The Savannah morning news., 1900-08-16
SAYS CHARGES ARE FALSE.
JUSTICE NELSON REPUDIATES AL
LEGATIONS OF MALFEAsANCE.

Notice of an Intended Suit for Dan
uCes Was Recently Filed Against
the Magistrate i'm the City Court
on Behalf of Henry Blitch-BIitch
CInimed He Had Been Arrested ON
a Warrant Issued by the Magis-
trate Charging Him With SANDER,
which Is Not a Crime Under the
Laws of the state-Justice Nelson
Declares That This Never Happen
ed.
Justice w. H. Nelson, of the Sixth Dis
trict, against whom notice of suit for
damages in the sum of $1,000, for malfeas-
ance in the discharge of his judicial du-
lies. was recently filed in the City Court
stated to a Morning News reporter yes
terday that the charges brought against
him are untrue and without more than "a
bare foundation, even, in fact.
The notice of the suit was filed by Mr.
Robert ]. Travis, on behalf of Henry
Bitch Bitch claimed that the magis-
trate had issued warrant for his arrest
and that he had bsen arrested thereun-
der. the warrant charging him with the
commission of the offense of SANDER. AS
stated by Bitch the SANDER consisted in
his having said of John Bailey, chat he
had stolen an anchor" and in his notice
TO the magis rate, that was filed in court
he ass rted that the magistrate had caus-
ed his arrest on this alleged criminal
charge. The burden of his complaint was
that there was no crime known SIAN
der on the statute books of the state,
and that his arrest under a warrant
charging the commission of an imaginary
crime was wrongful, tortious and in vio-
lation of his personal rights and liber-
ties.
AS the case is stated by the magistrate
il is clear that Bitch has no real com
plaint to make Justice Nelson says that
there was some dispute between Bitch
and Bailey as to the ownership of an
anchor, which resulted in considerable bad
feeling between the two men. The feel
ing was aggravated when Bitch went
about the country stating to various per-
sons that Bailey had stolen the anchir
AT the request of the man against whom
this charge was being made, Justice Mel
son says he issued warrant for the ar
rest of Bitch, on a charge of breach OF
good behavior, the breach alleged being
specified in the warrant as the slauderous
charges that Bitch was making against
Bailey. In the opinion of the magistrate
these charges, if untrue, were certainly
breach of good behavior and II persist
ed in by the man who was making them
we're very likely to result in a breach of
the peace 1t was the breach of good
behavior, and not SANDER for which the
warrant was issued and Bitch arrested.
Following the usual process in such
cases, the magistrate, when Bitch was
arrested, required him TO give bond to ap-
pear at a preliminary investigation, where
it could be determined whether or not it
was proper that he should give a perma-
nent bond conditioned that he should not
commit further breaches of good behavior
of the peace.
This preliminary investigation was set
for the June court day of the magistrate,
but at this time the counsel for Bailey
was una ole 10 be present and the hearing
was continued until the next court day,
that of July. To this course. according
10 the understanding of the magistrate,
Bitch made no objection.
Before the July court day Bitch came
to the Office of the magistrate told him
that he desired to waive the preliminary
investigation and rendered a bond for
his appearance in the City Court to ans
wer the charges that had been preferred
against him. This course satisfac
tory to Justice Nelson and he received
the bond that Bitch handed him, with
out any very careful examination or in
spection. He discovered afterwards that
il was for Blitchs appearance to answer
in the City Court a charge of SANDER,
charge which had not been preferred in
the original warrant that tine magistrate
issued, nor in the bond chat he had taken
for the appearance of the defendant at
che preliminary investigation.
Magistrate Nelson says he is quite will
ing to have the entire transaction invesu-
gated and examined, as he is confident
that no just ground of criticism could be
found in his actions. He is at a loss
to understand he said why the bond that
had been rendered him for the appearance
of Bitch in the City Court had been made
for the offense of SANDER, unless it were
that Bitch or his counsel wished to en-
trap him into some step that would lay
the foundation of a suit for damages. No
paper that had ever been prepared in
his office had charged the defendant with
the commission of this imaginary crime.
The warrant was good behavior war
rant and the bond a good behavior bond
purely and simply.
1t appears that the magistrate makes
practically nothing out of his office, and
that he holds it, as he has for many
years, by the almost unanimous consent
OF the citizens of his district. He feels
aggreved at the charges that have been
brought against him, and requests his
friends and the public to await the issue
of the case. He is assured that the YER
dict of the jury, as well as the verdict
of the public, will amply vindicate every
thing he has done in the matter.