The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-14
LIFE PRISONER FOR CONTEMPT.
Queer Case of John j. Moran, Now i'm
LudIOU-Street .Juil.

LudIOw-Street Jail.
New York Journal
There's man in Ludlow-Street Jail who,
without having committed a crime which,
by the laws OF the State Is punishable by
life imprisonment, may be a prisoner for
life. lie has given up almost all nope or
release, except by DEATH and the judges
who have his fate in their hands hold out
has not been before grand jury. he has
not had the right of trial by a jury of his
peers, which lies at the root of the liberty
fers by cruel anomaly of law.
AIurderers, mer who have been a second
the first degree are the only criminals who
may be punished by life Imprisonment, yet
It is for contempt of court that John j.
Moran, now sixty years old, has spent two
years behind prison bars
1T is impossible for me to explain fur
Their than / have explained, and it is i'm
possible for me TO refund the trust money,
says Moran, with his gaunt face pressed
against the bars of his CELL
Unless he explains or refunds the money
see no prospect Of his release, says Sur
rogate Arnold.
I'm intent | have. always been innocent"
jury" But to the surrogate his case seems
clear and he can have no such trial
Moran's record was good up ito the time
the estate of John Miner The temptation
TO possess large amount of money ana Sc
curities was TOO strong for him, and he
plunged into speculation and dissipation.
lie entered into building contracts in San
Francisco and for the worlds fair and
hopelesSly entangled his affairs with those
of the estate of which he was executor.
He became involved in litigation, which,
he asserts, was largely owing 70 his being
executor. He lost money and the heirs
asked for his removal and an accounting.
He was removed but could not account
for $4,000 of the money with which he
had been intrusted He had kept no ac-
curate books. He could explain nothing.
Even to his attorney he could only tell
where $500 had been swallowed When
arraigned before Surrogate Arnold he mazda
sorry shown &. He offered to restore
nothing BY his own admission the money
had been lost lille in his charge. His
failure to answ~t' questions put to him was
looked on as contumacy, and he was COM
nitted to Ludlow-street Jail tor contempt
Moran is not in prison for grand larceny.
He contends that If he is guilty of that the
facts should be proved There were trans
fers of property to his wife prior to his be-
coming executor, and Surfogates Arnold
and Fitzgerald believe them to have been
lieve he could tell where the money went.
These are beliefs, and the miid-eyed man
solemnly AYERS that his acts were those of
carelessness and not of crime, and that
so badly are his accounts mixed that II is
impossible for him to explain. THE trust
money is gone; am in prison" THESE are
the two facts of which he is sure. The
law under which he stands committed is
Section 226S of the Code of Civil Proceed
when the offense consists of a neglect.
or refusal, to obey an order of the court
requiring the payment of a sum of money,
and the court is satisfied that a demand
has been made and payment refused, 1t may
issue a warrant to commit the offender to
prison until the sum of money is paid.
Section 1885 reads:
when the misconduct consists of an
omission to perform an act or duty which
1t is in the power of the offender to per-
form, he shall be imprisoned until he has
performed it,
The discretion lies with the iudge--not
jury of twelve men,
II am a pauper" says Moran II have
no money, and l have no place to turn for
1t. II a man has committed crime he
should be punished for it, with a prospect
of release when his term is up. But II
have no prospect but death
If it could be shown that Moran is un-
able to answer the question, or to return
the money, he could be released, but this
must be explained to the satisfaction or
the surrogates. Moran has made repeated
applications for release. In July last year
Surrogate Fitzgerald, in denying ore of
these pititul appeals; explained that IL was was
through his fingers; had suspieiously trans
ferred property; had declined to answer
still under his control to make good the
shortage. 1t was thought then that
Moran's wife could make good the def
cheney. That is no longer believed.
Il understand from Moran's lawyer
says Surrogate Arnold, that his wife, will
have nothing to do with him, and will not
even write to him, not to speak of paying
large sum of money for his release.
How is the man to get the money
will be released Let him get the money.
He has acted with gross dishonesty. and
is deserving of no pity"
The county is al nttle expense for Mo-
rams maintenance. He gets plain prison
fare and is not supplied with clothing.
He must get his own. If he were a muir
derer he would be carefully looked after.
"And were | a murderer. the prisoner
says. II would have a far better chance
of getting out of prison.
Moran claims he is seriously ILL., and a
physician has certified that he is becoming
blind. Another physician, sent by the
court says he is we'll, and SO he can scarce
ly hope for lenency on that account.
The heirs have two courses open to them.
They may move to have the alleged fraudu-
lent transfers OF property set aside or they
may move to have Moran indicted and sent
to his trial Either course or both would
be welcomed by the prisoner. Instead he
IS in jail by order of a single judge. TO stay
till he dies. unless a Judges voice be mef-
cifully raised In his behalf.
There have been other similar cases in
Ludlow-st ct jail. William Still died there
after in, ceration under similar circum-
stances, for five years. Moran made his
fourth application last October: 1t was
never passed on. He made a fifth appllca-
ton month ago, and waits, day after
day. for a decision.
NJ nsaI