Evening journal., 1893-12-22
MR.. ABRAMSOE S WOES.
His Counsel Offers Bail But
it is Refused By the Court.
MR., BIGGs WILL FILE A PETITION

The Hearing Before chief Justice Lore
To-morrow-W Biggs Raised Nice
Constitutional Question But the Court
Advised Him TO Drop 1t aud Petition,
In order to save Time.
This morning ex Attorney-G General
John Biggs asked tho Superior Court to
go into hearing OF the case against
David Abramson, arrested on a
capias for ooucealiug goods for
the purpose of defrauding his
creditors He said the court must
recognize the predicament in which
Abramson is placed. He cannot give
bail and the charge is serious.
Mr.. Ward, counsel for the Baltimore
firm, the complainant, said he had four
important Witnesses IN Philadelphia and
could not arrange for an immediate hear.
ing. He asked that a Pennsylvania
commissioner be appointed 90 take their
testimony
Mr.. Biggs said he would be ready to
appear before the chief justice to-mor.
row.
A Nice constitutional Question.
Subsequently Mr.. Biggs returned to
the court room and, addressing the court,
said
III the court please, wish to speak
with reference 10 the admission Of this
man to bail until,this question may be
determined This is TO be heard to
morrow morning. Mr.. Ward has said
that Il Is doubtful about his witnesses
being here aud IL Is uncertain
just when the final determination Of this
case will be- made. The question desire
10 submit TO the court Is this: This
judgment has been obtained against this
man and is here upon the record.
can't dnd in my books just where this
question has been passed upon, but section
y Of the State Constitution says: All
prisoners shall be bailable by sufficient
suretiss unless for capital ohenses when
the proof Is positive or the presumption
ia great. The provision of that constitu
tion means just what IL says A man shall
not be put in jail and kept there unless
accused Of a capital crime II the court
please, the prisoner Ia this case IL in
debtod i'm tue sum Of about 5000 and
/ Judgment has been obtained There
are certain other allegations My applica-
ton Is TO tender bail Ia double
the amount that he Is indebted I'm this
case in order that his body may be pro
duced et the hearing, whenever that NAV
be, and this question finally determined.
Mr. Ward replied that the constitu-
tlonal provision was for prisoners &C
cused OF crime aud not for fraudulent
debtors There was no bail under the
statute, the remedy being for the defend
ant 70 petition the court for au investi
cation OF the charges II this investiga
ion sntisdCd the court that the ailsga
lions made would not hold good
| the prisoner could be discharged other
Mise be must be remanded
The court informed Mr. Biggs that
| The constitutional question raised was a
nice one and would have to be fully
argued before it would pass upon IL
The speedest method Of relief would be
10 petition under the statute. and Mr.
Biggs said he would do so tomorrow.
Alimony for Mrs. Murphey.
William G. spruauce. representing the
respondent In the divorce case Of David
J. vs.. Mary Murphey, Of Newark,
asked the court TO make an order giving
Mira Murphey 5000 for expenses Of the
suit, and So week slimony pending
settlement of the suit
William S, Prickett, counsel foi
/ Murphey, contended that his client was
not able TO paw IL, but the court thought
| otherwise and made the order for $500
expenses and IS week slimony
Farther proceedings ia the case were
suspended pending compliance with the
order
On motion Of Mr.. Prickett a renewed
order of sale Of stocks Of Henry @. Rob
lnson on attachments secured 10y j. Hocd
Wright q Co.. was made. The first
order was made last term, but prices
have been ranging 80 low during the
panic that an parties concerned agreed
not 20 act upon it.
jeremiah Calvin. an .ldshman, was
i granted naturalization papers.
Court adjourned until 10 o'clock a. M. f.,
on January 2
The chief iustice gave notice that al
that time the trial list would be gone
over and cleaned up as far as possible
he said he wanted all attorneys 10 b.
present or the court might be compelled
TO grant nonsuits
The chief justice will spend the
Christmas holidays in this city. Judge
Marvel and wife left for Milford to-day,
and Judge Cullen and wife will go 70
Georgetown.
| CHARGED WITH EMBEZZLEMENT.