| Show sc r rJ CIVILLY Y DEAD UlAO THIS MA r J ts l WORTH I CANNOT SP SPEND ir C fw York Alphonse J 3 la Is without a doubt the u th wealthiest de tf ii in Kew ew w York state te and he j en the distinction 90 80 O tar fr aj ai the entire is concerned Under Inder the t th law Jaw of tI tate state he i Is civilly dead but actually lie he te is vers much alive Be He has plenty of money but he te is in a position po to pend it He may long for any luxury lu ry with without without without out being able to obtain it it while nil his funds tand continue to accumulate When the average man maD dies dia in tin the eyes of or the law tew his property properly Immedi Immediately goes to others other etther either a according to the terms terras ot f his will w 1 or by W 1 a tuition n among his next of ot kin With Stephani it Is different for while he has hall become beCOm civilly dead t ie e continues to hold bold his ht property am and hit hie hi heirs may not have bave a chance c eto to ea eft 5 joy jO it for many years He waa was convicted of ot murder in the co degree for fot killing Clinton G O OH H a prominent attorney it hi New York in IQ h ray May 1898 1810 He Be was sea sen sentenced to life Ufe imprisonment and aDd t tto to Sing Sing He has bas nee been trans trana transferred tenet to the insane ine asylum connected with the Clinton prison rison at D N Y J Physicians at Sing Sing certified to tc toJ kit ti Insanity lAlla and those in charge o othe of the tk at Dannemora agree that tt he is 11 Jao 7 despite de his hie apparent rational spells and his excellent financial Judgment t He Be seems very shrewd IIren but he M is J declared to b be bea a victim of and aDd to be mentally men mentally tally unsound upon various propositions propositions Has Many Privileges He H la Ja able to obtain certain 1 iJ IlL the Ute asylum because lie he is un qu more rational than most of ot tIse confined conlin ed d with him hint but be he could not BOt spend ape cl his income even if ht he could coald pt get It t sad and when a reporter for foi forthe the Ute New Se York rork Herald Berald interviewed him hImbe himbe be he complained bitterly because e his in interest Int 4 terest t est on certain bonds banda had not DOt been sent BeD t to him in prison on since he Ae was transferred to a prison for the crim criminal criminal inal ins Some 80 few tew advantages he Ae S is able to tc toI obtain by hi ilia hIa money but not his hla lib liberty liberty I erty When he was first Ar t charged with I murder his mother spent thousands in trying to t dear him m She retained the tte late William F Howe of the firm Arm oi ot Howe to defend him The only possible plea was wa insanity as M the crime had been beeR brutal and nd premeditated laZed Had the defense delea e been established e to tc the satisfaction of the jury Stephani Stepheni would hae have escaped Mr Howe sue suc succeeded to the point of raising rai a doubt in the he t minds of two Jurors and the verdict wa was for murder in the second degree dree ree involving necessarily nece a II sen en sentence 4 tence teDe to life imprisonment where the th higher degree would have sent seat the tile pris prisoner oner r to the gallows Mrs Stephani the mother hoped up to the close of her life about a year ago atIo that she would be able to obtain executive clemency for her son SOft She Shedid Shedid did not succeed in inducing a governor to free him but she did in all her pow power w er to make his hie imprisonment comfort comfortable comfortable comfortable able She visited him in Slug Sing Sing 4 and communicated with him frequent frequently ly 11 He had shown a great t aptitude for tor business matters matter before his hf crime and he be was able to assist t her In advising Investments particularly of a specula tIre nature He kept track of ot the stock exchange transactions tran and his judgment proved excellent 1 Mother other Made ade Fortune Following his hS advice Mrs St mad mon oW r foe t fD herself and for him mid and when she Mise died cUed he was to tobe tobe tobe be worth wort at least M possibly much more He was transferred to the asylum at where he was wa certain w 3 be more comfortable as there is t no necessity for tor hard bard labor and he is 18 now BOW in a position po to dispose p Hof of his time iliac more ore or less les as a he sees lit fit with the usual prison confinement and lack of luxuries To a reporter who went to Danne Danue Dannemora Dannemora mora more to see Bee him aim Stephani gave gaTe a re remarkable re remarkable interview discussing affairs of ot the day prospects t of the stock mar market marke ket ke and his hl personal ambitions What he most desires desire of course cour e is J to get getaway getaway awa away from the asylum H He would like to go to the south of Europe and to en enjoy enjoy joy his money He talks fluently and intelligently and shows no outward in indications Indications of Insanity I Peculiar features of post t position tion are explained by Abraham H Hummel legal partner parmer of the late Mr Yr He c Aa Ae one ODe of the counsel coun el for Step Stephani Stephani hani haul Mr Hummel Humme has had ad occasion to study the laws governing g a man who is dead and has nu found many pe JK peculiarities pet t culia ri ties Civil death relieves a man Juan absolutely of oj certain duties and ud obligations 1 gallons but not Dot of others othere He is re ye responsible I 4 for tor nfl all moneys due under con COR contra traits tra ts hut but he be cannot contract new con contracts contract tracts tract He Be may he be sued and said he may defied defend a suit but he may not ROt sue differs from any other life convict through his hI wealth and through the ue resulting complIcatIons C Ills His own uteri story has baa a peculiar interest A H ON CIVIL DEATH I 1 know of no more peculiar entanglement glement g ment that e exists lMa IK la the law with reference to men mea who are found fouad guilty of murder In the second degree decree and aad petit to state slate s te prison p for life lite s Id d A t H Hummel Hammel yesterday e tad 7 They are civilly dead dad though actually alive dye and aDd the Ule question that hat presents pl leDta itself elf lt is How Row much are they dead in law Jaw and anti how much mach alive aUve It seems almost superfluous to de declare delare clare lare that the judgment of the court deprives the com convict let of Ida his b right richt to tote vote ote te to sit as a juror to bear hear arms armsto armsto armsto to marry and to hold office o as the I conditions under which he i Ia confined co make ke all these th thing thIn radically im tm impossible possible ible Within the walls of ot the pris prison prison on the privileges and duties du es of or the tree citizen are unknown Would it not DOt seem equally prepo preposterous preposterous for a man under a II life Ute sea sen sentence lance tence to hold bold real estate tate or to he be hem in 18 interested in Mock stock transactions tran Upon this subject learned jurists have ve vea die dis disagreed reed agreed a and they ue have expounded their reasons lucidly and Judge Bails View Judge Earl sarI of the court COHrt of ot appeals pat put the question as he construed it itla It Itin la in this forceful manner mannera II a While the tile convict ha halt no use for his property and no obligations to per perform perform perform form while he be cannot cunot use his prop property property property erty for tor his comfort or enjoyment white while be he cannot protect it by action to recover it by any pro proceedings proceedings if taken away from him why should he be permitted to retain the title thereto and why should it not under any wise system of laws Jaws be delved upon his hi successors euc or his heirs and next of kin 1 This seems seem logical In view I w of the fact that the Revised ed Statutes i call eally declare that a person penson sentenced I Ito to imprisonment for life shall there thereafter thereafter i after alter be deemed civilly dead and this 1 provision was a reenacted in tn the penal code The other ot r judges sitting Bitting on the court of ot appeal bench took a different view however and Judge Andrews in inthe inthe the controlling opinion said Aid When it is considered that no case casein ca caseIn e eIn in this state tate can be found where the will m of a person per on imprisoned on a life lite sentence hap ha ba been admitted to probate during his natural life tiff or where ad has baa been granted on oti his esMau le or dower assigned ped as if It he were ere dead ai ad nor any case CaM where the title to has been bee traced through h a ad ciUL as d di from tram a U i f T j 1 Civilly Dead ead BEans rans Tips on the I f Stock Market M k t f fe H Hf f The e box bos in m the tI Deposit 4 I 4 of the Slate of New 1 4 at m in street con conf f tarns taJos my legat le a r of In lit rail 4 road stocks and bonds and other ether 1 property of mine in all about 41 T e T Tf f I 1 have kept track t Gl the stock ock 4 market since I have e b Ih In pus 4 on I think the tendency of the i if I f market Is 18 going to be sUU loWer leer Take the United States Steel com corn 4 puny I think that Is going to 4 i f grass ass The Th Of will wilt be oe wiped f out altogether sooner or later t 4 Most of the common Stock ck of the 4 4 other recently I formed industrials t represents el tl nothing but water The 4 American Ice company is the only 4 I possible exception in iA the Hf H f trial line Theres no tariff on ice ie ICe 4 either Up to 18 for eight years after f I i wag wae taken to Sing Si g Sing Slug the New NewYork 4 f York rork Central promptly paid me 4 tile the dividends on m my stock stuck l 1 got t the tile cheeks cashed and Had money ney 4 4 to buy Duy many luxuries and rein reinvested f vested some of ot the money mon In New NewYork NewYork NewYork York Central Centre stock paying f ff f 4 rye been a stockholder in the New NewYork t tf f York Yerk Central for sixteen or se sef sev seventeen seventeen f enteen years Then The they Ut found und f f out I was civilly dead and refused 4 to send any more checks chacto to tI totne me meThe 4 4 The Pennsylvania paid me rue the th 4 4 dividends on thir stock until I Iwas 4 i iwas 4 was transferred from Sing Slug Sing 4 4 to the asylum asylums A As apon oa as they 4 I 4 saw AW I was in an asylum it iL was 4 I all up They stopped too 4 4 I think this civilly dead law 18 is IB 4 4 unconstitutional Other states do 4 4 not Bot have it 4 4 My mother made a will which I Iam Iam 4 4 am trying to break on the grounds 4 4 of insanity and undue und influence 4 4 I would give anything almost 4 f 4 to get to New York ork and auth see my 4 4 lawyers It is iI a shameful s thing 4 4 that you cant get a writ of ha 4 4 bean beas corpus corpos except in a criminal 4 4 proceeding I want to ie go to Eu Bu Europe Europe 4 4 rope and live the rest re t of my life Ute 4 4 quietly I have money in banks 4 I 4 at London at Paris Parl and aD at Prank Frank 4 4 fort tort Im sane ne enough to be tired 4 4 but rm not only insane But hut civilly 4 4 dead when It comes cornea to getting gotting the 4 4 money mones that th t belongs to me methe methe 4 J the inference seems almost irresistible le that tb the doctrine that civil con consequent consequent consequent sequent upon a life sentence nelt dIVests the criminal of his state has no so bun foun oun daton in our law lawAs lawAs lawAs As To Stephani All AU of this leads le ds to curlew curioUs con conclusions oon clu relating to a con Stephani was convicted of the crime of murder and the verdict of the tile jury gave save him bim his life only that he might ge gO g from th the court room r to a civil death He had been brought up In good circumstances but bat he was nervous and excitable The only plea that could be made for hIm Aim in court was insanity in In His loving mother JIl clung i ito to him and to my personal knowledge spent a considerable sum SlUm of money on his trial When he Be r the prison I understand that he seemed perfectly sane and he wrote to his mother from time to time about in Inv v vea ent It fo ks said that even without without with without out being betag in hi touch with the market his fa judgment nt was so It good that she sher sher realised r r a good profit by b following his advice Upon her ber death he became en entitled entitled entitled titled to property left to him by his fathers will In which Mrs Stephani had a life interest Now under uDder the construction c of ef our courts this astute speculator peculator is civilly illy my dead He holds property though he has no more means meana ef of eon controlling trolling it than if he be were actually in a tomb He may give directions but buthe lie he cannot enforce them No matter how bow great his fortune might be he would still atm have beve b ye to wear his hie felons t eat the prison bill of fare and attend to any menial labor that might be as so assigned signed to him He is in a place where money can buy no luxuries as u no dis distinction distinction can be made inde in a state pris prison on n Does it not sound strange to say that the courts court have ha e determined that while the person who is IB civilly dead cannot sue he may be sued he be may de defend defend fend end an action brought against him himI aad and his property is answerable to his creditors Well such is the ease cue and I by analysis one discovers the tha th reason On for what appears at first glance an anomaly The he convict has forfeited Ms hJ social ocIal political right He Be cannot invoke the aid of the Ute courts If be he has property however he is responsible rt pon ble for arty any just ju t debts deb that he may have con contracted contracted for any wrong done dene or any I Injury inflicted Indicted As he does not forfeit his hie hi property it must mu t net not be taken from I him hint by legal process unless there is justice in the t e claim hence the privilege privIlege ege to defend lIe He cannot enter into executory executor contracts and nd call 11 upon the courts to enforce them but he be may transfer fer his property by y will or deed It If a life ute convict has bas business s to transact he Dm iut consequently e rely Implicitly upon the person to whom he be confides confide it it as 86 8 in Ift the event af t dishonest dealings dean he be would have no redress reVe s Up Upon I Ion on hia his conviction even his hie wile wife and children owe him no fealty or obed obedience fence Some of these exist in a similar degree with the ease lie of I convicts sent ent to a Mate te prison for tor a definite term of years yd during durIn which time their civil rights lS are 90 suspended s although they tJ are of their i property I believe that there have been ninny many instances tn taace in this thie state where convicts convict were really wealthy and came e me into the t enjoyment of ot con considerable fortunes upon upen their release By fly the ancient common law when sentence was wu pronounced pron for tor a capital oease it tt involved forfeiture corruption I tion of blood and an extinction of at civil i rights hta Forfeiture was of Saxon S xon ori orl origin on i gin the Use goods good and aM chattels lands land and I tenements of ot the attainted felon were I forfeited to his king The he doctrine of corruption tion of blood of feudal origin was wag instituted 1 in lit England after the Herman conquest the bl a od of the Ute at attainted attainted t tainted d person n was deemed S to t be cor corrupted corrupted corrupted 00 so that neither co ld d he trans nut mit fel 11 big estate e to Ids lite hairs nor could they take by descent cent from fain the ances ancestor ancestor tor S I Murder to x KiU XiU Kim Him These The e things are different today but the problem of or rights and aad wrongs has merely become more re complicated Surely has haa been oe n ex extraordinary and Ids his civil death eath leaves leavea |
