Savannah morning news. [volume] (Savannah) 1868-1887, 1881-09-09
That Assault win Intent to mur.


That Assault With Intent to Muir.
der.
Mention was made in yesterdays NEWS
of the arrest at Montgomery of Moses
Banks, colored, on the charge of assault
with intent to murder one James ~Haber-
sham. The account Of the offense and Of
the arrest was brought to this Office on
Wednesday night by the Deputy Sheriff,
who made the arrest, and who stated that the
accused endeavored to get away, and that
he bore the reputation of "desperado"
Yesterday morning application was made
to Magistrate Waring Russell, Jr. by Messrs.
Lawton and Cunningham, attorneys for
Banks, to have him released on bail. This
application the Magistrate refused, resting
his action upon the following certificate
from the physician attending Habersham:
SAVANNAH, September s, 1881.
Warinq Russell, ,r, j. p, c. G. Ga:
DEAR SIR-James Habersham, colored, is
cut in the top OF tie skull, through the
brain and into the substance of the brain.
He is going to die of Inflammation of the
brain, and the commissions consequent upon
it, to day or tonight.
JAMES J. WARING, NJ. D.,
Attending Physician.
In this connection we present the follow
ing communication, which is sufficiently
answered in the above statement:
SAVANNAH, GA, September S.-Editor
Morning Net0s: In this mornings issue Of
your paper there is an article headed "The
result of woman's quarrel" which does
great injustice to Moses Banks. Banks is
represented as "desperadon and a would
be murderer. The truth is that Moses Banks
is quiet, amiable person, who strictly at
tends to his own business. He has been In
my employ for eight years, and | have
always found him quiet, sober and indus
trious.
From what l can learn, the wife of
James Habersham was very abusive to both
Banks and his wife at Montgomery, on
Sunday afternoon, the 18th ult, using the
vilest language to them, and going so far
as to strike Banks, he in return slapping
her.
After this "woman's quarrel" he returned
to my place, and was milking one of my
COWS, when James Habersham came into
nv lot "a thing he was forbidden to do),
and made an attack on Banks, saying that
he had come there "either to kill or be
killed" During the fight, Ianks had one
finger badly bitten and one eye nearly
"pouged" out, and In return he cracked
his asssilant's skull with a spade, which
happened to be handy.
This all occurred last Sunday week, and
since then Banks has been quietly attending
to his duties in my employ.
Yesterday afternoon, when | arrived at
Beaulieu station, Banks was there, as usual,
with my horse and wagon. Just then Dep
uty Sheriff Simmons came up and stated to
Banks that he had q warrant to arrest him.
| examined the warrant, and finding 1t in
order told the officer and Banks TO get into
my wagon with me and go to my place so
that he could get what was necessary to
make him comfortable while under arrest.
The Deputy Sheriff agreed to this. and
afterwards took his prisoner into
town by the afternoon train. The
officer did his duty without any un-
necessary fuss, and Banks quietly submitted
without any thought of running. There
was no occasion to display "great Yigor' in
s'pursuit Of him. nor were any handouts
used, either there or going into town.
Banks has never ''defed" arrest, and
could easily have avoided the officers OF the
law, as he has had ten days Of liberty since
the unfortunate affair. All he desires is
fair trial. AS said, others who know the
particulars are satisfied that the moral
responsibility of James Habersham's inju-
ries rests with other parties.
This much | beg to say In justice to
man about to be legally tried on the grave
charge OF 'iassaait with intent to murder"
And again repeat that the article in your
paper to- day does the accused great injus-
tice, and the information upon which 1t Is
based is untrue.
Yours very truly,
A. H. HARTRIpdE.