The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-08

OF prominent lawyers and judges on this subject and
nearly all admitted that great abuse was practised
under THIS power OF arrest for injury Ito character
| A prominent Judge OF the supreme Conrt-who did
not wish his name TO be mentioned tho publication
oil ms views because lie desi TO present them Ia a
more carefully elaborated form. when they would APP
| pear under his own name--snid, frankly
| - think legislative amendment abolishing or
greatly restricting TINS power arrest In these ord
nary civil suits for alleged injury 10 character would
AMI unjust arrests This power operates mostly against
The poor Tor well-to-do men always can lvc bail IN
such cases. "
Judge j. =. DAILY in Davis VS. Scott gave IL ,as his
opinion that orders OF arrest should granted in
suits for damages, Tor assault. libel SANDER ani
the defendant Is NONRESIDENT transient person.
or in extreme cases.
FOR BREACH or PROMISE.
Another provision excerpts promises OF marriages
from the guarantee OF immunity from arrest
To other promises, and Il ound that the
regard this provision as one also fruitful ~ oppressive
and unjust imprisonments The same Judge OF the
Supreme Court already quoted above said III regard TO
this point
rherc no doubt that this power OF arrest in suits
Tor damages Tor alleged breach OF promise very oftcn
abused. ANY woman who has grievance against u
poor man-real OF iancIiu-can throw him into iii by
alleging thal ne promised her marriage aud u makes
no dieroncc whether he did not the law allows
protection Tor the weaker exact heavy ball. and I'M
less the man Is rich or has rich friends he must Ian
guish In jail until the decided"
IL will DO observed that III all these cases the i'm
prsonmcnt Is repusnant 10 that spirit Of The modern
law which requires that no man shall be imprisoned
except Tor crimes or offences against The law, and rot
Tor pecuniary demands made upon him by others Tor
alleged INJURIES which be OF the most visionary
aud fanciul character The Martinez Vailc case was
conspicuous instance OF this class OF pros. cutions
winch arc so greatly aggravated by the power oil
rest. AS the Supreme Court Judge above alluded
sai -
| In this respect, however, there exists no such
pressing necessity OF amending the law the others
winch you have mentioned, Tor am bound to state
that this class OF sults-nancy. for breach OF prom
sc-afc becoming rarcr and rarer Jures will scarcely
ever award damages TO any considerable amount and
the general conviction that two-thrds OF these
are OF matchmaking nature mas greatly discouraged
TIE host Of iair suitors But even you VIII lind
prominent lawyers who fairly overrun with women
npeed by an irresistible desire wrcak their revenge
they VIII tell you that they have 10 refuse ninc
out of ten because II would DO useless and idle TO
bring SUIT where II is manifest that The woman
quite as culpnblc as tho man. and only 20
make money out OF her voluntary transgrcssion"
DEPUTY CONSTABLE IN LIMBO
But 10 return TO tho unurunaIes IN Ludlow Street
JAN tho next man brought down was Mr. Joseph A.
Calvert, deputy constable Of Philadelphia straight
forward and honest looking man, who told clear aud
Int cleent story lie came 10 New York armed with
a warrant for the arrest oil Andrew j. Mecn Accord.
ing 10 ms story, Mciien, who Is also now in Ludlow
Street jail awaiting extradition to Pennsylvania, had
gone 10 Philadelphia, started coal yard credit anu
engaged cash boy, who had to deposit with him
$oU0 as u guarantee OF his honesty. He discouraged
the boy twho was poor anu whose parents had
TO borrow the 5000 and engaged another ON the
same terms, and then dccamped 10 New York without
paying Tor tho coal with which ho mad stocked MS
yard or returning either OF the two 5000 deposits
Alderman Cutting, OF Philadelphia, issued n warrant
for his the charge OF Obtaining $500 on false
pretenCes, and Calvert came hero 10 arrest Mclen.
calvert the unntentiOnal Judgment
OF arrcsting MeIlcn and holding HIM In custody from
eight T. 81. on the 9th Of January Ill two 4. 81 the
6tn before turning HIM over 10 the authorities At
Police Headquarters Mellon brought suit against Cal.
vert Tor false imprisonment, in tho Marno Court and
recovered 81 900 damages Being Unable 20 satisfy the
judgncn Calvert has now been jail nearly seven
weeks, whls his wife and family are dependent his
support hidephta, and his eiuest sont nged iteen)
has been lying az the point OF death at his home
The inult he committed was unntcntI0nal
error OF judgment In arresting the man
without the assistance OF New York officer, but no
thnt nd. flia.it IN r.iaua
such assistance and did not intend the
rants alone until he heard that the man for whom he
had rutlcssly searched so long IN New York just
within his reach, ana III his anxiety to let him slip
away he apprenended him ut once and took him TO
Eare's HOTEL MsIlcn offering no objection Whatever.
In TACT. Mcllen wiling TO return to Phiisdelpna
without waiting Tor the requistion and cxtraditon
warrant but his lawyer persuaded MIN TO iorcgo thus
decision and hit upon tho brilliant Idea OF suing honest
| Calvert for false imprisonment
| NoN-PAyAEST ALrMoSy.
Apropos Of the case OF Peter Reuter-, who Ii con-
fined for nonpayment oil allmony, the following letter
from respectable lawyer is OF INTEREST,"
To EDITOR or rnK HERALD
Your s.Is'ponaen ysr',.. IN today. IIsn.ID call,
debtors therein This subject is well worthy the attention
Illegal. and only made possible BY is
nee o. the debtor Or his want OF funds In many
xlinony, &C. have doubt AL these OF
aasa Illegal Il ssrasa TO the %'"s Court
,S statute pSoyds tor the abolition
tempt, among other things TO enforce civ remedies "
other which court OF equity could compel. but
sa Of s soa .S
Il would set tue order Of angle judge above the s,emn
nony the points how it shall be collected Part
s viii. sn the a r s
tate tho husband and appoint sIecciver thereof No
%is%sni have been unlawful in Ino. IN "Rs
vs. The resp sna would be here
This lawyer be lng called upon for further details do
clarcd tina. there was not vcstge o. legality in tho
frequent commitments 10 jail Tor nonpaymcnt OF ALI
inony. Tho reason why they still continued be-
cause the who thus imprisoned nearly
General Term and tho Court Of Appeals The statute
DIVORCE said he. pointed out The exact ana only
legal means Tor enforcing orders Tor almony, as ol-
lows
SUCTION ~ In every suit brought either divorce
separation the Court may. in its discretion, require the
carry during its pendency ana may
eosts against either party and award execution Tor the
propert equeseed in the power Of the Court in the
snc IL Whenever the Court sh,n make AN order
decree requiring husband to provide tor the
Court may REQUIRE such husband 10 give reasonable
the neglect he defendant give security
or The default Ct HIM and hts surety to provide ,asa
his personal estate and the rents and profits Of ms real
personal and profits Of such real
10 appnea toward snch maintenance and ALLOW
to the Court shall from time TO time seem Just aud reason
able.
There Is doubt that IN this power Of Furnishing for
what judges please 20 call 'contcmpt" great abuse
prnctscd. ana many have been the inmates of Ludlow
Street jail held illegally for some iusory 'contcmpt
OF judges This IS illustrated IN recent
In which Judge DoLohuc OF the supreme Court adudgcd
IA debtor IN contempt I0r refusing to answer ques-
ton, and fined him The exact amount OF tho judgment
and costs tor alleged 'c0utempit" Tho following Is
the Official decision OF the General Term declaring this
OF Judge Donohue illegal IL should he noted In
this case that had Welmore been and unable TO
appeal TO the General Term he would 10 rottng in
jail TO this day.
A BExEFfcESr DECISION
Appeal from an order aJudging Charles Y. Wetmore In
contempt and imposing upon him the payment OF - inc-
The plaintiff recovered Judgment against tho defendant
for ~ .22 % or this defendant paid 500, leaving
which, with interest amounted With
reference to this supplementary proceedings were inst-
tuted In which defendants partner. Charles u. Wetmorc
examined witness In tho course OF his exanna
tion he assed question, which he declined to
by advice of counsel being Irrelevant to the
objects Of she Inquiry. Tnc referee ordered
this witness to WHO still refused, but
expressed his willingness to " the Court should
decide that II proper. An order then granted
curing question put him. and
why he should be punished Tor