The evening times. [volume] (Washington, D.C.) 1895-1902, 1898-01-18
DEBT IMPRISONMENT FOR LIFE.
Penalty for Husband Not Paying
Alimony in Divorce Suit.


Alimony in Divorce Suit.
New York, Jan. 1S.--A case which is
curious and uncommon came up before
Judge Freeman in the supreme court
yesterday. 1t appesred on the face
of it to be nothing less than sentencing
man to prison for life on account of
/ debt.
1t is quite generally understood that
Imprisonment for debt has been ahol-
| ished. Ludlow Street Jail used to be
the Marshalsea of New York, and il
partakes yet somewhat of the character
of old London's famous prison. When
the law abolished our "Marshalsea'
there was one kind of debt left on the
statute books for which the debtor
could be sent to prison, as was shown
in the case of Charles "A. Judson, ar
gument upon which was heard yester-
day before Judge Freeman. 1t was a
! hearing upon a writ of habeas corpus.
Mr.. Judson, so il appeared, is suing
his wife for absolute divorce. Through
counsel Mrs. Judson moved for alimG-
ny and counsel fees pending the dis
position of the suit, and the motion
was granted. Her husband didn't pay
and then the wife turned the tables
upon him by procuring an order de-
claring him TO be in contempt of court.
! He was arrested and sent TO Ludlow
Street Jail, where he mas been Ian
gushing for about a week.
Through counsel Judson appealed to
Supreme Court Judge Cohen, who look
ed at the papers and said that upon
the commitment made out by Judge
TruaX he could afford no relief Then
Judson sued out a writ of habeaS cor
puS.
AT Ludlow street Jail il was told
there had been Within the last three
weeks four cases of the, same kind. All
the prisoners were released. upon pay
ment of costs and aiimguy, hut the fact
remained that if they did not or could
not pay they might stay in iail for the
rest Of their lives, JudSSn may be re-
leased ON a technieaIitY. that is to say.
defect in the commitment papers;
otherwise he must stay
The lawyers say that the payment
of alimony TO a wife is an obligation
imposed by law 1t is a debt upon
which she may sue, and she may sue
either criminally or ciyilly. Where q
court has rendered judgment in such
an event il may not be in its discretion
to order the defendant to give reason
able security for the maintenance of
his wife. Should he fail to pay the
court may cause his personal property
W NC StAocStNlCh anu may APPOllll al
receiver
But supposing a husband has no
property and has not complied with the
judgment to furnish alimony to his
wife, then, in that case, the other al
tentative is the prison for an indefi-
mite period. Lawyers say this is an
anomaly, while the husbands say il
ought to be taken off the statute books.
In pending suits the wife may be
guilty and yet il is within her power
to keep her husband in jail for years.
certainly for a long time. While he is
incarcerated he has not the opportuni-
ty to gather all the evidence in the case
necessary to obtain q divorce from the
erring one. and manifestly his cause
gets a setback AS a result the wife
may escape the consequences Of her
misdeeds and the innocent party be
made to suffer unjust Imprisonment.
In such a suit the wife may obtain adj
tournaments from time to time so as 10
prolong her spouse's agony in prison.
In this kind of action the court may
issue a warrant of attachment direct
ed to the sheriff of the county or any
county where the accused may be
found. commanding him TO arrest. This
is what happened To Judson.