The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-11-18
THE PARTICULARS OF TOM FITCH's
ARREST.

The San Francisco Call of Saturday
last gives the following particulars of
the arrest, in that city, of Hon. Thomas
Fitch
Thursday morning, upon the arrival of
the Vallejo boat, Thomas Fitch, Congress
man elect from Nevada, was taken in GUS
tody by Officer Burns, on charge of libel
preferred against him by Benjamin r. Nick
erson. What the officer did with the pris-
oner the prison register does not exhibit, as
there is no record of the arrest. Yesterday
morning the case was called in the Police
| Court for examination. The Prosecuting
Attorney desired a continuation of the mat
ter for one week, stating reason therefor
the fact that most important witness, the
proprietor of the paper in which the alleged
libel was published was in Nevada, and it |
would require several days before his pres
ence could be secured. To this the defend |
ant objected he had to go to Nevada that
afternoon, and postponement of the case
would put him to deal OF inconvenience.
The prosecution stated that the object of
having the witness mentioned presentwas 10
prove that the defendant had caused the
publication of the alleged defamatory words.
The defendant proposed TO telegraph 10 the
proprietor of the journal in regard to the
matter, and if that person replied in effect to
what the prosecution desired to prove, he
would consent to continuance. The Court
ordered the complainant to fle an affidavit
to show the materiality of the absent wit
ness. before so long continuance would be .
granted. The Court then ordered the par ,
ties to come into Court at two O'Clock in the ,
afternoon, and specially informed the de- ,
PENDANT to be present at that time, with his +
counsel. At the time specified, the COM
plainant appeared in Court with the neces-
sary document, which he filed in due form.
The defendants attorney. Frank Nj. Pixlev
was also present, but the defendant was non
ost. The prosecution refused to go on unless
The defendant was present, setting forth as =
.eason that he was at large on his own re- d
,ognizance. and that if the case was post :
,oned in his absence under the circumstan- y
es, he might fail to appear when the day -
anne for the examination. The Prosecuting =,
Attorney asked that Fitch be brought in u
court, in order that he give bail for his ap- ~
After some time it was decided ~
o postpone the case for the period of time al
equired, and in the meantime Bench war "a =
ant was issued for the arrest of the defend -,
Mt. This instrument was placed in the ~. ~
ands of Officer Cooney, who started out in III III
ursuIt of the party named within it. While %
lat officer was out huuting," the defend
Mt, who had been appriSed of the action of ~
he Court, came in with two suretics, and III
aving filed the requisite bond, went on his ''u
ay rejoicing but his troubles did not end
lere, for the sworn protector ofthe peace of
e city, having the Bench warrant in his N,
)ssession, not having been informed that d 70
md had been filed, took his station at the tol
icramento boat, to await the coming of Gle
e Congressman. About ten minutes be- Io
re the hour set for the departure of the dri
Gamer, Thomas Filth. accompanied by DIR;
uple of friends, made his appearance on for
e wEarf. ana Immediately ne was taken the
lie side by the officer, who Informed him ha
was wanted, and read to him the con- ali
hts of the warrant. The Congressman fer
otested against the arrest, saving that it act
IS all right, thai he had arranged matters NJ
tisfactorlv. His companions corrobora- co,
] his statement, bU. the officer could not $,
q the matter in that light he had a duty nc,
perform, and would do it : therefore he mn
ok lis prisoner before Judge provinces, vii
% release h.-l. tic