Wednesday, December 4, 2013

“She feels that jail is the place for him.” – John Pettet’s Alimony Hell – New York 1932


FULL TEXT (Article 1 of 8): White Plains, N. Y. – An alimony suit which the husband apparently faces life imprisonment unless the courts find some way to give him relief from contempt judgments was studied Saturday by Justice George H. Taylor, jr.

Mrs. Clara L. Pettet, the wife, has adopted a policy designed to keep her husband, John D. Pettet, in jail. When Pettet was $4,500 in arrears with his alimony Mrs. Pettit began to apply for her husband’s commitment for contempt of court, not for non payment of the total sum, but for amounts ranging from $200 to $600. If Pettet was able to pay on any particular occasion his wife immediately served another order.

~ New Order Always Ready ~

Four times Pettit was able to pay, but on the fifth he failed and was put in jail. That was Aug. 7. Oct. 10 he married to raise the sum called for and released. As Pettet walked from the jail his wife’s six order was served and he was forced to return to his cell.

A few days ago Mrs. Pettet obtained her seventh order for commitment on default of $525. Her fear now is that Pettet might pay up on a legal holiday, be released and then leave the state before she could get another commitment order.

The wife’s attitude was described by Frances Fallon, her attorney, in the words “She feels that jail is the place for him.”

~ Life Term Possible ~

Justice Taylor, commenting on the situation, said:

“I have been convinced for several weeks that Mrs. Pettet’s purpose is to keep her husband in jail. It appears that the imprisonment of Pettet will be terminated only by his death unless the courts find some way to give him relief. And life imprisonment was not and is not the intent of the law.”

Pettet has a radio supply store in Mount Vernon. His wife obtained a separation in May, 1931. Alimony was fixed at $75 a week at that time. Later it was reduced to $35.

The legal point before Justice Taylor now is Mrs. Pettit’s motion restrained the sheriff, in whose custody her husband is held as a civil prisoner, from accepting payment of any alimony sum on a holiday.

[“Back on Alimony; Faces Life in Cell – New Contempt Order Is Served When He Pays,” syndicated (UP), The Milwaukee Journal (Wi.), Dec. 24, 1932, p. 1]

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FULL TEXT (Article 2 of 8): White Plains, Dec. 23. – Justice George H. Taylor jr. intimated today in reserving decision in the Supreme Court on a motion by Mrs. Clara Pettet for an order to prohibit the release of her husband on any legal holiday, providing he should pay up the amount of his back alimony for which he is imprisoned, that he did not wholly approve of her motive.

Mrs. Pettet explained she feared that if her husband, John D. Pettet, might pay up the arrears, go free on a legal holiday when it would be impossible for her to serve on him another contempt order she was holding in reserve and skip out of the court’s jurisdiction before she could get him back into jail. It is her conviction that jail is the place for him.

“The situation presented by these arrears in alimony,” said Justice Taylor, “is such that it would appear that imprisonment of the defendant will be terminated only by his death. I do not think that the law ever contemplated such a situation; and when and if application is made by him for discharge from imprisonment for such other commitment, if the matter is heard before me, I will endeavor to make such disposition of it as will be in the interest of justice, knowing that while the defendant is in prison his business, his own interests and those of the plaintiff, dependent upon him financially, must suffer. I respectfully ask the learned counsel on both sides to co-operate with me so as to arrive upon a disposition  which will relieve the present unhappy situation.”

Although Mr. Pettet is $4,500 in arrears in his alimony, the order of commitment upon which he is in the county jail for default of only $300. Justice Taylor reduced this sum to $75 today. Therefore if the restraining order sought by Mrs. Pettet is withheld and he pays $75 on Monday, a legal  holiday when civil orders of arrest do not run. Mr. Pettet might walk out of jail and depart for New Jersey or Connecticut.

Mr. Pettet is forty-four years old, is a member of the New York Athletic Club and has a radio supply store in Mount Vernon. Mrs. Pettet obtained a separation in May, 1931. alimony was fixed at that time at $75 a week. Subsequently it was reduced to $35 a week. Mr. Pettet’s business not being what it was.

Even with the alimony reduced by more than 50 per cent, Mr. Pettet continued to fall into arrears. The policy adopted by his wife was to apply for an order for his commitment for contempt of court, for non-payment of the entire $4,500 but of sums ranging from $200 to $600.

Four times Mr. Pettet managed to pay up the sum mentioned before the order was served, but the fifth time, on August 7, he failed to raise it and was put into jail.

Mr. Pettet languished in jail until October 10, when he managed to raise the sum for which he was in pawn and was released. As he walked out of the jail, however, Mrs. Pettet’s sixth order, the one issued for default of $300, was served upon him and back he went to jail.

A few days ago, with her husband still in jail in default of the $300. Mrs. Pettet obtained her seventh order of $525. like the sixth, this was to be served on him should he pay what was due on the sixth order and be released. It is this seventh order which Mrs. Pettet fears may go to waste if her husband should be released on a legal holiday.

[“Life Term Held Too Severe in Alimony Case – Court Cool to Westchester Woman Seeking to Keep Husband in Jail,” New York Tribune (N.Y.), Dec. 24, 1932, p. 12]

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FULL TEXT (Article 3 of 8): White Plains, N. Y., Dec. 27 – John D. Pettet, owner of a radio supply store in the Westchester County jail since August 7 for arrears in alimony payments to his wife, will remain in jail indefinitely as a result of an order signed in Supreme Court today by Justice George H. Taylor jr., restraining the Sheriff from accepting payments on any day except a legal court day.

Justice Taylor denied eighteen of twenty sections in four motions made by counsel for the wife, Mrs. Clara L. Pettet, but granted the sections prohibiting the husband’s release on any legal holiday, Mrs. Pettet had explained Friday that she feared her husband might pay up the arrears on a holiday, when it would be impossible for her to serve on him another order for contempt of court she was holding in reserve.

The sections denied included six aimed to impound affidavits submitted Mr. Pettit in the case; sections demanding that Mr. Pettet and his attorneys be fined for alleged improper conduct, and sections designed to force business records of the husbands to be submitted to the court.

In reserving decision Friday Justice Taylor indicted that he did not approve of the wife’s desire to keep her husband forever in jail. Today’s order, however, makes it impossible for Mr. Pettet to clear the $75 arrears, for default of which he is now in jail, without being served at once with a seventh order for contempt of court for default of a payment of $525.

The alimony was fixed at $75 a week when Mrs. Pettet obtained a separation in May, 1931, but later reduced to $35 a week. Mr. Pettet continued to fall into arrears, which have reached $4,500. the wife’s policy had been to apply for orders for his commitment for contempt of court, not for nonpayment of the entire sum but for sums from $200 to $600. Mr. Pettet evaded arrest four times by paying just before the orders were served, but the fifth time, on August 7, he failed to raise payment and was put in jail.

[“Court Balks Pettet Plan To Pay Back Alimony – Wife Gets Order Barring Liquidation on Holiday,” New York Tribune (N.Y.), Dec. 28, 1932, p. 8]

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FULL TEXT (Article 4 of 8): White Plains, N. Y., Jan. 23. – John D. Pettet, owner of Mount Vernon radio supply store, who has been in Westchester County jail since August 7 for arrears in alimony payment, failed to gain his scheduled release from jail today when he offered only $150 of the $200 payment fixed as a condition of his release.

He also had been able to obtain the $1,500 bond required as a guaranty that he would not attempt to leave the state’s jurisdiction for two months, as agreed last week in Supreme Court before Justice Joseph Morschauser by counsel for him and his wife, Mrs. Clara L. Pettet, who obtained a separation in 1931.

Justice Morschauser extended the terms of the agreement until Thursday after hearing Pettet’s plea that he could raise the money if given a little more time.

“I want this man out in the street,” said the justice. “I want to give him the chance to help himself and, in a measure, to help his woman, too. I want to give him two months, in which he says he can restore his business and make regular payments to his wife. Then, when he comes back to me on March 27 we will have decided what to do. Perhaps by then the Legislature will have remedied this situation.”

[“Alimony Prisoner Falls $40 Short of Freedom – Mount Vernon Man Gets Three Days More to Raise $200.” New York Tribune (N.Y.), Jan. 24, 1933, p. 8]

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FULL TEXT (Article 5 of 8): White Plains, N. Y., Jan. 31 – John D. Pettet, Mount Vernon electrical appliance dealer, who has been in the county jail in Eastview since last August 7 under a series of contempt orders obtained by his wife, Mrs. Clara D. Pettet, after he fell behind in his alimony payments, was released from the jail today under an agreement which granted him two months freedom. During that time he must rehabilitate himself to the point where he can resume paying alimony or else go back to jail.

Mr. Pettet seemed pretty cheerful for a man who had so much to do in such a short time. He explained that his business had been ruined during his absence and he had $18,000 in judgments against him. His son, Harry, tried to run the store during his imprisonment but could not make it pay. Mr. Pettet didn’t know which way to turn, he said, and would take a few days to get his bearings. Even the thought that the alimony payments, which he said amounted to $50,000 between 1921 and 1931, were not yet ended, failed to chase the smile from his face.

“I ought to feel good,” he said. “You know this is the first time I’ve been out of doors in six months.”

~ Released Under Bond ~

Justice Joseph Morschauser, of the Supreme Court, signed an order releasing him after he had paid $200 toward his alimony arrears, which are approximately $4,000 and after he had posted a $1,500 bond not to leave the state before March 27. At that time he will make a report of his progress in the outside world; what he has done toward supporting his wife and settling his alimony arrears. If by March 31, he is in a position to pay alimony of $35 a week, he may remain a free man. If not, he must return to jail.

Mr. Pettet has not been removed from the jail today when his attorney, Paul Bleakley, and Francis M. Fallon, his wife’s attorney, engaged in a hot dispute over the wording of the order that Justice Morschauser interrupted with exasperation.

“I don’t any more fooling here,” he said.

“No matter what anyone else tells you,” he said, “don’t try to leave the country. Nobody wants to keep you in jail. I want to give you a chance to see what you can do and maybe before you know it you will have solved most of your troubles.”

~ Estranged Since 1918 ~

The Pettets were married in 1904 and became estranged in 1918. in 1921 Mrs. Pettet started suit for divorce, and, pending trial of the action, was granted temporary alimony. Prosecution of the suit was postponed and Mr. Pettit continued paying the temporary alimony until 1931, when the divorce action was dropped and a separation suit was instituted. Mrs. Pettet obtained the separation and alimony of $75 a week was set.

After his release today Mr. Pettet recounted the difficulties of an alimony prisoner. A rather and slim, he appears much younger than his fifty-eight years. He wore horn-rimmed glasses was dressed in brown. He spoke with feeling of one man in the jail who had been working three days a week on an unemployment relief job, only to be put in jail for failure to pay alimony.

“A civil prisoner hasn’t much chance under the present laws,” he said, “although I have nothing but praise George Casey and the jail staff. But here’s what happens. If a criminal escapes all that happens is that the police go looking for him, and if they catch him they put him back in jail.

~ Alimony Prisoner Closely Guarded ~

“But a civil prisoner out in jail for debt is the county sheriff’s responsibility, and if he escapes the sheriff must make good the amount for which the man was incarcerated. I guess that’s the reason why my only air, exercise and diversion consisted of walking up and down a corridor of about twelve feet long.

“I’ve been so cut off from the world since I was in jail that I don’t even know where to start. My term in the alimony jail hasn’t served any purpose. A man should pay in accordance with what he earns and not above his earning capacity. A man should go to jail if he is concealing his assets or when he attempts to hide his sources of income. But if he is sent to jail without having a proper determination of what he can definitely earn, why, he can’t squeeze money out of the bricks in the jail.”

Mr. Pettet was serving time under the seventh court order obtained by his wife. Each time he caught up on the deficit for which he had been jailed she would obtain another order for alimony accrued during his incarceration. Her attorney said that she had an eighth order in reserve.


[“Prisoner Freed For 2 Months to Raise Alimony – Business Ruined, $18,000 in Debt, Mount Vernon Man Faces Task Hopefully,” New York Tribune (N.Y.), Feb. 1, 1933, p. 3]

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FULL TEXT (Article 6 of 8): White Plains, N. Y., March 13. – John A. Pettet, Mount Vernon electrical contractor, released from the county jail on January 31 after six months imprisonment for failure to pay alimony to Mrs. Clara D. Pettet, who obtained a separation in 1931, appeared before Justice Joseph Morschauser in Supreme Court today and paid $35 on his alimony. The agreement under which he was released stipulated that if by March 31 he was in a position to pay $35 a week alimony he might remain free, but if not, he must return to jail.

Pettet was confident he could meet the payments and said he had found a new backer for his business, which suffered while ha was in jail. He would not discuss his plans for financial rehabilitation, he said, until two weeks from today, when he appears before Justice Morschauser again to give proof of his ability to play.

[“Wins Freedom With $35 – White Plains Contractor, Jailed 6 Months, Pays Alimony,” New York Tribune (N.Y.), Mar. 14, 1933, p. 11]

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FULL TEXT (Article 7 of 8): White Plains, N. Y., March 13. – John A. Pettet, Mount Vernon electrical contractor, released from the county jail on January 31 after six months imprisonment for failure to pay alimony to Mrs. Clara D. Pettet, who obtained a separation in 1931, appeared before Justice Joseph Morschauser in Supreme Court today and paid $35 on his alimony. The agreement under which he was released stipulated that if by March 31 he was in a position to pay $35 a week alimony he might remain free, but if not, he must return to jail.

Pettet was confident he could meet the payments and said he had found a new backer for his business, which suffered while ha was in jail. He would not discuss his plans for financial rehabilitation, he said, until two weeks from today, when he appears before Justice Morschauser again to give proof of his ability to play.

[“Wins Freedom With $35 – White Plains Contractor, Jailed 6 Months, Pays Alimony,” New York Tribune (N.Y.), Mar. 14, 1933, p. 11]

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FULL TEXT (Article 8 of 8): White Pains, N. Y., Mar. 6. – Mrs. Clara D. Pettet, of Mount Vernon, whose successful efforts to keep her husband, John D. Pettet’s lawyer, for alleged failure to pay $50 in fees.

Justice Witschief said that he had received a letter from Mrs. Pettet telling him that her husband was living up to the agreement made with her when he was released from jail and that she was released from jail and that she did not wish to see him incarcerated again. Mr. Pettet, a Mount Vernon electrical contractor, was released from the Westchester County jail on March 14, 1933, after an imprisonment of six months, but the terms of the agreement with his wife were not made public.

[“Kept out of Jail by Wife Who Used to Keep Him In – Ex-Member of Alimony Club Saved by Change of Heart,” New York Tribune (N.Y.), Mar. 7, 1934, p. 4]

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For more revelations of this suppressed history, see The Alimony Racket: Checklist of Posts

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