Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1888-09-22
I From the OAarlesto,cn Papers. /


The Republicans met at the Court
House on Saturday last, and put a
full Republican county ticket in the
field. The meeting was called to or
der by S. V. Yantis, Sr., Chairman of
the County Executive Committee,
and A. Burton named as temporary
chairman and Fl. S. Mcknight as
temporary Secretary. A committe
being appointed upon permanent Or
ganization and order of business said
committee reported recommending
that the temporary organization be
made permanent, and that the meet
ing proceed to nominate candidates
for Sheriff, House of Delegates, As
SCISSORS, Commissioner and States At
torney. The report was adopted and
the following nominations made, viz:
Dan1 Getzendanner for Sheriff, A.
Trump and Col. G. w. z. Black for
House Of Delegates, III. s. Mcknight
and Rush Turner. for Assessors, Adam
Brenneman for Commissioner and
James d. Butt for States Attorney.
5. H. Higginbotham was endorsed for
the State Senate, and committee ap.
pointed to confer with the Republic
cans of Berkeley and Morgan counties
in regard to his selection as candidate
for that position. Mr.. Ames then of
fered resolution pledging support to
the Chicago platform, National, State
and County tickets, and predicting an
overwhelming victory.
A citizen of this town was arrested
on last Friday evening at the instance
of creditor, under the sixth clause
of sec. 40 of chap. so of the Code
He was taken before Justice Howell
and, upon failure to pay the debt or
give bond as provided by sec. A of
said chapter, was committed to Jail
to await the return day of the sum-
mons. Counsel for defendant applied
to Judge Samuel Woods, of the Su-
preme Court, which is now sitting in
this place, for writ of habeas corpus,
which was granted and made return
able on Saturday morning al 10
O'Clock. At the hearing lin which
Messrs. B. ID. Gibson and T. G. Green
appeared for the prisoner, and Hon.
d. B. Lucas and j. F. Engle for the
CREDITOR the court held there was no
law authorizing the commitment of a
debtor to Jail before judgment was
rendered against him in the suit. The
court. therefore, ordered the prison
er's release from Jail, and directed
him to be turned over to the constable
who arrested him. The singularity
of the law is, that in providing for
the arrest of the debtor before trial, it
only directs he shall remain in the
custody of the officer making the ar
rest, but does not say what the officer
shall do with him until the trial comes
off. At the trial ifjudgment is given
against him. it then provides under
certain regulations. e. if fraudulent
intent be shown-that he shall be con-
fined in the county Jail, but between
the time of the arrest and the trial, 1T
only provides that the debtor shall re-
main IN the custody of the officer. This
custody, the Supreme Court held, did
not mean confinement in Jail. There
was no intent to defraud shown
by the citizen under arrest, (he sim
ply had not sufficient property to pay
all his debts, and the community was
aroused at the great cruelty of such
barbarous law, and justly exhibited
great sympathy for the young man.
1t is a misfortune but not a crime to
meet with failure in business, and
when you give over all your property
to creditors, a law allowing imprison-
ment for other debts in any way, is
contrary TO our civilization, and
should be modified or abolished.