The herald., 1897-03-12
A PAINFUL SCENE
The Aged hrs. Livingston Committed to Jail
for Contempt

| The Aged hrs. Livingston Committed to jail
for Contempt
| A sight sad enough to make even the
| angels weep was witnessed in Judge
| Aliens department yesterday after
| noon.
On one side of the enclosed space, sa-
cred to the attorneys practicing at the
| bar of the court, sat Mrs. Mary Living
ston, the recalcitrant defendant in the
suit Instituted by her husband for sup
port. On the side he was seated, and
there seemed something monstrous In
the very idea that this aged couple-the
one so and the other SO years of age
should not only be separated, but that
in the bitterness of feeling the one should
take even the chance of being sent to
prison rather than pay the miserable
sum of $24 per month toward providing
the barest necessaries of life for the
other.
The case came up on the application
by A. H. Johnson, Esq, counsel for Mrs.
Livingston, for a writ of habeas corpus,
and 1t was heard by Judges Shaw, Clark
and Allen, sitting en- banc. The grounds
upon which the application was based
upon which the application was based
were given verbatim yesterday, and
were entirely technical in their nature
Council for the plaintiff made quite a
long argument, and then Judge Shaw,
for the court, stated that the original
judgment of the court being valid-and
there was no reason to inquire into that
by analogy 1t had been shown that the
same proceedings taken by wife
against the husband could also be taken
by husband against a wife. and con-
sequently could be enforced by contempt
proceedings. 1t was also pointed out
that the Civil Statute provided for
"disobedience of court" by contempt
proceedings. The point raised that the
defendant had not been served with the
judgment was held not to be well taken,
as the judgment was operative without
service, and it was for the defendant to
show that she did not evade the judg-
ment. The writ was thereupon de-
MED.
But Attorney Johnson would not ac-
knowledge defeat He stated that he
had only received from the court what
he had expected. and he would like the
court to fix the amount of bail necessary,
that his client be released pending his
application to the supreme court.
Il am unaware that any bond can be
given under these circumS tances," re-
sponded Judge Allen, "the habeas COR
pus is dismissed and the judgment now
stands"
But Mr.. johnson protested.
Il never heard of bond being allowed
after a writ had been denied" said
Judge Shaw, "and it appears to me such
action would defeat the original judg
ment."
Mr. johnson wanted to read more law
but getting again off upon tangent was
interrupted by the court.
THE defendant is not now in the GUS
tody of the court" said Judge McKin-
ley, but in the custody of the sheriff for
disObedienCe to this court"
But any party can be released on
bond" somewhat Indignantly protested
Mr.. Johnson.
The court opened wide his eyes, and
dropped his glasses in astonishment.
What" exclaimed Judge Allen, "can,
then, rich man. simply because he has
money to give on bond, get out of Jail,
and a poor man be compelled to stay
there for the lack of it? II that were
the law it would be monstrosity."
That ended a painful scene. The fur
tive looks cast by the old lady and gen.
tleman, one at the other, seemed to in
dicate that they are not the
deadly enemies that the prolonged pro-
ceedings in court would seem to indi-
cate. 1t was the current impression that
outside influences were at work to keep
the old couple apart, and in such case
such persons are engaged in most
despicable business.
Meantime old Mrs. Livingston was
removed to the county Jail. The tender
ness and care that her advanced age
demanded, and that would be her por-
tion cave for the present trouble, were
all shut out behind her as the huge iron
door of the Jail shut with a bang behind
her. How long she may choose TO re-
main there before purging herself of
contempt by paying the amount of all
mony ordered by the court is an open
question. All of her property having
been conveyed to her daughter, Mrs
Wheeler. 1t would seem as If she really
held the key to the situation in more
senses than one.
If it were only possible for Judge Allen
to order, as has been done in the long
gone-by days. that both Mr.. and Mrs.
Livingston be confined in a room to-
gether for twenty-four hours, there to
eat, drink and sleep together. there is
small doubt that at the expiration of the
time peace and harmony would
again knit together the hearts severed
by the selfish scheming of mercenary
ont tsiders