Evening journal., 1899-06-12

The issue OF twelve warrants during
the past week. for the same alleged Of
fense. by Magistrate Kelley for the ar
rest OF the editor Of the Evening Jour-
nal, on charges Of criminal Libel. pre-
ferred by Peter J. Fond, and the bias and
prejudice against the defendant, shown
by Magistrate Kelley throughout the
whole proceedings, lead up to the ques-
ton: Where Is the boasied freedom Of
the press guaranteed by The COnstitu-
tion. when THE very wide discretion given
lthe Justices of the peace can be used by
unprinc.pled men to arrest an editor on
any old charge and make HIM give bail
or go TO jail?"
The action OF Magistrate Kelley during
the past week has been most reprehensi-
BILE. and shows him TO be an utterly unfit
man for the very responsible position he
holds, and his action IS a distinct menace
10 the freedom Of the press.
On last Monday afternoon Charles w.
Edwards was first arrested on three war
ranks sworn out by Peter J. Fond, ct ai.,
and, waiving a hearing was held in 81 400
bail for his appearance at the Court OF
General Sessions in September, Lewis C.
Vandegrift becoming surety for appear
ance.
on Tuesday forenoon Mr.. Edwards
learncd THAT there was another warrant
at KeIey's court and, securing Samuel
w. jackson as a surety for appearance,
proceeded to Magistrate Kelley's and
said: esquire. / understand that you
want me?" To which Kelley replied;
YES; Hurlock is out looking for you."
Mr.. Edwards presented Mr. jackson as
surety and the magistrate accepted him,
making the bond $500 as I'm each Of the
three prior cases. Mr.. Edwards then
said: Mr.. Kelley. If this is to continue
from day to day It will hardly be neces-
sary for constable to run about town
looking for me in this hot wea ther. Sup
pose / report here every day?" Magis-
trate Kelley replied: ''rhat will be sat
fsfactory to me-. Mr.. Edwards asked;
"At what timer The magistrate an
swered: Make it about IL o'clock" Mr..
Edwards then said: Squire, then the
understanding Is That 1 shall come here
at Ii O'Clock every day and If there is
ANYTHING here for me ] wiz have a
chance to take care Of g.; if there is
nothing here things will remain in statu
quo until II O'Clock the next day?" To
which Magistrate Kelley replied: THAT
is the agreement"
AT about O'Clock the same day Peter
]. Ford swore out two more warrants
| like the four previous Ones. Those war
rants lay in Keley's office and were not
served until about O'Clock at night
when Mr.. Edwards, who had been only
ait his office and at the Clayton House
within easy call was taken before Kel-
ley. who held him for appearance IN ST.
600 bail. John Sayers becoming surety
Mr.. Edwards then said: ''Mr. Kelley, was
It mot understood and agreed between us
this forenoon that I should report here
at Ii O'Clock each day to answer any
charges THAT might be preferred after
that hour and thalt everything should
hang fire from day to day until Il
o'clock?" Magistrate Kelley repied witt
a smile: ION, that agreement was not in
writing"
on Wednesday afternoon Mr. Edward.
was again arrested ON two more war
rants like the previous six and agair
held for appearance in $1,000, William b
Clerk becoming his surety.
Now comes an interesting episode. Oh
Thursday Mr.. Clerk was informed tina
Lewis c. Vandigrift had released himself
as Edwards surety and had Withdrawn
from all cases in which he had beer
interested as counsel for Mr.. Edwards
This was given out, evidently, to scar'
Mr.. Clerk off Of Mr. Edwards bond an'
TO keep Mr.. Clerk from going on any
thing further as surety for Mr.. Edwards
appearance. Mr.. Clerk promptly called NJ
Mr.. Vandegrift on the phone and asked
'Ndr Vandegrift are you on Mr.. Ed
wards bond for appearance in thes
Ford cases?" Mr.. Vandegrft replied
Il am: 1 am on three Of Them" MI
Clerk then asked: Are you still comse
for Mr.. l5dwards?" The answe
was: Il am" Mr.. Clerk then asSei
'gThen you haven't Withdrawn from
those cases in which you have been act
ing as Mr.. Edwards counsei?' The an
swer was: "I have not" The result O
this was that on Thursday evening whe
Mr. Edwards was informed that ther
were two more warrants at Kelley's, MI
hOerk agreed TO again become surety, an
repaired with Mr.. Edwards to Kelley
court Of injustice.
Before 10 o'clock on Thursday mornin
! Mr.. Edwards had sworn out warrar
before Kelley for the arrest Of Frank