Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-07-19
THE BELLOWS CASE.
Treatment of Prisoners by the
Metropolitan POIiCe---The Law as
Dealt out by Justice FOley---The
Matter TO be Brought Before the
Grand Jury to-day.


THE following statement Of the
facts in the Bellows cas- were re-
ceived by us on Saturday night too
late for publication in our paper OF
Yesterday. We, however, present
them this morning, and sincerely
hope that if the facts are as set forth,
land we are assured that they are) the
grand jury will lose no time in taking
the matter in hand:I
"a SATURDAY, July Il, 1863.
On yesterday morning Mr.. j. T.
Bellows was arrested by a member OF
the police force, a Mr.. Moore, and in
carcerated in the dungeon of the Ad-
ans street stationhouse. Mr.. Bellows
applied through his counsel for the
benefit of the writ of habeas corpus
to the Hon. II. i. Hudson, which
writ was granted and u set for
o'clock pm, Saturday. Upon hear
ing of the cause, it appeared that the
only foundation for the arrest of Mr.,
Bellows was a bare supicion of his
being accessory to the murder of one
A. j. Haynes, of Arkansas. There
being no warrant for his arrest, Judge
Hudson promptly and properly dis
charged the defendant.
Pending the trial a warrant was is
sued by Squire Michael Foley and
was served on the defendant; the
Judge then remanded him to the Gus
tody of the officer to be sent before
Justice Foley. The defendant in Gus
tody Of the officer was carried to the
Adams street statiOnhOuse and again
incarcerated. His counsel immedl-
ately applied to Foley for a hearing OF
the cause before him and demanding
that the defendant be at once brought
out, to the end that the matter might
be investigated. This he (the JUS
tice) declined to do, saying that the
warrant was in the hands of the officer,
one J.W. GOrbutt, a member OF the
police force. The counsel at once
applied to Gorbert to bring the de-
PENDANT out-he, GOrbert, replied that
he would serve the warrant to suit
his own convenience.
There was also a charge against MI.
Bellows Of carrying concealed weap-
Ons. His friends promptly offered to
put up a reasonable forfeit on that
charge, which was declined by the
officer in charge of the stationhouse,
who stated that Commissioner Bur-
dett had made an order that no for
felt be allowed. At this time Burdett
passed on the street, and being applied
to, he refused to receive a forfeit. This
was about seven O'Clock in the even
ing. Counsel then left, Immediately
after which the defendant was
carried before Foley with a
request of the officer that he should be
held until Monday next, without bail,
which this most cOmplacent Justice
of the Peace accorded, and issued his
mittimus, sending Mr.. Bellows, hand
cuffed, to jail, without bail, until
Monday, in which said mittimUs he
(the Justice) stated that he had inves-
tigated the cause, and was satisfied
from the eUide7ce of the defendants
guilt; and that defendant had failed
TO give bond, etc, when, in fact and
in truth, there had been no eXamina-
ton and not One word of evidence,
the defendant being able to show his
entire innocence.
An application was to-day made to
Hon. II. s. Lee for the writ of habeas
corpus in said cause, and the defend
ant was brought before his Honor and
at once discharged.
If innocent citizens are thus to be
arrested and brutally treated without
cause, and ANONYMOUSLY oppressed
by those who pretend to be the guar
dams of the law, we suggest that the.
Grand Jury of the Criminal Court,
now in session, should vigilently in
Vestigate the matter.
This should be done, not alone for
the punishment and oppression of the
innocent victim, Mr.. Bellows, but is
demanded that the rights Of citizens
should be protected. We understand
that Mr.. Bellows viii institute suit for
damages against Burdett, Foley and
GOrbutt.