Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1902-07-10
The FAIRIES Case.

Editor FAIRIES is now serving his
ooNehCh Gay IN company with Sheriff
Eddy and has been called on by numer
Gus friends. He seems to take the in
carceratlon phase Of the case with
equinlmlty. He hopes to be discharg-
eo, ne says, from imprisonment at the
ehd OF ten days as the law says that
every person confined in jail on execu-
tlon, issued on a Judgment recovered
IN civil action, Shall be discharged
at the end OF ten days on complying
with certain conditions regarding the
application for such DISCHARGE and due
notice to the plaintiff, SO that exam
nation as to prisoners ability to paw
Sald Judgment can be made. In case
no other property above the legal ex-
emptlons be found, the Judgment re-
mains against the estate, but the
deDtOr remains forever exempt from
arrest or Imprisonment for the same
DEBT unless he is proved to have sworn
1a'sely regarding his property.
Mr.. FAIRIES says he is desirous of
showing IN court that his personal ef-
fects and property have not been con-
cealed and that he is unable to paw
the Judgment and on this showing
hopes to be released.
The law also states in sec. 6l4g Code
Of Civil Procedure, as follows:
Whenever debtor is committed
TO jail on execution in a civil action,
the creditor Or some one in his behalf
must from time to time advance TO
the sheriff or jailer sufficient money TO
pay for the support of such prisoner
and IN case such creditor Shall neglect
or refuse SO to advance the money for
such prisoners support upon the sher-
III or Jaller's demand, the taller must.
at the expiration OF tWenty-fpur hours
after such demand, discharge such
prisoner from custody and such dis
charge Shall have the same effect as a
discharge by order of the creditor.
III such Judge does not discharge
the prisoner, he may apply for his dis
charge at the end Of every succeeding
ten days in the same manner as above
provided aud the same proceedings
luuSU UllerGupOn be had.
Either party may appeal to the
supreme court from the order of the
district Judge granting or refusing
discharge from impriSOnmnr+ -n(9-
these provisions in the same manner
as from an order granting. refusing,
continuing or modifying a provisional
remedy
Mr.. FAIRIES says that it presumed
he is being kept in confinement at the
instigation of the plaintiff, Rev. Steele
OF CourtenaY, who obtained a iudg-
ment against him for some $500 as
damages to character in the publica- !,
tion of an alleged libelous article in
the Courtenay Gazette and the costs
now make the sum about $500.
Nr. FAIRIES says that demand has
been made for the payment of the
prison costs by the sheriff and that
the sheriff says the same have not
been paid.
The history Of the trouble in the
at COurtenay has been pub
llsEed before. Rev. Steele. the plain
titl, is now preaching the gospel of
Christ under the auspices of the Con-
gregational church society in the
Courtenay school house He was
preaching for the Presbyterian church
there until the Casselton Presbytery
recommended that he cease his min
sterial lab,rs in that society. Mr..
FAIRIES and mis- wife are members of
the Presbyterian church at Oakes
where ne resided before moving to
this county and buying the Gazette,
and are highly esteemed by their
many friends in the state.
He states that he would have taken
an appeal from thu order of imprison-
men teNcept that the time is so short
that nothing would be gained there2
by. His attorney in this part of the
proceedings is Fredrus Baldwin. and
Attorney Parks OF Wimbledon is rep
reSentlng Rev. Steele
The case is an unusual one in the
of the state. and it
seems that some OF the steps leading
up to the present status have not been
fully presented to the public.