The New York herald., 1872-10-19
The Accused Held to Answer Refusal
''@ Il to Settle" the Cases. p


secute some one for the sake Of persecution rather
than to clear up the rumors Of election frauds.I
With this theory gave the statements Of the ceua1
mitting magistrate and DIR. Muhrlenberg. The seu-
sation caused among the Rip Van Wrinkles Of tho
town was immediate, and has served as o subject
OF gossip since. The charges Of issuing fraud3
ulent naturalization papers alleged against Elias
McMellen and John Witlinger, w., the former q
member Of Select Councils and the latter cigaN
maker, and not q banker, as Incorrectly stated in
the general press dispatches last night, are Of a
very serious nature. The case presents none Of
the elements OF political buffoonery, 30 fhr as
have been able to ascertain, but on the other hand
has been started with an evident intention on the
part Of those most interested to push it to the wall
*t8 MR.. M'MELLEN, o. kfo.o . e !,
through his counsel, endeavored to settle his case
yesterday, but without avail. It win be seen that
the naturalization papers on which the men voted
were supposed to emanate from the Court Of QUAR-
ter Sessions in Philadelphia in the regular nanne1
are fraudulent Il win show conclusively that otkera
besides Randall and Mcclure were in Che business.
The following are the afidavits:-- fNa aNN{af
Lancaster citv ss. Before me, Frederick g. Pyfery
Mayor In and for said city, personally appeared
to law, deposes and says that John Witlinger, Jf3
did some time before the late election como 70 YOU'D
and place Of birth, and whether he was nstursi1
lied or not; that your deponent told himf
four years ago that said witlinger then asked
your deponent to vote the republican ticket. td
Witlinger then replied that he would ges the natu
says that on the day OF election, the sth day Of
October, 1872, said Witlinger came to the shon
a
had no naturalization papers; that said WitlingeN
ALL THE NECESSARY PAPERS IN HIS POCKET. i
That your deponent then stepped into the care
riage with said wtlinger, and while on their way
lnger's) pocket a paper and handed him natuj
ralization paper, Stating that here is MS paper
It "a At e po
says that he, thinking the paper was all right, did
50 use # at the polls that since ne has found ou9
purports to have been issued by the Court Of
Quarter Sessions Of the city and county Of Philade
in said Court nor in any Court; that said naturai@
zatlon paper was fraudulently Issued for tne purt
iraudulentiy handed It to him for the purpose q
being 80 used on the day Of slsSion; nm acuu,nr
sworn ana subscribed October II, ls72GFRzD. 8.
4 -'' 80 AfTIDAv1r OF ronrusArus rRsx .
Mayor, personally appeared Fortunatus ]. lfeys
who being duly sworn ascosdng ,s 70 law dsPosss
sa h aSy
Obtained nom your deponent his declaration q
Intention Of becoming Q citizen OF the United
naturalization papers and furnish the some @ him.
That on the sth day OF October, a. D. Isga. said
zation paper, which purports 70 have been tsned
by the Court ot Quarter Sessions Of the CITY and
e Sssn mS IL s
admitted to be 3 citizen Of the United States
Your deponent further saith that said certificate ol
NArCRALIzAT1ON WAS FRAuDULENTLY FURNISHED
him for the purpose OF being ffau0ulently used
that your deponent was not examined and swor1
quSrter Sessions of the Peace II aud for the city
Yhiladelphfa; that ne never was sworn IN any
e Hssn os sss on e ss m
was handed 70 him on the dax 2, ssSflc9 vpry
Sworn and subecribed before me, this issh day
OF october, le72-FRED. 8. PYFBR, Mayor hogeg
f,ils + ROUGH COURT sCENE-Ho SURRENDER.
when McMellen's counsel appeared before the
Mayor to effect a settlement and Withdrawal Of the
charge very lively scene transpired. shortly be3
fore noon George r. Brenemano appeared before
Mayor Pyfer as private counsel FOR MCMellsn. Hd
was accompanied sy FCstanatu7 Frey tns you%n
sreneman lsTs % remarked tSss u: Frey spPsarea for
ssis thH ParRHtiie Pauestion u ''s ' 'NN''' - ''s'
'''i M Frey, do you not desire to Withdrew ths
Mr. Mr. Frey-I do not object to having IT setslsds
I. THE SUIT CANNOT BE WITHDRAWN.
mayor Pyier-Tne SUIT cannot De WllnaraWn, 8en~
tlemen; rs misdemeancr Of such . character
N Mr. sfsns@sn- 80 you refuse, DO you, wen,
Court Mr.. Frey declares he is not tine prcsecuto1
and does not want to have anything 20 do with it 4
Are you going to be the public prosecutors
prosecutor. Have no fears about that, sir.
Mr.. Breneman-I should like to see the declara-i
tion. Document handed TO him. Now, ! should
ike to see the alleged fraudulent paper.
Mayor Pyfer-That you cannot see until the
Mr.. Breneman-How am I, to make defenceJ
without its Have not right to see the corpus
cn DEMAND 1T, SIR,
and II refused brand this whole AFFAIR % mock
kayor Pyfer-l answer, once and for all you can-v
not see It. II the District Attorney orders that You
shall see u ws and Il. ~ 70
~ NO MORE OF YOUR INsoLENCE, En2 4
talking about mockery Of justice and OH that. Re-
collect SIR, tins is Court. 49 et 1h&E 4s4Y4s
Mr. Breneman-I know IL, sir. s1eos4
Mayor Pyfer-Then conduct yourself acccord1
ingly. You should know, too, II you understand
status whatever In this Court save by the courtesy
OF the Magistrate. We could at preliminary hear
ings exclude all lawyers II we choose. ,tNf
Mr.. Breneman-I beg your pardon, str; a4a
INFANT NO INSULT N EzsiENHE1
Then you persist In refusing to show me tha
fraudulent paper, and also in refusing 70 allow Mr..
Mayor Pyfer-Thc complaint In tins case ID OF too
serious character to be Withdrawn. OF course,
SUSTAIN me caarae the u % pe f
any other under similar circumstances. ~.
All this goes to show with what partisan btter-
the other hand. threaten some exposures within a
few days that viii cause the liberals and democrnta
to wish they had never meddlcd witn s!e mmd9
very high, and every one stands with bated bFeathp
In daily expectation OF the gravest deveiopmentss
sN8 H HELD TO ANswnR. LEY ~
and heM Nall hoN cfu