The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-02-16
LIKELY TO BE OUSTED.
THE GRAND JURY INDICrs MAGIs-
TRATE PAUL KELLY.

The Eighth Districts Colored Justice
ofthe Peace to answer the Charge of
Malfeasence In Cfice - Kelly Ar
rested, But Gives Bond and is Re
leased - An Investigation Begun
Which Is Expected to Create a Va
cancy on the Magisterial Bench.
Paul Kelly, colored justice Of the peace
on the Ogeechee road, who was indicted by
the superior court grand jury night before
last for malfeasance in Office, was arrested
yesterday morning by deputy sheriff, and
after many truitless efforts finally found &
bondsman and was released from custody.
1t is understood that Kelly awaited him
self Of the privilege Of being present with
his witnesses in the grand jury room, aud
yet the testimony was held to justify a spa
cial presentment. Under the law the grand
jury may, in its general prssentment, sus-
pend the accused from Office until the deter
mination Of the case against him.
THE INSIDE OF THE MATTER.
1t is alleged that Kelly obtained from q
sal lonkeeper by the name of Kuck, on
West Broad street, $25, in the settlement
,
court for selling liquor on Sunday. and it
IS said that Kelly tried to get $50, but
finally COMPROMISED 0 $25.
Or the S25 it is SAID Kelly's constable
Lymus Green, was paid SIS by the justice,
d the negro Williams VINO swore out tae
warrant in Kelly's court got nothing.
Williams OBJ ayed his subpoena to appear on
the morning that preliminary examina-
ton was to have be5i given Kuck, and
when he reached Kelly's Office he says that
Kelly and Kuck were in the back yard in
close conversation and directly aiterward
kuck got in his buggy and drove back to
the city.
ORDERED BIN OUT OF THE OFFICE.
Williams says that when he asked Kelly
when the case would come OFF that Kelly
told him to get out of the office, as the
matter had been settled, and that Williams
not having appeared in time, Kuck had
been discharged Kelly. it apJ ears. gave
Williams no part of the money, and the
witness CO ne to the city and exposed the
affair. Williams is the negro who was sent
t. Jail for five days by Judge Harden last
Monday for contempt of court.
1t is understood that Williams was not
called before the grand Try, owing to his
maladorOus reputation for veracitY, but
that Kuck admitted that he had compro-
missed the matter with Kelly, and another
reputable white witness is said to haYe
testified to the fact before the grand jury.
KELLY's STORY OF THE $25.
Kelly denies that the money was in
settlement Of the charge on his docket. and
claims that the money received from Kuck,
was for drawing bonds, and that the ac-
cused was Iii charged because there was no
prosecuting witness against him.
The prosecution had suspic Gus appear
ancs upon its face. It is an unusual pro-
cedure for county justice to issue war
rants against residents of the city, for vlo-
lations of law in tie city, aud in the Kuck
case negro CO stable was sent to arrest
Kuck, and the charge of obsrructing legal
process was also put against kuck, because
he stayed Zoo long il his loom getting
ready to accompany the officer, and when
his barkeeper Objecte1 to the officers going
behind the bar to follow Kuck into the
room, Ike charge was brought against
the barkeeper, and Mrs. Kuck having ex-
pressed some indignation at the unusual
proceeding, a charge Of obstructing legal
process was also made against her, and
Kelly issued warrants in each case.
THE GRAND JURY SAW THROUGH IT.
As the legal charge for drawing the bonds
in all these cases would not nave amounted
to half of S25, The direc5 testimony against
Kuck, compiled with the circums tantial
evidence, led Solicitor General Fraser to
bring the matter before the grand jury,
and the indictment followed.
The grand jury will make its general
presentment next Friday, and it is possible
that the suspension Of Justice Kelly, pend
ing the trial of his case, will be recon-
mended.
MalfeaSance in Office is, upon conviction
punishable by fine or Imprisonment in the
county Jail, or both, at the discretion of the
court. and removal from Office. The pen
atty is such as is prescribed in misdemeanors,
"a fine not to exceed 81, 900, Imprisonment
not to exceed six months, to ~ ork in a chain
gang Oh the public roads not to exceed two
months, and any one or more of these pun
ishments may be ordered in the discretion of
the Judge"
HOW KELLY GOT INTO OFFICE.
Paul Kelly got the Office Of magistrate
aftera legal contest. Justice Fountain claim
ing that he held the Office bv appointment
for the full term, having been appointed to
fill vacancy, declined to run for the Office
or to have anything to d. with the election,
but Kelly got lot of colored men from
the o seechee to come out and vote for him,
aud in the legal CONSIST Justice Fountain
lost and Kelly given the commission.
The contest was the subject
OF publication. ard attracted
co nsiderable interest at the time, as Justice
Fountains commission on its face entitled
him to serve for a period beyond the time
when Justice Sheftalrs term Of office would
have expired, he having been appointed to
the vacancy occasioned by Sneftall alb
scondIng to avoid proc edings which were
about to be brought against him before the
grand jury by Hon. F. G.. duBignon, who
was at that time solicitor ge ieral.