The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-09-09
A MODEL WHITE MAGLsERATE.
He Commits n Man to Jail because he
does not give Bond to Pay Money
which he does not Owe.

TIE News, Of Monday, gave an account OF
model negro magistrate who committed man
to Jail because he did not take his hat off, and
now has to record the doings Of q white magis-
trate who, combining both ignorance and 'pure
cussedness," has done an act which shows him
to be fit associate Of his brother magistrate.
This man, who was Confederate soldier and
is now o member Of the 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 he did not owe.
CAUSE 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.. FItzsrif he would cultivate il and give
him one-third Of the net proceeds from the
sale OF 1t. Mr.. Fitzer and three others, includ-
ing Samuel Richardson, colored, consented to
takeohsr of the cotton. Subsequently two
or the men withdrew from the agreement,
leaving Dir. Fitzer and Richardson in charge Of
Che cotton fields These two agreed that they
should cultivate the cotton, sell it, give Nelson
lis one-thirl, and equally divide the balance
left, after paying Mr.. Fitzer the monsJ. ex-
pended in the cultivation.
The cotton, one bale, was sold il. Charleston
by Messrs. ". G. Bee & Co. in 1868 for s1O9.
The expenses for cultivation, bagsing, &C., was
$92. The one-third, $36 SS, was paid to Mel
son, which Of course left nothing to be divided,
put Mr.. Fitzerabout $40 out Of pocket. At
the time, Richardson. although the matter was
fully explained to him, asserted that money
was dus him from the sale; and that be would
have it opt Of Mr.. Fitzer.
BEFORE THE MAGISTRATE.
J. On the 7th Of this month, about eighteen
months after the cotton was sold, Richardson
had warrant issued by Magistrate q. ". Ris-
tig, of st, Johns Berkeley. living Shout thirty
miles from the city, fes the arrest Of Mr.. Fitzer
upon the charge OF !" swindeL" Mr.. Fitzer,
with his witnesses. appeared before the magis-
trate, who, after brief investigation. told Mr..
Fitzer that II he did not give bond to pay the
sum Of fifty dollars to richardson, he would
have to go to Jail. Fitzer refused to give the
bond required, but offered 10 give security to
appear for trial before q higher court. The
magistrate refused to allow him to do 80, say
ing that il would cost the State too much for
the case to 60 to any other court. He then
wrote o commitment, and the constables
brought Mr.. Fitzer to the jail here.
OUT UPON WRIT OF HABEAs CORPUS.
Mr.. Fitzer secured the services Of G. W.
Drngie, Esq, who, on yesterday, had his client
brought before Magistrates Rivers and Schro
der, upon writ of habeas corpus. One Of the
magistrates was in favor Of releasing the pris-
oner upon his own recognizance, but the other
dissented, and it was at last decided that he
should give one hundred dollars security to ap-
pear before The State Court for trial. he gave
the security and was discharged.
IGNORANCE AID 'tPURE oUssEDNKss."
The magistrate had no right whatever to
take cognizance Of the matter, as the statate
Of limitations provide that man cannot be
arraigued for an offence of the character al
legged aix months after tho alleged offence was
committed. As the fellow Richardson avoided
all Of the magistrates in the immediate vicini-
ty, and went long distance 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.
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