New-York tribune., 1885-03-28
BECKY JONES'S CONTEMPT.
THE GENERAL TERM DISCHARGES HER.
rRREeuLARITY IN THE CoMMIrMENr-LABLE To
ARRts ST AGAIN.

rRREGuLARITY IN THE CoMMITMENr-LiAbLE ~
ARREST AGAIN.
Miss Recky Jones's valentine arrived laIe .u,s ts
year 1t came at length however yesTSer Trna Of the
Snnreme Court granting her liberty. Her counsel sI
obtained writ of certorari for review u ncdr' o
Ppsroted her and Justice Barrett dismissed tne
writ YESTERDAY the General Term reveisou pre sno
decision and discharged her from CUSTODY h;oh
Hding Justice Davis writes the opinion, in mnS tSa
Jnstiee Daniels concurs. They first review ,1 tne
Surrogate's order adjudging Miss Jones g1a,S gully
Of contempt of court in refusing TO answer On Nav
questions in the Hamers.ey VIII con'eS' VI" -A"'
10. 1854. The opinion says:
The contempt Was committed in open court anu anu sn @
refusal Of the witness to %ss ooSd have bcen
treated criminal contempt or as csted 70 bring
gI ap By Ser cerora the order G no nfs nd
ence can claimed made that me oruer eo and
IL s onr duty therefore consider that the csnvcoa
OF the relator Of contempt IN refusing un ~ "us" ~
witness was in all respects legal ana proper
The only questions that arse upon sne
return tne opinion goes on, reiate 10 Ine o. oA
tent and form Of tho punishment; u was wa
not necessary TO have reclted t9e quessSo ;"rt 70
the witness refused to answer. 1t was suncient W
describe them as the questions propoin1ou "a " tn
which che re used 70 answer on that oay anu w
commit her until she should answer tDose gueseVno'
lad the writ of commitment done this lS the Jus Il
tces say, we should have been ane 10 uPnosu ~, ~
as compliance in the section $50 OF Snp rsad
But unfortunately il does not" Inc oroer oT Iesd
make answer to such legal and proper IN, IN,
terrogatOrles as shall be ths propCanSe%% Canse%
This recital, the Justices hold, does not comply
with the statute Beckys contempt cOnsls'ou rn -
hcr refusal to ans er questions actuanS spnu
pounded and not such questions as NAV or sna'i
thereafter be put 70 her. she could only be pun
ished for contempt in refusing TO answer ques'fShs
actually put at each time of her appeaTa ce ao nne
order gave her no opportunity, therefore, 10 puIge
her contempt by simply answering tne qI qu1Ie lon'
put to her on May 10. The opinion says iurCnol
marked obstinate and altogether without excuse Ihore
Is no call for any sympathy IN her case Inc
surrogate doubtless treated her with al tne cohsuo @
tion due to her sex ami condition. anu kno ,n toii
oppOrtunS escape the consequences OF her own loi,s
When his manifest duty TO punish nei haa
ani ptrsisient obstimacy did with commenuaole
hrmuess which deserves appreciation. IL 10 " 'o nro
pared for his signature with closer observation oi ,ne
requirements of the code. While we feel constance
not to hold the longer Imprisonment OF the
relator. there nothing to prevent her from Oeis %
refusal TO testify being subjected 70 whatever puniS
nsnt is necessary make her obedien to the primary
DUTY under Government and laws OF every s eoou
citizen when brought witness intoa court Of Justire.
which is to speak truth, the whole truth and nothing
Becky complained of beng sick YESTERDAY
morning but she kept cheerful and aec'aIeu
10 Keeper Murphy during the day that she
iudges E ' decision would be- The glad tidings of
her approaching deliverance after foryionr weeks @ III
generation did not throw her INTO spSsnS Ti JSy'
The news was carried to her Go,ef 9 MaTlny Manney
Where shall I 20 now What shall do for home
into the grim keepers eye as he sngses5ea sS
that he she could get job with the circus lhaI
was performing at Madison Square Garden -,
Well" said Becky To reporter VINO caeu AZ i ,a9
fail to con gratulae her, they couldn't make me zen
what didnt know. ANYHOW. Last week some OF sne
relatives around here and wanted ne to swear hai
and Mrs Hanersey concOced the will, but refused
10 do IT, People thought because lived so long win
the fam ly that knew all the WILL but did not
know auy hing about never knew anything ABOUT
the wi until a week after Mr. Hamersley died"
Miss Becky then turned her thoughts again 10 the SUD
ect of where she would 60 she expressed fear lest
under the wording Of decision she should be arrested
again should she attempt leave the city. Sne an
nounced her live hereafter with sister IN
BallstOl, Saratoga County.