The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-06-29

Upon the petition OF Rev. B. Bitch,
presented yesterday, Judge E. D. Beggs
Of the court of record, yesterday issued
an alternative writ Of mandarnus di-
rected to Judge R. L Nicholson, justice
Of the peace of this district, in which
he is called upon to show cause on
Saturday morning at 10 o'clock why he
has refused to issue a warrant for the
arrest of Jno. G. oliver after an affl
davit had been made by Mr.. Bitch
charging Mr.. Oliver with violating the
state laws by participating in a game
of baseball last Sunday. The witnesses
whom the minister says saw the party
participating in the game are Jno. P.
Stokes, Scott NJ. Loftin, ]. F. Davis,
G. P. Bobe, A. S. Kelly and Elliott Nc
Closkey.
The issuance of the writ came as no
surprise, as Mr.. Morey, attorney for
the ministers, announced Monday that
he would make application for a writ
before the end of the week. It seems
from the petition that application had
previously been made to Judge Bel
linger for warrant and that he also
had refused.
Mr.. oliver will be represented in the
proceedings by Kirke Monroe and
Reeves & Watson.
The petition and order Of the court
are as follows:
The State of Florida to r. L. Nick
elsen, justice of the peace, Second dis
trict, Escambia county, Florida, greet
ing:
Whereas, on the 2Sth day Of June,
A. D. 1911 there was filed and pre-
sented to our court of record in and for
Escambia county, Florida, a petition
praying for a writ of mandRmus,
which petition is in words and figures
following, o-wit:
In the Court of Record I'm and for
Escambia county, State of Florida
Bitch, VS.. r. L. Nickelsen, justice of
the peace in and for the Second dis
trict, EScambia county, Florida
To the Honorable E. D. Beggs, judge
Of the court of record in and for Es-
Gambia county, state of Florida:
The petition of b. Bitch, by his at
torney, Manlius E. Morey, respectfully
shows unto your honor that your petit
toner was, on the 26th day of June,
A. D. 1911, and still is, a citizen of the
state of Florida, residing in the Sec
ond district of the county of Escambia,
and as such citizen had the legal right,
for the purpose of maintaining public
order, to appear personally before the
justice of the peace in and for said
county and district and make a COM
plant upon his affidavit that an Of
fense against the laws of the state of
Florida had been committed within the
district of said justice of the peace,
and to demand that a warrant be is
sued for the arrest of the offender:
That your petitioner, on the 26th
day of June, A. D. 1911, personally ap-
peared before the said respondent, R.
L. Nickelsen, justice of the peace in
and for said Second district of Escam-
bia county, state of Florida, and made
and filed with said justice of the peace
the following affidavit, to-wit:
In Justices Court, Second District,
Escambia County, State of Florida
State of Florida, Escambia County,
Second District
Before the subscriber, a Justice of
the peace in and for said county, per-
sonally came B. Bitch, who, being duly
sworn, says that one John G.. Oliver,
on Sunday, the 25th day OF June, A. D.
1911, in the county and district afore-
said did engage in game of sport,
to-wit: baseball, contrary to the statute
in such case made and provided.
(Signed) B. BITCH.
Sworn to and subscribed before me
this 26th day of June, A. D. 1911.
(Signed) r. L. NICKELSEN,
Justice Of the Peace
and that on said affidavit there was the
(Continued on Third Pazol