The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-12
CAN'T TMPRISON THEN FOR LIFE.
A Mistaken Impression Revived BY tho Case
OF william McShane.

OF william McShane.
There IL a mistaken impression that under
some circumstances a person may without
having been convicted OF a serious crime
be committed to jail and kept there for
life unless the complainants themselves
ask for his release. This delusion was
brought to the front again by the recent
case OF William McShane Of Brooklyn.
who was committed to Raymond street
jail on Jan. s for dsorderly conduct and
seems likely to stay there indefinitely.
The Code Of Criminal Procedure provides
that a person failing to support his family.
or acting In such manner that he becomes
a msnace to the public peace, though he
he has not committed any statutory crime,
may he held in bond of 800" for his
good behavior for a period not exceed
ing one year. Then Section ell says
The Court may also, in its discretion order
n person convicted as a disorderiy person
New York. in the city prison OF at city. for q
term not exceeding six months at hard
labor
Nothing can be clearer than this sec
ton. said A. H. Hummel. when asked about
the law covering the imprisonment Of per-
sons not convicted OF statutory crimes.
1T says In 30 many words that a person
arraigned on a count which does not
demand jury trial cannot be imprisoned
for more than six months.
This section applies not only to disord-
derby persons but, as amplified by other
sections. to persons convicted Of contract
ing fraudulent debts. or OF contempt Of
court. 1t 10 not generally underst God
how a man can be committed for debt.
1t must first be proved that he contracted
the debt and then that he did it for q fraud
ulent purpose.
For instance. take the case Of man
who buys goods on the installment plan.
When he fails to continue his instalments,
1t must be shown to the Court that not only
does he refuse to pay anything more to his
creditor. but that he will not surrender
the goods which were sold to him. on
which the creditor still has lien
There is no doubt that many OF those
who are thrown into Ludlow street Jail on
such commitments are too ignorant OF
them. In many cases the unfortunate
still has the goods he bought. but is never
asked to give them up. and does not know
enough OF the law to realiss that by giving
them up his immediate release would follow.
msa M ss STidS Snox sse 81 Ssns S
debtor into prison he will eventually en-
force the unfortunate's relations to raise
enough money to release him. Therefore.
he simply makes affidavit that the debtor
ate intent to defraud him, that Is. to get
the goods and then sell them before paying
for them.
unopposed, from simple ignorance on the
part Of the defendant, and il follows as a
.,f< haf tha IL
and the debtor committed. But at the
end OF six months he must be released. II
he Is kept any longer the prison warden
becomes liable for an action for false i'm
prisonment., Even that is only when the
the debtor can be committed for only
three calendar months:
.Now, take the other case, that Of
the man who is committed for disorderly
conduct, for non-payment Of alimony or
for being Q dissolute character OF course
we all know that once In while the black
sheep Of family becomes 40 object ionable
that II Is deemed advisable TO have him
locked up. The idea is that it may bring
the delinquent to his senses again. The
procedure In such case In simple.
"A magistrate before whom one IL ar
raigned as a disorderly person Is en-
powered to give him trial then and there.
and such trial, inssmuch as II deprives a
defendant Of his right OF trial by jury. or
before q court OF record, nuSt DE very
carefully conducted, and be strictly fol-
lowed on the lines Of law set down Tor II,
and the interests Of the offender must be
carefully and jealously guarded When
q conviction, which Is called q summary
conviction, follows, the entire proceedings
must under the law, he sent to the County
Clerks Office. where any competent court
Of superior Jurisdiction may at any time
review II.
thus you see that every precaution Ia
taken to insure TO every man his right OF
life. liberty and happiness under the Con-
stitution. Sometimes the man IL so igno-
rant that he cannot himself Assert his rights
and knows no one who Is friend enough TO
do 40. But In the most extreme OF such
cases. the law that compels the payment
Of dollar day for the prisoners mainten-
ance In the county jail Is invariably SUM-
cient 10 effect his release at the end OF the
All stories OF men who are said to have
been kept In Jail for years here. through tho
malevofepce Of their relations. may be
branded at once as absolutely false. Sue
cessive commitments might, Of course, be
obtained, but the man himself must have
been a party to the proceedings and wanted
In the case OF militiamen who are ar
rairned under the State militia laws, for
failing to pay dues or to appear at drills or
for other offences, the extreme punishment
Ia the came az In the case OF men committed
for fraudulent indebtedness, namely. not
moro than six months Imprisonment In