Evening journal., 1903-12-16
MAGISTRATE HOLLIS
FULLY STATES HIS CASE
IN THE LETTER SENT TO THE LEVY
COURT He ASKS FOR A CHANGE TO
DEFEND HIMSELF AGAINST COMP
TROLLER KELLYS STATEMENT


from the fact Of the large number Of
defendants in this matter. all the rest
Of whom We're arrested and were before
me. and the error as to Mayne may
have occurred from confusion of
names
The fourth charge against me is that
II have used criminal process for the
nforcerent of civil rights
As TO this charge ] desire 20 state that
in the testimony produced before the
omptroller there is not single scrap of
violence to Justify this charge. In fact
here Is no evidence against me in the
estmony taken by the comptroller which
ven hints at this charge and / can say
With all confidence that the charge It,
'ef as absolutely false and ! have done
10 such thing since | have been in office.
rhe charge as made against me by the
comptroller is absolutely unjustined and
dnjuatiable
The 9th charge is that used the Grim
nal process for the collection of debts
nd that when such debts were collected,
he criminal charge was dropped and the
'osts charged against the county.
In relation to this charge against me I
iesire to state THAT in the testimony pro-
luced by the comptroller there is not the
lighteat scrap of evidence TO substameialte
he said charge and in fact there IS no
violence whatever referring TO me in
yhicn this charge is limited at.s have
ever done THE thing charged since
have he'd the office of justice Of the peace
md the charge as made by the comptrol-
er is absolutely unjustihed and unjusu-
liable.
fssfh .rIsn
missed criminal cases which were brought
before me and charged the costs. of che
iame against the county when in fact
lad required the defendant or defendants
n such cases TO pay the costs Of a "nne."
The only evidence to substitute this
iharge against me to be found in the
esdmony taken by the comptroller is
relation to two cases.
one Is the case Of the State VS.. Ayrie
Iooi in reference to whether there was
ONE testimony before the comptroller 70
he effect that I required the defendant to
'ay 10 the constab e the costs amounting
O $3.50. The testimony taken by the
ompuroller did not refer in any degree
the particular case on my hill In which
.yr'e Hood was defendant and In which
made charges against the county AS a
natter Of fact there We're two entirelv4
lifferent cases before r---' asaiis- feAyrle
Hood during the -.s4arter covered by my
,n. In one os..,hese cases Cnot the one re-
erred too In my bin against the county,
"a require Ayrie Hood to pay costs, as
I rad end nave a Legal right TO do under
no law IN certain cases such as this one
was. No costs whatever were ever charged
lgaiast the county IN that case and It IS
not The case referred TO in my bill nor
did d have amy connection with the latter
case. The case referred TO in my bill was
an entirely different one and was on,
which was entirely regular IN every re-
pect and in which the charges made
] lagainst tho county in my bill were en-
tlrcly proper. These facts can be showi
by the papers and records in my office anl
J have no doubt win be admitted by tn
5 defendant herself.
The other case In which there was ties
timony in relation TO this sixth charg
against me is the case Of the State VS.
Harry Fisher. The only evidence produces
IN reference to this case was the state
ment of Harry Fisher himself. It doc
not appear from the record Of the testi
b mony taken by the comptroller tina
Harry Fisher was ever sworn or other
hand VI does appear from the said recor
that he Is q boy thirteen years old who
when ithe examiner started to qualify hir
to testify, stated that he did not kno'
1.-The nature OF an oath or what it mean
20 take an oath to testify, and his state
mont was taken without his ever havn
qualified himself TO testify as a witness
In his statement. however he says tina
-f..l.I
his mother paid me $500. have def
= mite and certain recollectio Of this par
d. lticular case. among other reasons. b,
cause I knew the family Of the prosecu
4 ing witness. Mrs. Hutt. who havin
= dealt with me some years ago and ca
:, lsay and do say emphauca ~ that n,
.e one cent was paid me by tho mother
. this boy or by anybody else in that cas-
! not only say this now but ! did so te
J. tify on oatn when was summoned befol
,e tho comptroller and 80 did Mr.. Jones n
q constable. The comptroller did not a
tempt 10 corroborote the incompatei
,r testimony OF this boy by calling n
In mo.her ami asking her whether or n
re- she did as her son had stated. nor q
at he, in any other manner. corroborate Il
as statement Of this boy. I. therefore. su
ne as against me.
he do not know nor do l have any intc
SIS est IN the position Of the other mag
ed trates In this city with reference TO I
re labove mentioned charges so as aforesa
on made by the comptroller but, 80 far as
vn Jam personally concerned. I respectful
o. submit that the evidence produced by {
m. lcomptroller Gocs not to any substant
Be. degree sustain any OF said charges exec
at the first one. which. as ] sad befo
I'd grew out OF my following an improper a
ie. Irregular custom which heretofore q
nd tained IN this county. and as I contei
tn with the Knowledge and consent Of {
n, comotrouer himself. And I further su
se nit that as TO two Of said charges m,
n Is not the slightest spark of evidence
sustain them OF in reference TO them.
teY The comptroller should have made
OF separate report 20 the Levy Count Up
IN the bll OF each magistrate and constal
u separately aud should have made his
ne porg 20 correspond 10 the facts as sho'
ne BY tha evidence produced before him.
a. was not justified IN throwing al the b
leogether and making n general rcpl
iupon them. You can certainly see that
u- imaa OF honesty and possessing any spl
y can SIX quietly by and permit such chari
y seo BE- made touching his official inieer
y and personal honesty and yol cannot
. surprised that ] take this method OF
tipiying 70 the charges made by the con
~ ltrol er. and call upon YOU 70 examine
= yourselves. lf you have mon already d,
=. 50 the evidence produced bv she compir
-. Ter with respeci TO my bill and now