New-York tribune., 1921-12-26
Knott Against
Using Prison to
Collect Debts
Poor and Ignorant Often Put
in Cells Because Lawyers
Want to Make Fees Sure,
Retiring Sheriff Asserts
Would Amend the Law
Urges Abolition Of Ludlow
st. Jail and Adoption of
Alternate Juror System

-AptH oiuce next MONDAY 6tIer having
served four years, mas made several
suggestions to mis- chief counsel,
George w. Olvnny, who will act in the
same capacity to Sheriff Pcrcival E..
Maggie, for changes in the law in go far
as It affects the office of the Sheriff. A
change whicn Mr. Knott ia especially
desrous OF having made il in the one
statute placing persons in prison for
debt, which, he said, often is arbi-
trarily employed to collect trifiing OBJ
legations. Another change suggested is
10 select thirteen or fourteen jurors in
criminal casss, one or two TO serve as
alternate jurors 30 be called for actual
service in case one of the panel be-
comes i'll, thus causing a long delay or
a mistrial. For purposes of economy
the Sheriff also suggests the abolition
of the Ludlow Street jail, the debtors +
prison, popularity KNOWN as the Ali
mony Club,
81 have seen much Of the evil OF plac-
ing persons in prison for debt" said
Sheriff Knott yesterday. "As the law
stands nothing can be done about it,
but it should be changed. OF course,
there are some men who delibe ately
seek to defeat or impede the cause Of
Justice by refusing TO pay certain obli-
cations when ordered to do SO by the
court. Even in such cases there some
times are other remedies which tho
aggrieved parties can pursue before
seeking the arrest and impr lsonment of
the Judgment debtor I have not in
mind the men who refuse TO pay ali
mony, although often in these in
stances ! have observed abuses. What
I have in mind are the cases OF poor
small debtors who are thrown into Jail
by some attorneys who are principally
interested in getting their costs. In
most of these cases the victims are
persons ignorant of the law and Of the
language, also Of court procedure.
Take one of the many instances thai
have come under my official notice.
A man owed Z concern $3.50. He paid
it all with the exception OF sag. He
was sued. judgment was obtained and
suppl Elementary proceedings were started
TO ascertain whether he had any assets
Not being able TO read English or being
unable to give the time from, his work
he ignored the subpoena. The attor-
ney for the creditor obtained body
attachment for contempt of court
Costs were added to the Judgment,
which brought the S33 debt TO more
than $50. The purpose OF body at
tachment IS TO bring the defendant be-
fore the court.
The City Court justices before
whom such problems come sit until
4 O'Clock. Sometimes they are in their
chambers later to hear these cases.
But some attorneys who seek TO op-
press the poor Judgment debtor, and
somehow try TO squeeze the money cue
OF MN. K that Is H all possible, bring
these attachments into the Sheriff s
office late in the afternoon, that the
defendant may languish in jail over
night Il ali the justices have left the
court.
My arrest deputies, Murphy and
Elsenstein, always try TO arrest such
defendants during court hours. The
attorneys who practice these oppressive
! methods pretend that the defendant
can De arrested only at night. Some
times they bring the attachments n on
Saturday, SO that the victim may spend
at least two nights in Jail before be
can be brought before the court.
y know of two cases in which WON :
were the defendants. One, u washer.
woman, was arrested because she ovvec
a lawyer S44 for services he had ren.
dered her in matrimonial suit, An.
other tins e lawyer obtained All at.
tachment against widow who owed 8
small amount on judgment. Having
! four small children at home, one o1
them II, she failed to appear for sup
Elementary examination. She was com.
/ Pelled TO go to the Ludlow Street iai
ana leave her young ones to the care Of
neighbors.
My suggestion for the cure % this
I evil, il The law cannot be altered, Il
( that the City Court justices adopt {
rule that no person shall be arrested
/ on q body attachment except in the
hours when the court is in sesxion. II
Brooklyn, the Supreme Court justice.
/ plainly stamp OF their attachment
that arrests on this process shall bt
/ made only during court hours.
"The trial of Roscoe Arbuckle IN Eaf
Francisco, justified the alternate juro,
system in effect there. Ono OF tn,
taken by the alternate who hat
listened TO Eli the evidence and tht
trial went ahead without interruption
few weeks later, Mrs. Ragone
charged with murder, and who was
charge of my Office during her trial
was compelled to suffer untold aus
pense as to her fate, because one Of th,
( Jurors became Ill and postponemen
had to be taken.
"lhe continued llf1css oT This gUro.
/ would have caused mistrial and be
sides adding 10 the suffering OF the &c
/ fendant, who later was acquitted, i
would have entailed great expens'
for new trial.
AT various times I have recon
mended the abolition of Ludlow Stree
jail. Cons hering the cost of main
tenance and the value Of the propert.
on which the structure stands, con
tinuance is hardly justified. SOM
other place should be found for tn
housing of the civil prisoners, who's
average number through the year /
about twenty day, and for who's
maintenance the city spends $40 600
year. Besides this outlay, the Lam
and building which have an assesse,
value Of 100000. could be used by tn
city for better purpose or could be sol
and thereafter produce taxes. 1t /
were not for the Jail, the Sherif's OF
fee would be seIf-supporting for tn
first time in its history But with tha
$40 900 added to the budget Of the Of
ice it is difficult TO make such q show
ing. Without the Ludlow Street jai
burden, tbe Office now receives enoug
in fees, all Of which go to the city t
support itself aud pay all The salarie
and expenses.
at is my intention when leave of