The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-05

influences, which rush 70 his rescue and which
anellorats II necessary, the distress which beiAIls
earns his bread with difficulty, has no aid to expect
from friends and rarely has any fund provided for
bis family wne9 the hour o. legal trouble comes
down, but It brushes his dependent and defenceless
family. An eE pay1e atf1davit mot one word OF
the code allows 1t, in default OF ball How many OF
the humber class OF citizen shopkeepers
who earn comfortable supports or any OF
tals under $4,000 are there who can Sc
cure as friends householders with unencumbered
property TO act in their behalf And yet the walls
OF Ludlow street jail can record hundreds Of griev
Gus acts or wrong and diabocal hate, where the
mans business has been destroyed and he has
finally been Cast bankrupt into the streets One
would almost be led 10 believe that the motto over
our judicial tribunals has been changed into ths:-
''Bester for ninety innocent 10 perish than
To have one guilty wretch escape.n When an humble
citizen suffers from tho greed malice OF an iniu-
rated creditor or enemy the punishment falls not
upon him alone. Business NAV be ruined. s0-called
friends will be certain 10 avoid HIM the tenant OF
prison walls, and the cry OF hunger and destituton
nltlmaiely viii come from unprotected babes and
The art-hearted scoundrel who has entailed such
misery chews the sweet morsci OF revenge with COM
placency Ia some secure aud snug retreat aud daily
meets the eye ms fellow man With the proud con-
seriousness OF having claimed all his legal rights Is
u no. TINE Tor decent men to irown upon such acts
anu 10 refuse recognition OF such daslardss Is not
enough that men should bear the burdens Of mis-
fortune Without being oppressed by the law itself
only as they help mankind. the true humanitarian
should assist In overthrowing them whenever they
become cruel TO even single and the humblest
human DeIng. social position, public power. popu-
lar applause, boarded wealth are the heavy weights
IN worldly scales but in Gods balances the least
Thers are % mdrs anaS ns ALL
In New York city upon civil process alone, and
the incarceration varies from oneday to years. With
In the past week one inmate has Obtained his release
from higher Judge, and no longer feels the cruelty
OF man. And this prisoner was In for debt Of sew
snty dollars which ne refused 20 pay and FOR Which
Grant that the debt was just Is 1t not foul blot upon
our cscutcheon that such punishment can be inict-
walls He has to use other eyes, other limbs, other
1nteilects to secure the necessary information and
evidence for hts defence. His means are exhausted
In paying for his board and employing Others to do
what he could 30 much better perform for himself,
besides the constant drain which runs into the vora
thing all this rime while his aiars are fast going to
ruin. Down with Imprisonment for anything but
crime, and let the parole Of honor govern all private
transactions, rs does In Broad street. Let the Gre
ditor on contract or damages retain all his former
rights so lar a. process against property; but utterly
abrogate al authority against tue liberty OF the per
son. Let the doctrine OF cdcedt enpfor govern upon
both Sides and when the transactions OF commercial
life are thus restricted any seller will know whether
to credit BUYER and, except In direct cases OF fraud
or embezzlement, the damage WIN be small. In such
cases compel the creditor to give up any private
right OF imprisonment and let the law punish under
II arrests upon civil process there Is provision
made by which the creditor or plaintiff shall be
charged with the support Of his adversary pending
his Imprisonment. The county pays SO much per
head per week, and thus In u measure aids the at
lacking itigant Does the pubic receive any bcne-
ht nom this large expenditure OF money! Not one
iota that perceive In this respect alone tho
law should be amended; and II our Legislature can
not discover the justice OF passing law prohibiting
all imprisonment except Tor crime u provision
should be made that where any citizen OF this great
republic desires TO deprive his fellow man OF liberty
upon just cause, admitted by the code, the
privilege shall also be accorded 10 him Of
paying five dollars per week for the sup
port OF the prisoner, and whenever the pay
to his discharge. There would he fewer cases OF
malice " crafty. And even now, public attention
having been directed towards the iniay OF existing
law arrests upon civil process for the past seven
days have been few and lar between. The provisions
OF the bail bond should be amended. As they now
stand IL Is one Of the most oppressive feaures Take
an illustration which has occurred within week.
gentleman from the interior is arrested by non-
resident upon . claim Tor $4,000, which the de-
PENDANT utterly denies, as well Us the allegation OF
fraudulent representation by which the arrest was
accomplished. Only one side is Aeard, and the bail
Is fixed ut x3U,000 This does not mean the nominal
sum, but actually 100000 Tor two securities must
qualify III double the sum each. disputed claim,
therefore entails upon the defendant. gen,
states, the penalty OF furnishing eight times
the amount Of actual claim IN unencumbered
property. Any stranger may have u null
titude Of acquaintances In New York, but they may
not be rich househoders; nor when tue .grab galne
Is played upon HIM may he be able 10 md them IN
'eossas"'
times. So here. gentleman who could easily give
bond for million at home to answer any suit, has
been compelled to submit 10 weeks incarceration
at the suit OF q nonresident Is that case less
grievous than that OF Mr.. B0wess And, without
passing upon the merits OF tine case which will be-
properly adjudicaed hereafter, was II honorable IN
the nonresident plaintif thus TO take advantage OF
his adversary, IL the evident result OF malice
Is Il not rather tue characteristic of the assassin
who would stab his adversary IN the backg
Take another case, occurring ON the same
day gentleman from neignboring State,
who served his country with galiantTy
and distinction during the late war as u
general In the army. and who for four years has
beena candidate upon the state ticket was so uIl-
fortunate Us 10 have dispute with railroad cor
porafion anu To incur the intense hatresoOf It's
officers. The necessary affidavit, coupled with
charges OF false representations IA made, and the
General IN promptly consigned 10 Jail, there to wait
for 100000 pail. Ills wife IL la delicate health, aud
II would risk her life 10 inform her where the hus-
band Is; and she wonders ut such continued alb
sence, though friends inform her that sudden and
urgent business mas called him away. Meanwhile
his interests In heavy engagements are Jcopardlcd.
Every day may cause MIN loss OF thousands. The
prosecutors know II, aud, giving the screw another
wrench, they propose ~ compromise, which u IN
dignantly rejected az an admission that would stain
hts honor. 10 cap tue climax his wife gives birth TO
an inIant while the refined and honorable husband
can only look through his iron bars or madiy chafe
over ms accumulated wrongs.
These are not fancy sketches, bnt actual occur
rences Ia the Christmas week. And 10 accomplish all
TINS what was necessary on the part Of The planirr
simply 10 give security 10 pay the costs. II thcre any
remedy les. The dcfendent alter several years
OF litigation, may prove init the plalnan had no
right to arrest MIN. lie may have spent several
Thousand dollars IA accomplishing this, and then
he may throw several thousand more after them und
amuse himself with several additional years VI
litigation TO secure amount of damages which
viii not reimburse onc-half the outlay. and this il
justice.
In giving the bail It docs not necessarily follow
that discharge cnsues. The plaintin mas the right
10 except ana may have eight days time To examine
into the soyency OF the bondsmen. lie may even
then require ave days more. and finally may have
an examination before the Judge before the bonds
can JUSTIFY All this time the sheriff must hold
the prisoner IN jail, or become his gunrantor nd-
vidualy II he permits MIN 10 go at large IA u the
interest," OF the sheriff do sos or the jailors ~
scarcely Hence there ~ no disposition upon the
part OF any ocal expedite the release of prison
ers II there Is any bias u would probably be In Ia
vor 0i their detention.