The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-13
THE WRIT OF Ne EXEAT AND ITS OPERATION
Three Months in an Underground
Gel for No Offence.
A BARBARoUs RELIC OF TEE PAST.
The story of DIR. Vava-
sour Noel.
LOVE, MARRIAGE AND DIVORCE,

The humane element OF society In this city and
vicinity is just now considerably exercised over
the case Of DR.. John vavasour Noel who for the
past three months has been lying here In prison In
cell five feet underground, where he might con-
tinue to lie till doomsday II some kind-hearted
people had not bcstirrcd Themselves In his behalf
ana made public the infamous law and. the In
famous proceedings by which this gentleman, ON
writ Of ne ereat, sworn to by Witnesses with whom
he had had no conversation for six months prior
to the fling Of their afldavits was thrown into
jail to await the good pleasure Of the Vice ChaAce
l0r OF the State In our administration Of what Is
called 'Jersey justcen we are Apt to forget that
even in this State Of rigid righteousness very cruel
and tyrannical things may be done under form OF
law. In
THE REVISED STATUTES OF TIE STATE
1t Is decreed that the Court Of Chancery shan be
considered as always open for the granting OF In
functions and writs Of ne ereat to prevent the de-
parture Of defendants from the State, but NO writ
Of ne e1eat (which means no going QUIT shall be
granted unless satisfactory proof be made to the
Chancellor that the defendant designs quickly to
depart from the state, and II granted the Chan
Cellor shall direct that the sum OF bail and the
surety or sureties be endorsed thereon. The thing
Is SO obvious that II Ia unnecessary to point out the
opportunity Afforded by this law for the unscru-
pulous and malicious complainant In case to
wreak his vengeance on O helpless and perhaps
innocent defendant. Enough for him to procure
couple OF witnesses to swear the defendant has an
Intention Of leaving the State aud he Ia forthwith
thrown into jail unless he can procure the I'M
moderately high bail which Jersey judicial au-
thority deems ut to affx Ia oil such cases.
A RELIC OF BARBARISN.
The statute as it operates conflicts directly with
the humane and benencent spirit Of modern consti
tutonal law. 1t Ia truly relic Of barbarism, and
must certainly antcdate Magma Charta ana its
brightest gem Of wise and mcrciful inspiration the
habeas corpus Happily, New YORK State has
wiped OF this disgrace of its statute books, but old
fashioned Delaware and New Jersey cling to 1t In
all its repel!ant antiquity. 1t is doubtful II those
curious lovers Of reason and equity, the people Of
the western States, would permit the enforcement
Of this statute, though Incorporated In their
State laws. II among them friendless man, for
no offence whatever, were immured in loath-
some cell to langush and rot at the pleasure OF
State official or until Heaven inspired some bene-
VIOLENT people OF wealth to subscribe his enormous
bail those plaln-t thinking, plain-dealing people Of
the West would be very apt to pull down the jail
ana set the prisoner free. In this State, however,
there is q calm and Christian conservatism beyond
all eulOgy.
The complacency with which these people can see
an awry movement OF tho law twist around ana
strangle an innocent victim IL not 30 common west
of the AIeghanies. came down here expecting TO
find much exaggeration respecting the case OF DR..
Noel. Thought 1t impossible that anything 90 re-
pugnant to our ideas OF law and justice as impris
oniug man for no ofencc In tho jail for common
criminals, in cell only at for dog kennel, and
demanding Of him impossible ball. could ever have
happened on the soil OF New Jersey. The facts,
however, surpassed my worst expectations.
THE PRISONER IN THE UNDERGROUND CELL
u was moonlight and bitterly cold when, In COM
pany with o merchant of Philadelphia-Mr j. II.
Real, whose warm practical philanthropy in behalf
OF penniless and unfortunate sufferer from 'Jer-
soy justcen has at least the merit Of being rare In
this secton-I called at the prison. 1t was past the
hour for admittancc, and John, the conscientious
night watchman, looking through transparent
hole on the frosted pane beside the massive
doorway, said 1t was altogether impossible for
any man, woman or child to be let In at such an
hour.r Finding however, that HERALD reporter
up stairs, and that 0bliging official gave orders
Immediately to honor the visitors application. A
descent OF I've or SIX feet brought us on the base
residence. and above that the court rooms. A
broad wbtewashed, wcll-lighted corridor led from
ms ma s.1P ron PARTITION in the centre Of which was
an opening that marked the entrance to the prison
proper Inside this the most notable object WAS
fierce bulldog, 'harmleBS as chtld !" as John OBJ
prisoner to bits II he stirred to cscape.p This is
titIon into low, dingy Corridor, we soon reached
the cell of Dr. Noel. He was In bed with his clothes
on, and complained Of feeling nervous and feyerlsh;
turned up her nose at him. She has been seeking
divorce from him, and the story Of the case WIN
through the nterstices In the iron lattice door OF
his cell was quite an ingenious performance, re.
quirine something more than simple turn Of
WV ATMOSPHERE or THE CELL
| sent out sickening odor that In q horrible way
natural s pailor and gray hair Of the prisoner 10
highly refined gentleman 81 oniy twen1tyni nine
brought se up sse 81 ye
| prisoner, but 1t was designed to accommodate as
many as three or four i1 an emergency: Looking
bench in close proximity TO q naked funnel
wa1 to Fender TOP q
aroma less offensive. A hollow cylinder close to
the ceiling was Intended 70 warm the cell The me
his head on Are II left hts feet stone cold. g
| A BROAD, DAMP STREAK
| extended across the ceiling and c0unteracted
whatever good intentions the cylindrical heater
| might have. In the silence OF the night mob OF
rats held carnival on tho aoor and o., such n9usc
| presumption rights everywhere IN the CELL Inc
prisoner was profuse IN his expressions Of graft:
done done much to amelIorate the woiui misery Of MS
position. Looking at him as nc sat on the little
| Wretched bed near the cell door tt was hard TO
withhold from him the largest measure OF sym
WITHOUT A PENNY AND WITHOUT FRIEND,
l except such friends as the story OF his unhappy
| fate had brought him forced from his vile through
cruel and baseless Misrepresentation made to her
/ by those who had an Interior motive In securing
1 an eternal separation between them; thrown into
prison on the pretext that he medtated leaving
| the state and retaining the custody OF his own
child, It was little wonder II this young man,
sprung from some OF the most ancient families Of
| yavasours-a graduate, with high honors, Of the
| nrst College in Canada, and son OF once proml-
nent oiiicial of the Dominion government, should
have succumbed to the trying character OF his i'm
prisonment; that the color should leave his cheeks
and the let tlnge of his hair turn to silver
| TIE PRISONER TELLS HIS wRETCHBDNESS.
The prisoner said, In reply to the question as to