The Review, Volume I, No. 9, September 1911 — John Shaqi
The Review, Volume I, No. 9, September 1911Various
History
The Review, Volume I, No. 9, September 1911
Various
Prisons -- Periodicals
The two judges who sit in the Manhattan court are Magistrates Harris
and Cornell. Each magistrate sits fifteen days alternately, then five
days in one of the regular criminal magistrate’s courts, and then
ten days holiday. Under Judge Harris and Judge Cornell the domestic
relations court experiment has been tried out and proved successful.
Under these two magistrates there has been established a progressive
procedure in regard to husbands who refuse to live with and support
their wives and families. When a woman appears in this court the judge
listens to her story and if he feels that there is ground for action
or need of legal interference, he will issue a summons which is really
a legal form of request to the husband to appear in court on a certain
day. The wife is then told to come back on the same day. If the husband
appears in response to this summons, all well and good.
On the other hand, if he fails to take cognizance of the summons, a
warrant is issued for his arrest, and he is brought to court willy
nilly. When the moment for trial comes, the woman is put on the
witness stand and after being duly sworn, proceeds to tell her story,
without let or hindrance. If the corporation counsel happens to be
present he represents the woman, and the defendant is entitled to
counsel, although most of them are willing to tell their side of the
story and abide by the decision of the judge. In the absence of the
corporation counsel the presiding magistrate questions the woman, not
in a hostile way at all, but with the idea of drawing from her all the
facts which shall enable him to attain a wise decision. When she has
finished the defendant takes the stand in the usual way and the judge
questions him with a similar desire to elucidate the trouble. If the
case is flagrant it is within the power of the court to sentence the
man to the workhouse for a period of not more than six months. Many
women urge that their neglectful husbands be sent away, but it is in
this connection that the law is perhaps not all that it should be.
If sending a man to prison provided his wife and children with bread
and butter and rent it might frequently be a good thing for society
in general and the family in particular to have the man locked up.
Unfortunately, a man sent to Blackwell’s Island for six months is
obliged to do work for the state, but this precludes all possibility
of his contributing to the support of his family during the period of
his incarceration. Furthermore, the law will not allow the prosecution
a second time of a man who has just served a term of imprisonment for
non-support or abandonment within one year of the first prosecution,
so that if a woman asks the court to lock up her husband and the court
complies, that woman voluntarily surrenders all legal right to take
further action against him or collect money from him for a whole year.
There is an agitation just now to have the state pay a prisoner for
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