The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-10
NOW JUDGE MADAM SEES IT.
Why George II. Smith was Long Confined
In Ludlow street Jail.


In the chambers Of the Marine Court on
Monday. Judge McAdam heard the application
OF George II. Smith to be released from Ludlow
street Jail, where be has been Imprisoned Tor
nlne months upon judgment obtained against
him by the Centennial Liquor CONF pany. He had
been a salesman for this company. aud having
sold some OF their drinkGbles, had failed to ac-
count for $50 that he had collected, an omission
for which they had him locked up His appica-
tion to be released was made upon the ground
th & his health Is breaking down in consequence
OF his confinement, and that he has no property
with which he can hope to pay the judgment
against him. He has been too poor to employ a
lawyer, aud he presented his petition several
days ago to the court through Warden Watson.
Judge MOAdam then appointed Mr. L. =. Wilder
To appear for him as counsel.
Smiths failing health was shown by the GER
tthcate of the physician at the jail. aud 10y the
person In the court room. An AFFIDAVIT Was read
setting forth that one OF Smiths fellow prs-
oners had compassonateY offered to lend him
f25, that he might tender 10 the Centennial
Liquor Company TO induce their consent to his
Discharge. The company were represented To
ney, MIR. Treadwell Cleveland, refused his con-
sent unless he received $50 for costs, and he was
said TO have declared that he would let the pris-
oner rot IN jail unless those costs were pad.
Mr.. Cleveland produced the record OF smiths
conviction In the General Sessions on charge
OF defrauding linany Co. oi diamond crosses,
rings, and other Jewelry worth over $1,000. and
his sentence TO State prison for three wears and
SIX months and to pay fne of about $500. He
had represented himself to Tiffany & Co. to
one J Is. Smith. a member OF responsible
Kansas City firm, while at that very time was
ander indictmeat In Kansas CITY for having de-
frduded the revenue, and had jumped his bail
there. Two witnesses from linany's were pro-
ouced TO identity the prisoner, aud to testify
that he was not deserving OF belief. Smith him
self was In the court room-a tall swarthy man,
who wnthed under the exposure Of MS record.
Having been called to the witness stand he tes-
titled tn It he bad been visited IN the hospital 10
Stale prison by Gov. Hoffman, and mad received
from him promise of pardon, and that he
afierward had the 1ne OF 5000 remitted, and
had his term Of imprisonment reduced by four
months.
a butter alteration arose between the pris-
oner and Mr.. Cleveland, and smith exclaimed,
Because once maze u nis>tep, must slways
stay down and be hunted like a dog us long as
nyeY Cleveland said that Smith was pest.
and ought to be imprisoned as long us possible.
Mr.. Wilder replied that smith was Just nifty dol
lars worth OF pest, and that II he psd Mr..
Cleveland's costs his Righteousness would
cease Immediately.
Judge McAdam granted an order yesterday
directing Smiths release. He said that because
man has once been convicted Of crime for
which he has suffered punishment, II does not
follow that ne should be doomed TO perpetual
Imprisonment In q civil suit.