, 1873-08-28
Letter from an Attorney on Attor-
neys as Special Bail.
Yesterdays Divorce Rccord---Tho
r Courts in Brief

porting him and abandoning hor homo, md boing
guilty OF actB Of cruelty. aa charged against hor,
upon which charges tho 1ooroo Of divorce WAS
granted, ho abandoned hor, and ran away, ind
sho has sinoo boeu unable. to obtain any support
from him Or any communication with him. Tho
report Of tic Master OF Chancory shows that ho
examined only ono witnoas as to tho deHertion,
and cruelty charged, namely, the
husband himHe1f. The only othor witnosa Maa q
man who sworo tho husbands testimony waB OIL
titled to credit. Ho reported tho charges proved,
and the Court granted tho divorce.
Marry In haste and repent Mt leisure should
DO painted over tho lintols Of our own county
pafaco Of Justice. Tho last man to fool Tho
poignancy Of tha truth is Thomas J. Covell,
complainant, against Mary L., his wifo, for
divorce. He afarms In his bill that his wife as-
surcd him boforo marriage that showas woman
spectacle connections. She had q Mttlo child
tho fruit, Hho toarfully said, OF union With the
doar departed Mr. Murphy, whose rollct Bho was.
No anlieitous parent waa by to whisper In
and tho simple Tommy drank IN With believing
ears all the siren Baid After marriage, tho Hiron
ia said to haVo become yirago, and, worao still,
turned out to have ncTor boon married, and her
ton. 10 aeparatod from her ia July, and now
wants divorce.
John Whito wants divorce at tho hands Of tho
Circuit Court from hts vito Mary principally
OIL the ground that sho gots on huge apIeos,
Eva Wentzel petitions tho Circuit Court Tor
divorce from her husband, Matthew, charging
him with all manner OF Sins and wickcdnessea
sho iH particularly, an1ioua about her lota on
Wentworth avenuo, botwoen Thirtinth and Thirty
first streets, and desires that her husband shall
not intorfere with them.
ATTORNEYS AS SPECIAL BAIL.
a "gontleman Of tho bar" haa sont tho fol-
lowing criticiam Of Judge Gary'a reeent inst1uc-
tiona to the Clerk Of tho Superior Court, direct
ing him not to take attorneys "a special bail for
caplaa
70 Tho Editor Of The Chitaqo 7F'6une:.
sns: Itappoars. bg Tnk Tn'npsE. that Judge aary,
In tic case of McKenty :. aibbon, ia whioh aIbbon
was tekan capiaa and lodged u jal that an attor.
Of going security tho preliminary bond required
before the isBe Of tho eapaa and! 1t appearing II tho
sn ha n a1 M e.
pronounced tho tond bad, and discharged tho pris-
oner e slso At onee sent word 70 sho o!oEk Of the
attorney security the plaintlffa houd on which
capiaa to iBsue for tho urrest Of any defendant
especially when he, judge Gary should giyo tho order
wjth Que deterenco to uia HonoFs opinion, but pnoo
ho has deemed i necessary to pTongsse 20 impos.
opinion, and to blow II posaible that ho is u error IN
his sonelnsi9ns Ct Tho laW = IT, sate gy rim & IN tao
not from any ungonerous feeling but because attor
noys eonotimoe rondcr fsvorY to thcr clients and
does not prohibit but in plain terms consents to It.
| 'Weunderstand that tho Courts, upon motion 10 dis
efss sS t most Literally for she a prsoner Ths tley
can be permitted to DO when there is ambiguity md an
o sF aeront 81
| thoy must follow tho langlsgo Of tho te1t.
Tho caso OF McKeuty ', dibbon an action Of
AMI placed ia ]al ii this class Of eases, Including
nnps Others there IL injury sometimes dgne BY
roason of tho wrongful suing out Of tho writ there
sss ss ss ass u esa
filed by tho plaintiff, with good ond susciont security
eondoaea for the Vigorous nToseeuoa Of tho aai
VIII vii and il al IL Of thSsss sonas s ii ZIP
| tbs caso to be attachment. Hora - bohd is
died, the writ Issues, and the properly tskent lh9
10 sses p ond o
ssss :ss :sss s. Il si:aasa Il
taken aud hold custody instead Of tho property Of
defendant = 9 n nc n" 3 20 one as bs
eueut,s bond for costs and damages tho Issue OF
injuncua;9. or etteehmena, or repastna: Why then,
ssn issue7 fos they sro essentially alike. and do not
Judge Gary bases his deeiaon wholly upon tho clause
Of tho statute Of 1874 which resdn - follows: And
no cnEn6tef or httorn1S-1t-aRs bhGriG. C0uHtala,
other person concerned in tho execution Of
shall DO permitted to bo special bail In any action.'
And auroly be could nd no other law n tho atatutca
Of Illinois which prohibits attorney from going on
tho preliminary bond for cost and damages, glvcn BY
hls ssut, the rlaintlil. PVT the lay aboye quoted
tiat never o1is until tho prnepal haa bean arrest
ed It IL that which IL furnished tor tho prisoner and
orsy sai Sn ssT S5S TIT IL hs g. ssss
= prisonef,. and did tic attorney, by. going %
tast b9na bec9me "gsefi!s1 Trofion b ~ .as The
ts a;i sse
agos eKy haS .y 9fsr s5,ossd S ns
til hence he WA no prisoner and required to re-
main IN custody to answe. charge At cerqin time
snS @sy Pessi T. saotsd to H - isr aSoly. Wy Is
aays a undersood auretiea, gvun according to law
wo bed5aa sees
oial b. Bays tho authority 1s IN undertaking
tf e
ahall appear at certain tmo and place 70 answer
eorain charge to 20 exhibited against him." pai1,
! thont appcara to be tho suroty which Ia giyeu
to o6sainho reea,e Of prisoner and for his appear
auce at certan ttmo and place to answer charges.
aIcKouy v Gibbons ant wAs not what tho attorney 10.
eao by going On Tie ratnt!.fs bond, for tue bond Of
&c sin ba foo who TSa o
carity II in pursuance Of tho Btatnto in that be-
haif provided, VII. Sec: s. [Bond Of plaipt.] The
aisif require bond of tlo 1iantl0 n penal aum oi
dounle tho amount sued Tor, with security to 10 ap
tic plalu sa 1 tho h. espss % viii seo aud
%itlon aeay and ray tnn defendant i r. al eosts sn5
osas u ssss es st. sas III a 9
bond - .pprosel snd hlea ~ such oork." :
Whore!.l, then, does tlo law support tho Judgos 4
similar t. speeisl bsn,: aud. theretore thas iii
& S sae e sa ssoa
nasn'uch ~ by closo comparison no resemblance car
securities to tic injunction, rspleyin or attachment