The Conservative. (M'connelsville, Ohio) 1866-1871, 1869-03-12
6tneral SnttlliQentt.
IMPRISONMENT FOR DEBT.
Operations of the Fraudulent Debtor
Hot-Finy Debtors IN Prison An New
From Tho Now York sun, Feb. al

From the New York sun, Feb, 22l
, II has been often inserted that the laws
of the state of New York do not permit inn
: prisonment for debt; 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
I ability 10 meet his %pecuniary obligations.
But there are at least fifty intelligent men
! vithin easy call d the City Hall who will
q testify in any court that this is n legal ic-
ton. These fifty men are the victims of
debt, and ut least forty Of them are nov
} involuntary soiourners in n prison Of this
city, built and used expressly for the nc
commodation Of that class Of persons who
do not find IL 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 paw what he
owes. But a defendant may be arrested
and deprived of his liberty upon an afi-
davit setting ferth that he is n nonresident
and is about leaving the State, OF that,
being q resident he is about TO abscond,
having incurred n liability for damages,
and for %wrongfully taking and keeping the
property of another. A man may also be
arrested in an action for n fine or penalty,
or on n breech Of promise 10 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.
WARMING To oUNTR
Such are the provisions of the statutes
of this state. Now let us look at their OPP
emtion. William Smith is n merchant in
Omaha He comes 20 Now York twice n
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 10
defraud 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 mp in the prison pro-
yided for such cases, and held in durance
until such time rs he can furnish security
or find evidence with which to disprove the
allegation against him. Messrs. Clafin &
Co, A. T. Stewart & Co., Arnold, Consta-
BILE * Co., or any other of our merchants
can thus imprison any debtor they NAV
have who does not meet his obligations ut
maturity, the only requirement being that
they make n pro formd affidavit that Hey
belieue there Is an attempt 20 defraud.
FoRTy-FIvE VICTIMS.
The Ludlow street Jail, where this class
Of cases are kept, now contains forty-fye
prisoners for debt. The number is now
small, the average usually being about
fifty. These are not all innocent sulferers.
In many Of these cases the law il working
q just punishment for intended or accom-
plished fnud. In other cases the parties
are the victims of misfortune aud unfeel.
ing creditors. A glance ut some of these
cases will show the outrages our statutes
permit while pretending TO forbid incarcer-
alton for debt.
STONY OF A MERCHANT.
A merchant doing business in Michigan,
with n partner, incurred obligations with
some OF our leading mercantile establish
ments to the amount of $40, 600 or $50
900. The purchases were made by the
partner, who subsequently, absconded.
leaving both his creditors aud the honest
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 n receiver for the
benefit OF his creditors, and came OH TO
this city TO negotiate n 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
cd dwelling place. For four weeks he wag
detained in that prison, 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. Bnt
for the option OF his creditors, the walls of
that prison would have held him until he
was gray.
VICTIM Oh MALICIOUS PERSECUTION.
Among the present occupants of this
American MaTshalsea is a Young man of
this city, who has for two years been a VIC
tim OF malicious prosecution. He wag n
commission merchant in tobacco. One of
his customers failed for a large amount.
embarrassing this merchant to such an ex-
tent as IN prevent his meeting his oblipa-
tons. He called his creditors together
and a an exhibit of his affairs. He was
owing $50, 900, and showed assets for
about the same amount, not including
n house and lot standing in his wife's
name. He asked time 10 convert his
assets without sacrifice. His creditors de-
handed 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 hankrupt
law, only to find that did not release him
from the debts incurred as n commission
merchant or agent. He was arrested in
April, 1867, and Immediately gave bail.
In October Of the same year be was re-
arrested on another OF the same So
ries of claims. After three weeks i'm pri-
son he again gave bail. In April, 1868 he
was arrested again, and again gave bail.
In September last he was once more taken
into custody, and being convinced that he
would be rearrested M often as he slould
procure bail, concluded to remain in iaiL.
where he now is, having the privilege of
good board at $40 per week, but deprived
OF liberty or the means of earning a sup
port for himself or family. Let il be re-
corded a. an addendum 10 this case. that
among this man creditors are three news
paper establishments of this CITY, none of
which have or probably will push their
claims in this merciless manner.
FOURTEEN MONTHS A PRISONER.
Some time ago a well known real estate
operator Of this city became involved in a
law suit, IN the course OF which he COM
mitted technical contempt of court in not
obeying an order requiring him to give a
clear and valid title to a certain piece of
property that had previously passed out of
his possession. He was arrested and put
into the Ludlow street Jail to mediate
on the rewards OF virtne and
the uncertainties Of the law. After re-
manning fourteen months a p%risoner. for
not doing what he could not do, the Su-
preme Court, mt n general term, decided
that the Lower Court had no right 10 re-
quire an impossibility, and that therefore