Perth Amboy evening news., 1910-10-18
WHOSE NOT
IN CONTEMPT
Decision Handed Down by
Justice Reed In District
Court Case.
REvERsEs JUDGE LYON

justice ReeQ, OF the New Jersey
supreme court, has just handed
down an order setting aside a deci-
sion of Judge Adrian Lyon, who had
committed Morris M. McHose to the
county jail. The order refers back
to November, 1908, when Judge
Lyon occupied the district court
bench in this city. The decision was
received this morning by Thomas
Brown, attorney for McHose.
Justice Reed gives his opinion
that the local judge violated an act
of judicial law in sending McHose to
prison for disappearing his fnan-
cial standing on the witness stand in
the district court, and his refusal or
inability to pay the amount of a
judgment. He ayers that the deci-
sion of Judge Lyon should be re-
versed. McHose Is now out under
bonds, but the Judgment still re-
mains unpaid.
The case was appealed to the
supreme court in 1908 after Judge
Lyon had sentenced McHose from
the district court bench to serve a
day In jail for each dollar of the
S3O9.42 owed. 1t vas argued before
Justices Reed, Bergen and Minturn
by Beekman & Spencer for the
plaintiff, and Thomas Brown for the
defendant and appellant.
On April 8, 1908, the case that
caused the controversy was started
in the district court. Thomas A..
Eggert, OF this city, sued to recover
from McHose on supplementary pro-
ceedings the amount of a Judgment
previously rendered by Judge Lyon.
The Judgment amounted to $290.2G,
with $19.16 for costs.
McHose assumed the stand and
testified that he was indebted to
John Clear about $500. Clear had
previously purchased a farm from
McHose. The latter was asked how
much money he then had, If he had
more thai $500. According to a rec
ord of the testimony, he replied: II
do not know; l may have more, +
may have less" Several days later
McHose was again hailed into court
on a rule to show cause why he had
paid out several sums of money in
the interim, one on a note, and the
other for a pasture field and the use
of a horse and cart, and why he
should not be held in contempt for
paying out these sums with a judy
ment hanging over his head. On the
return of this rule he was comp ed
to the county Jail.
Two months latefsthe court made
the order adjudging McTose gufky
of contempt in testifying that he did
not know the amount of his finances,
although he subsequently paid out
over 1915 to other creditors, and he
was sent to jail.
Justice Reed AYERS that Judge
Lyon was not vested with the owe
to commit McHose, fnasmuch as he
was no In contempt of court. "The
power to punish for contempt in sup
Elementary proceedings" he SAYS.
lis confined to cases of ~disobedience
of any order Of the Judge, or any
disobedience of any court order. or
any disobedience of a subpoena is
sued by the district court directing
him to testify in discovery proceed
ings.
"The order in this case,,' Justice
Reed continues, was not made UNI
der this section. The purpose of the
commitment was not to compel fur
Their disclosure by the defendant. but
to punish for an alleged false dis
closure. The commitment was not
until an order of the court should
be obeyed, nor was 1t until a fifty
dollar fine should be paid. SO it is
apparent that the order made can
not be supported by the provisions
Of section 204 of the act OF 1908.
Now did the court put It's judicial
action upon that section, but admit
tedly made the order under it's gem
eral power to punish a party or wit
ness for contempt.
Now, while 1t may be admitted
that the court possesses a power to
punish for conduct other than that
included In section 204, nevertheless
1t seems clear that for any contempt
which is included in this section, the
court must proceed In conformity
with the terms OF this section. II
the defendant was in contempt it
was because he disobeyed an order
of the court that he should appear
and make discovery of his property.
The method of punishment for the
disobedience of such an order was
provided for in the section mentions
ed, and as already observed, that
method was not pursued in this case.
For this reason, the order should
be reserved"
The decision of~the supreme court
will release the bondman of McHose,
and Mr.. Eggert will be compelled to
stand the costs Of the ase The
point contested is a new one, and
Judge Reeds decision is the first of
its kind on record.