The Fairfield News And Herald

LEGALITY OF ARREST BY TELEGRAM

The answer in the very interesting case of Mr. J. G. Pope against Mr. Wingfield W. Higbe was filed to-day by Col. John T. Rhett, Mr. Higbe's Attorney. The summons and complaint of Obear, Douglass and McDonald have already been published in the News and Courier. Apart from the $15,000 damages involved in the case the proceedings and the result will be heard and received with interest, because the complaint covers a legal issue on which there has not been a decision by the Supreme Court. The following are the important paragraphs of the answer:

1. The defendant W. W. Higbe, by John T. Rhett, his attorney, answering the complaint herein, denies each and every allegation thereof except that, as chief police, he did arrest and detain for a short time the plaintiff.

2. For a further defence to said action the defendant alleges that he did arrest the plaintiff on a receipt of a telegram from the chief of police of the city of Augusta, Georgia, requesting his arrest and charging him with a serious crime, which telegram was shown to the plaintiff on his arrest. That the same was done without malice and on probable cause. That the plaintiff waived requisition and voluntarily returned to Augusta, Georgia.

3. That his action therein was courteous, and caused no damage either to the person, character or credit of the plaintiff.

Wherefore the defendant prays, etc.

Sworn to by W. W. Higbee.—News and Courier.