
some of our leading mercantile establish
ments to the amount of $40, 600 or $780,
COO The purchases were made by the
partner, who subsequently absconded,
|
merchant with whom he was associated in
the lurch, The honest merchant at once
put what was left of his assets in
the hands of receiver for the
benefit Of his creditors, and came on to
this city to negotiate settlement Of the
obligations of the firm. At once he was
arrested on an affidavit based on informa-
ton and belief" alleging fraud, and the
famous Ludlow street Jail became his fore
ed dwelling place. For four weeks he was
detained in that pl son, and at the end OF
that time the creditors chose to believe his
statements, and allowed him to depart and
wind up his business in their interest. Bat
for the option of his creditors, the walls of
that prison would have held him until he
was gray
A VICTIM OF MALICIOUS PERSECUTION.
Among the present occupants of this
American Marshalsea is young man of
this city, who has for two years been n VIC
tim of malicious prosecution. He wa9 n
commission merchant in tobacco. One of
his customers failed for large amount,
embarrassing this merchant to such an ex-
tent as to prevent his meeting his obliga-
tions. He called his creditors together
andm an exhibit of his affairs. He was
owing $50 600, and showed assets for
about the same amount, not including
n house and lot standing in his wife's
name. He asked time to convert his
assets without sacrifice. His creditors de-
manded that ne should turn his family in
to the street and put his wifo's homestead
into the common lot of his own assets.
This he declined doing, and proceedings
were commenced against him. He took
the benefit of the United States bankrupt
law, only to find that did not release him
from the debts incurred as commission
merchant or agent. He was arrested in
April 1867, and Immediately gave bail.
In October of the same year he was re.
arrested on another OF the same Sc
ries of claims. After three weeks in pri-
son he again gave bail. In April, 1868, he
was arrested again, and again gave bail. 49,
In September last he was once more taken
into custody, and being convinced that he
, would be rearrested as often as he should
procure bail, concluded to remain in iail
| where he now is, having the privilege ot
good board Mt SIS per week, but deprived
, Of liberty or the means of earning q sup
port for himself or family. Let it be re-.
corded as au addendum to this case, thai
! among this mans creditors are three news,
= paper establishments of this city, none o
2 which have or probably will push thei
claims in this merciless manner
FOURTEEN MONTHS A PRISONER
; Some time ago well known real estat
operator of this city became involved in
law suit, IN the course of which he com
mitted technical contempt of court in no
obeyingan order requiring him to give
clear and valid title TO a certain piece o
property that had previously passed ont o
his possession. He was arrested and pu
into the Ludlow street Jail to meditat
; on the rewards of virtue AM
the uncertainties Of the law. After re
: naming fourteen months prisoner 70
not doing what he could not do, the Su
, preme Court, at general term, decided
that the Lower Court had no right TO re
J quire an impossibility, and that therefor,