The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-08-12
ARRESTED HIM FOR ISLANDER.
HENRY Bitch GIVES NOTICE OF
SUIT AGAINST JUSTICE NELSON.

Claims That the Magistrate of the
Sixth District Had Him Arrested
for a Crime That Is Unknown to
the Statute BOOk-He Was Charg-
ed with SANDER and Compelled
to Give Bond for HIS Appearance
at a Preliminary Investigation
and Finally for His Appearance in
the City Court-The Magistrate Re-
fused to Listen to Argument or
Advice.
A legal document which indicates, If the
statements it contains are true a rather
lax administration of the law in certain
quarters of this county, was filed in the
Office of the clerk of the City Court on
yesterday. 1t is directed to w. II. Nelson,
justice of the peace for the Sixth District.
The document was filed by Mr.. R. ].
Travis, on behalf of Henry Bitch, and is
in the nature of a notice to Magistrate
Nelson of the compliments intention to
institute suit for damages against him.
In giving this notice il complies with the
provisions of the code, regulating the in
stitution and prosecution of an action for
damages against judicial officer for his
malfeasance. In effect Bitch charges
that Nelson had him arrested on a war;
rant based upon an alleged crime that is
not comprised within the criminal code eff
the state, compelled him to give bond to
answer for his appearance on various oc-
casions and subjected him in other ways
to indiginity, annoyance and wrong.
Bitch charges that on May Is, of the
present year, Nelson issued a criminal
warrant for his arrest. charging him with
having committed the offense of Islander.
The offense is alleged to have consisted
in Bitch saying of John Bailey that the
latter had stolen anchor.
There is no section of the code of the
state which makes of SANDER a crime pun
ishable by the nf1iction of fine or i'm
prisonment, though of course 1t Is civil
wrong for which the offender If he is in
a position to do so, may be made to re-
spond in damages. The notice to Nelson
which has been filed in the City Court
recites that during all Of the pre- -ent year
he has been a justice of the peace of the
county and has been furnished by the
state with a copy of the code He knew
or ought to have known, the notice con-
tinues, that there was no such crime
as that for which he caused the arrest of
Bitch, on May 10, and if he did not know
it before he issued the warrant he could
easily have acquainted himself with the
law or lack of law on the subject by a
casual inspection of the code he is sup
posed 10 keep in his possession.
Bitch. then, was arrested, and to avoid
going to Jail was compelled to give bond
for his appearance before the magistrate
he If
ton. Nelson charged him So for drawing
and witnessing the execution of the bond
he compelled him TO give.
The preliminary investigation was set
for date in June, and again in July, but
it was never held. For one reason or an
other it was postponed in each instance,
and finally, to avoid the humiliation of
standing trial before Nelson, Bitch was
compelled to give a second bond to an
swer for his appearance in the City
Court. Nelson told him that he would be
turned over to the City Court anyhow,
so Bitch AYERS in the notice, and he gave
the bond because of this candid assurance
of the magistrates intention.
In the meantime, it is further
averred. Nelson had been frequent
ly told by Bitch and his coun-
sci, Mr.. Travis, that he was acting
without any authority of law and that adj
hitting the truth of the charge made in
the warrant against Bitch, he had yet
committed no crime for which he was
amenabe to punishment in the courts. To
these represent tions, it is stated, Nelson
turned a perfectly deaf ear, asserting that
he knew what he was doing and that un-
less Bitch gave the bond required he
would send him to Jail.
1t is scarcely possible to believe, says
the notice. that the magistrate could have
been unaware of the fact that there is no
legal justification for the course he was
pursuing, but if the ignorance did reach
this stage his false impression might have
been corrected by an inspection of his code
or by a simple application to any lawyer
who was acquainted with the laws first
principles. He was put on notice that he
was not acting legally and that he after
wards both failed to satisfy himself of
the law on the subject and refused TO
change his course is alleged to have con-
stituted the grossest infringement on the
personal rights of the complainant
For the various wrongs and indignities
he claims to have suffered at the hands
of the magistrate, Bitch gives him notice
he intends to institute suit for dam
ages, in the sum of S., 900. Because of the
nature of these wrongs he considers it
right that the magistrate should be made
to suffer in punitive or exemplary dam
ages, as well as mulcted for the actual in
jury he caused.
Your best friend can give no better ad-
,,foa tbao ssIyor immune l,Ia1a