The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-08
THE MARTYRS OF DEBT.
Abuses Growing Out Of ImpriSon.
ment for Debt.
LEGISLATIVE AMENDMENTS NEEDED
A Careless Administration OF Justice Which
Should Be Corrected.

debt, and the HERALD has promised make an In
vcsligaton in every In which there appears just
ground for complaint careful inquiry was directed
be made into this subject. The result seems 10 be
that, whether from the fault OF the law or tho abuses
which have grown up careless administration
OF justice, there undoubtedly many cases IN which
men are imprisoned in Ludlow Street JAN and held
tor terms OF considerable length committed
no crime excep. tho serious one Of being poor or
course, where man has obtained goods money
false or fraudulent representations It Is ad-
mittcd on all sides that his detention In jail Is only
just punishment But there Is even question AS to
the justice and wisdom OF that provision OF the Still
well act tundcr which Imprisonment for debt is
posed to be abolished but Is not abolished in fact
which allows the summary arrest OF tho debtor whcr
ever the creditor chooses TO charge fraud. certain
looscness has undoubtedly grown up in issuing these
orders OF arrests, and very many have been I'm
prisoned Of late years In Ludlow Street Jail who.
upon subsequent showing. but not until after great
delay, have been discharged the ground that the
allegation OF fraud could not DO maintained, and
only made In order to throw tho poor debtor into
prison, proceeding often the result OF malice Spite
On these and other cases OF loyal oppression Deputy
Warden W. L. Gardner, OF Ludlow Street JAIL who has
occupied the position Tor twenty years, is prob
ably the best authority that could DO named aud his
views were therefore, sought
DEPUTY WARDEN GARDENERS VIEWS.
Mr. Gardner stated that there In hts experience
undoubtedly a great many cases in which tho law
seemed 10 have operated harshly, oppressiveiy and
even uujusty.
"Take, for instance, imprisonment for debt alleged
10 have been contracted by fraudulent represon-
tatton,'' said MT. Gardner; 'lt is often only q
tool OF persecution and hardship. All that tho
plaintiff needs 10 DO Is TO make AFFIDAVIT, that
he believes tho defendant intended TO defraud
him In order 10 throw him into Jail for an indcG-
mite length OF tmc and the payment OF tho debt
Is generally the foundation for tho belief Tho debtor
Is arrested and has to whit Tor the laws delay pro-
cure his discharge, when, IL tho truth known,
the plaintiff Just anxious to soil rs tho defend
to buy, and, knowing that he had tho law of
arrest to help HIM out If the buyer did not pay tho
plaintiff was willing to take his chances +"
When Mr. Gardner was asked what remedy he had
suggest for this abuse OF the law he replied that
judges should DO more careful In requiring positive
evidence Of fraud before granting order oil arrest
"Thc law giving the power OF civil arrest" said Mr.
Gardner, lis In most cases only used rs means Of
oppression. Tho arrest Is nearly always made at an
unseemy hour In the evening or IN tho night, When NO
bail can be found As 10 tho amounts collected from
parties who have becn imprisoned hero II IS our ex.
pcrence that they will pay tho expenses OF cocc
tion in most II would be much better In my
judgment amend the criminal laws hat tho fraud
ulent debtor would only be crimnaly punished Tor
his fraud but also be required to nne TO the
plainant"
ISLANDER VICTIMS.
Mr.. Gardner SAID that another great source OF op-
preston and hardship the power OF arrest in civil
actions Tor damages Tor supposed or alleged injury
person or character.
.Two Irish washerwomen quarrel about a clothes
line, said he, land call each other names Husband
sues Husband Tor 900 damages Tor SANDER. and
$500 he cannot give IT, and must 10 jail TIL the
Is tried, which may not be for months. In tho case OF
poor w0rkingma1 or aborcr you often might well
halt million bail as $500. Many OF tncse poor
men have no means to employ lawyer, and while
they would probably be discharged they could mako
proper application, they must lingcr JAN because
no legal aid. such rs every man Is entitled TO. Is
tended TO then"
Mr. Gardner. who, although he makes his living by
the operation OF the law which allows mprison ment
Tor debt oil sorts OF trivial prctcxs Is nevertheless
thus frank enough N exposing the Injustice practsed
under It's provsions requested 10 call out
oil the most deserving prisoners
DIVORCE CASE.
The FIRST prisoner called Peter Reuter-, Ger
man, OF ao0ut forty. dark paired anu with a dark,
bushy beard. HIS expression OF countenance seemed
frank and honest and 20 nvIte sympathy. Reuter- had
been the jail since the 10th august last for
payment OF aIimony, under decree OF the supreme
Court II appeared from his story that seven or eight
years ago his wife had sued him Tor divorce, ard sub
scqucniy, upon the report CT referee he was ordered
10 pay her SIS week nlimony He lett the state,
being unable TO pav the amount Years passed and
he returned, and then e arrested and ordered
pay the whole amount that had accrued 6l5) and
committed IN default OF payment lie sad that his
wiic claimed that he was worth $4,000, and that he
secretly Interested IN manufactures OF Jewelry,
business In which he had formerly been engaged iR
MAIDEN lane. Reuter- protested IN the most earnest
manner that he was not worth hall dollar. hot TO
speak OF 81 6l5. He pointed at his ragged shoes and
his torn hing and said:-
"Do you think would 20 about like this II had
any money!"
1t also appeared that he worked In the jail assisting
the and performing other duties, and he declared
that he preferred to divert his mind by such work to
spending the time IN irksomc idlcness
s.DO think that would like that II l had
the moncyf' no asked.
Mr.. Gardner was appealed to as to the truthfuncss
OF his rcprcscn tations anu he his opinion
that the man was really destitute Charles Spencer
counsel Tor Reuter-. mad made two applications Tor
hts discharge, but both were denied Judge Don0huc
before whom the was brought on writ OF habeas
corpus. was sought, and he stated that tho proof
offered by Reuters counsel that he had means
Insufficient and furthermore, there were other eIe
mens in the which showed him TO be undcserving
oil sympathy and Tor which ne should be- punished.
IMPRISONED EXECUTION FOR
While ihero may be doubt IN thus case there GER
taihly was none IN tho next. This was the case Of
Micnael O'Maly, an honest, sturdy old lrishmau OF
seventy -our, who told this remarkable story :somo
eight years ago, whllc he lived IN Rivcrdale. ms
we had "a quarrel with AM Their Irish woman, aud
they called each other In evil hour lie
prevailed upon TO 20 TO lawyer anu BRING SUIT
against the hostile party Tor slaudcr Subsequently,
very trivial matter, he wanted 10 drop tho
suit, and went 10 the lawyer 10 express hrs wish 10
that effect Tho lawyer was not TO be baked
could not discontinue the SUIT The case went
on, was tried aud q judgment was gwen
against u MuIy, IOr $lI5 costs. ITO Was unable
to pay tins amount, being only poor mason who Ind
been out OF work tor long time and an execution
issued against his person in default oil payment. In
November, 1874, ho spent a week IN Ludlow street
JAN consequence OF the disastrous result o this
suit Sheriff Conner finally accepted hts bail Tor 1850
and he WAS allowed TO go ION The limits" sheriff
Reilly, however, had 10 secure himself against the
possible worhcssness Of the old bail, and O'Ma'y be-
ing unable TO furnish now security he again
JAIL where lic has now been again over two weeks! THIS
old mans amiy Is dependent upon him Tor thor sup.
port He has no lawyer snd money 10 procure one,
s,Un IA may htu ham.
mado by the writer respectable attorney IN Pine
street the latter promised 10 procure his discharge
free of cost Tine injustice praciscd III this is
clearly manifest the TACT that he imprisoned for
one cause soiely-nameiy poverty. THIS, like many
Others Is virtually case OF Imprisonment for debt.
THE sriLLwELL ACT
In this connection IS well to show that tho St.
we'll act, by which debt for Imprisonment was meant
10 lie abolished taihough this result has by means
boon July ataincd) leaves numerous loopholes open
by which people be imprisoned for debt Tho Irst
paragraph seems comprehensive enough, Tor II H.