The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-09-09
A MODEL WHITE MAGIsrRArE.
Hc Commits a Man to Jail because h,
doos not give Bond TO Pay Money
which he does not owe.

The NEws, OF Monday, gave an account OF q
model nogIU magistrate who committed man
to Jail because no did not tske his hat of, and
now has to record the doings OF o white magis-
trate who, combining both ignorance aud "puro
cussedncss," has dono an act which shows him
to be u fis associate Of his brother magistrate,
This lnan, who was a Confederate soldier and
is now member Of tho Radical party, on Tues
day last committed citizen to the Jail OF this
city because he would not give bond TO pay the
sum OF fifty dollars which no did not owe.
cAuaE OF THE ARREST
In 1867 man named Nelson planted some
cotton on the plantation OF Mr. D. Ferguson.
and being unable to attend to it offered It to
Mr.. Fitzor il he would cultivate it and give
him ouo-thlrd OF tho net proceeds from the
sale Of it. rmr. Fitzer and three others, jnclud-
ing Samuel Richardson, oolored, consented to
take charge Of the cotton Subsequently two
or the men withdrew from the agreement,
leaving Mr. Fitzer and Riohardso1an charge Of
the cotton, f1eld.5 These two sgreed that they
should cultivate theioptton, sell IT. give Nelson
his one:thirl, and equally divide the balance
leit, atler paying Nc. FitIer tho mon,y e1-
pended In tho cultivation.
The cotton, ono bale, was sold in Charleston
by Meaare. W. @. Bee & Co. in 1868 for $109.
The expenses for cultivation, bagginR, &o., was
$92. The one.third, $ss IS. Was paid to Mel
son, which Of course left nothing to be divided,
but put Mr. Fitser about $40 out of pocket At
the time, Richardson, although the matter was
fully explained to him, asserted that money
was duo him from the sle, and that he would
have II out OF Dir. Fitzer.
BEFORE THE MAGISTRATE.
On the 7th Of this month, about eighteen
months after tho cotton was sold, Richardson
shad q warrant issued by Magistrate 81. W. Rts-
tig, of ct. Johns Berkeley, living about thirty
miles from the city, for the arrest OF h1r. Fitser
upon tho charge OF "swinde." Mr. Fitser,
with his Witnesses. appeared before the masis-
trate, who, alter brief investigation, told hIr.
Fitzer that II no did not give bond 10 pay the
sum Of fiity dollars to Richardson, he would
have to 60 to Jail. Fitzer refused TO give the
t bond required but offered to- gtve security to
appear for trial besorsfa higher court. fThe
'magistrate refused to allow him TO do 40. say-
ing that It would cost tho State too much Tor
the case to go to any other court. He then
wrote commitment, and the constables
brought Dir. Fltzer to tho jail hero.
OUT UPON WRIT OF HAsEAs CORPUS.
MIR. Fitnor secured the services OF G. ".
D'ngie, Esq, who. on yesterday, had his client
brought before Magistrstes Rivers and sohro-
der, upon writ Of habeas corpus. One OF the
magistrates was in favor of releasing tho pris-
oner upon his own reoognizance, but the other
dlssented, and it vas at last decided that he
should give ono hundred dollars security to ap-
pear before tho State COURT for trial. he gave
the security aud was discharged.
IGNORANCE AND ''rVAE oUssEDxHss."
Tho magistrate had no right whatever to
take co8uisance Of the matter, as the statute
OF limitations provide that man cannot be
arraigned for an offence q the character al
legged siS months after the alleged offence was
committed. AS the fellow Richardson avoided
all OF tho magistrates in the immediate vioini-
ty, and went long di stance to Ristig, it is to
be presumed that he knew the character OF the
man. and felt convinced that he would aid him
in carrying out his vile ends.