United States -- Social life and customs -- 19th century -- Fiction
"Well, you put it a little strongly, perhaps, but those are the facts in
New York. Respectable lawyers, however, are careful to satisfy
themselves of the facts before proceeding at all in such cases; and so
the law, which is a very convenient one, rarely ever works injustice, I
think--not once in twenty times, I should say."
"But," said Robert, "the personal liberty of every non-resident and some
resident debtors is, or in some cases may be, dependent solely upon the
character of attorneys, as I understand you."
"In some cases, yes. But pardon me. Had we not better come to the matter
in hand?"
"As we are not a legislature perhaps it would be better," said Robert.
He then proceeded to relate the facts of the case, beginning with his
drawing of the draft in good faith, its protest, and his consequent
perplexity.
"I did not 'abscond' at all," he continued, "but came away to see if I
could save something from the wreck of the bank, and to seek work. In
leaving, I promised to pay the debt on or before the fifteenth of last
month, feeling certain that I could do so. I failed to do it,
through----never mind, I failed to do it, but I have been trying hard
ever since to get the money and discharge the obligation. I yesterday
remitted a hundred dollars, and should have sent the rest as fast as I
could make it. These are the facts. Now how am I to get out of here?"
"You have nobody to go your bail?"
"Nobody."
"And no money?"
"None. I sold my watch in order to get money on which to live while I
was looking for work."
"You did have money enough to your credit in that bank to have made your
draft good if the bank hadn't suspended?"
"Yes."
"You can swear to that?"
"Certainly."
"Then I think we can manage this matter without much difficulty. We can
admit the facts but deny the fraudulent intent, in affidavits of our
own, and get discharged on that ground. I think we can easily overthrow
the theory of fraud by showing that you actually had the money in bank
and swearing that you drew against it in good faith."
"Pardon me; but in doing that I should be bound, should I not, in honor
if not in law, to state all the facts of the case in my affidavit? The
theory of the proceeding is that I am putting the court in possession of
all the facts and withholding nothing, is it not?"
"Well--yes. I suppose it is."
"Then let us abandon that plan forthwith."
"But my dear sir----"
"Pray don't argue the point. My mind is fully made up. Is there no other
mode of securing my release?"
"Yes; you might schedule out under article 5 of the Non-Imprisonment
Act, I think."
"How is that?"
"It is a sort of insolvency or bankruptcy proceeding, by which you come
into court--any court of record--and offer to give up everything you
have to your creditors, giving a sworn catalogue of all your debts and
all your property, and praying release on the ground that you are
unable to do more."
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