United States -- Social life and customs -- 19th century -- Fiction
"The case is a peculiar one, sir. It has the appearance of a fraudulent
debt and an attempt to run away from it. I must do my duty by my client,
sir; and so this gentleman, who is a sheriff's officer, has an order for
your arrest, which I must ask him to serve if you do not pay the debt to
day."
[Illustration: "LET HIM SERVE IT AT ONCE, THEN."]
"Let him serve it at once, then," said Robert. "I can not pay now."
CHAPTER XXIII.
_Mr. Pagebrook Takes a Lesson in the Law._
As Robert was unable to give bail without calling upon his friend
Dudley, which he determined not to do in any case, he was taken to the
jail and locked up. Upon his arrival there he employed a messenger to
carry a note to a young lawyer with whom he happened to be slightly
acquainted, asking him to come to the jail at once. When he arrived
Robert said to him:
"Let me tell you in the outset, Mr. Dyker, that I have no money and no
friends; wherefore if you allow me to consult you at all, it must be
with the understanding that I cannot possibly pay you for your services
until I can make the money. If you are willing to trust me to that
extent, we can proceed to business."
"You are very honorable, sir, to inform me, beforehand, of this fact.
Pray go on. I will do what I can for you."
"In the first place, then," said Robert, "I am a little puzzled to know
how or why I am locked up. You have the papers, will you tell me how it
is?"
"O it's plain enough. You are held under an order of arrest."
"But I don't understand. I thought imprisonment for debt was a thing of
the past, in this country at least, and my only offense is indebtedness.
Is it possible that men may still be imprisoned for debt in America?"
"Well, that is about it," said the lawyer. "We have abolished the name
but retain the thing in a slightly modified form--in New York at least.
Theoretically you are not imprisoned, but merely held to answer. The
plaintiffs have made out a case of fraud and non-residence, and so they
had plain sailing."
"But I always understood that our constitution or our law or something
else secured every man against imprisonment except by due process of
law, and gave to every accused person the right to be confronted with
his accusers, to cross-examine witnesses, and to have his guilt or
innocence passed upon by a jury of his countrymen."
"That is the theory; but there are some classes of cases which are
practically exceptions, and yours is one of them."
"Then," said Robert, "it is true, is it, that an American may be
arrested and sent to jail without trial, upon the mere strength of
affidavits made by lawyers who know nothing of the facts except what
they have heard from distant, irresponsible, and personally interested
clients--affidavits upon information, I believe you call them?"
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account