Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1897-11-12
The Richardson Case. What has come

The Richardson Case. What has come
to be known in Canada as the Richard
son Case" has come to be notorious, and
as it spreads in the minds of the public it
bears onits repanding waves a false faint
on the subject of the imprisonment as we
have come to believe. A rumor obtains
currency that man has been arrested and
imprisoned for fraudulent conceament
of his property, and credulous public
assumes that he is guilty and he is almost
universally condemned. Thus in the
midst of civilization and humanity man
suffers the temporary loss of his liberty
without even the sympathy of former
friends. Many even now regard Mr..
Richardson wanting in integrity in his
matter and perhaps guilty of positive
fraud. A just judge has exonerated him
from all kinds of wrong doing in respect
to every transaction except one. The
court has commended him generally as
we showed in our last issue.
Now let us examine for a moment how
he stands with reference to this excep-
tional transaction. Mr.. Richardson had
one creditor on whom he relied generally
for help and who had assisted him at
the risk of loss. His money had gone in
to the Sherbrooke House and had pro-
duced the money that was claimed to
have been improperly paid him as cred
itor. Richardson regarded it as debt
of honor. There is law of Canada
which provides that rents under certain
conditions shall be preferred claims.
Knowing that he was under an honorary
obligation to Higgins (this creditorl,
and believing that Higgins's claim was
privileged Richardson sent him the mon
ey. This was 1.-THE head and front" of
his offence. But in sending the money
Richardson did not specially direct the
creditor to apply it on the rent and so it
might have been applied on other de-
mands that Higgins had against him.
Now if the creditor had in fact claim
on which the money could have been
properly paid Mr.. Richardson might well
suppose that inasmuch as the creditor as
to his other creditors was entitled to re-
ceive it, it would be immaterial where he
applied it. Now if morally speaking this
man should be imprisoned for so sup
posing then many Others deserve impris-
onment. 1t was claimed that this debtor
and creditor had made some arrange
ment by which the rent due was added
to the principal and the debtor was to
pay thereafter a % on the whole amount
due in view of the hard times, and this
transaction it was claimed wiped out
the rent so that there was little RENT
due. Would one business man in ten
imagine that if the rent had preference
out of the insolvent estate that by chang
ing it's form by making it for convenience
a part of the principal due from the debt
or to the creditor that would destroy
such preference whatever the legal effect
might be?
We are not criticsing the legal disposi.
ton of the case because it was heard and
decided by one of the ablest judges of the
country and man of absolutely pure
mind. but are simply showing that he
decided that as matter of law the pre-
ferring the creditor named by the pay.
ment to him was an illegal preference
Now conceding that this man is in the
hands of a just judge, and that the pay
ment was made under an honest misap
prehension of the law, Though many
lawyers think otherwise) it is quite as
much as justice and humanity require
that the man be in Jail in foreign coun
try, surrounded by rapacious creditors
after having acted with what woulc
seem to be business fidelity and truth to
his honorable relations, without the un
Just impression going among his former
friends and business associates that he il
guilty of some positive fraud or wrong
for the case as it stands involves no qnes
tions of morality or business integrit,
but only the question as to whether as
matter oflaw Higgins is or is not pre-
ferred or privileged creditor.
Stoves and ranges at Vallee Brothers.