The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1875-07-31
MAYOR JOHNSTON IMPEACHMENT CASE
The Rollwagen Motion Consid-
cred.

The petition of Casper Kelar and George
Schlee, asking that Mayor Johnston be re-
moved from Office on the grounds Of misfeas-
ance and malfeasance, came up for hearing
before Judge Matson in the Probate Court this
morning.
The petition of Louis Rollwagen that mis-
| name be stricken from the indors ement of the
said petition for the Impeachment Of Mayor
Johnston first came up for consideration. Mr..
Higley opened the case by stating its purpose,
| and then added that this complaint, according
to the statute, requires that it shall be indorsed
by the signatures of four citizens. -.
Among them appears Louis Rollwagen, with
motion that his name be stricken from the
list, on the ground that he misapDrehended the
OBJECT of the paper which he signed.
TO this the following affidavit was SUBJ
Joined: Louis Rollwagen, being sworn, states
In this-proceeding was obtained by the.
Representations that the paper which he
signed was mere matter of form, nothing
more; that it would be to apply for the
appointment OF q policeman; that he was not
acquainted with the facts stated In said COM Z
plant and not able to prove the same; that il
he had known that the object OF the Complaint
was to impeach the Mayor he never wyuld have
signed it.
He further stated that he did not know that
the effect or object of his signature was to ap.
prove proceeding for impeaenment; that he
not when he signed said paper, nor did before. )
Afilant says further that his knowledge Of
the English language was so Imperfect that he
never understood what he signed, that the pa
per was never properly explained to him, and .
that its object was misrepresented to him by 7
cJncealment of the facts. Gitsi 78e
After the affidavit had been read Mr.. Highly :
subjoined that he would put Mr. Rollwagem on :
the wi stand. MIR. Isaac Miller attorney
for til. plaintiffs in the pet ton, objected to this
proceeding. s
Mr.. Strong then arose and stated that, as /,
City Solicitor, he was here In Obedience to a
case and conduct its prosecution, and In that
light he obj cted to 1r. Miller as attorney on
the side of the complainant a.44 a.
The matter was submitted to the Court who
held that according to the statute tie solicitor
alone had right to 'condaet the prosecution of (;
the case. Mr.. Miller then took exceptions to
the Courts ruling and retired.
The matter OF Rellwagen's motive was taken
up, and the affiiavits Of William Guentsch,
Ell. Massey and Ed. Adlcta were read in
response. to that of Mr.. Rollwagens. In them
was deposed that Mr.. Rollwag4n Knew when
he was signing. when he PLACED his signature
to the complaint, that he was thoroughly con-
versant with the Engi sh languase and that
the subject Of Uhe complaint was clearly cx.
planned to him.
Mr.. Warrington and Jordan then submitted
the following motion. Now comes g. w. Z.
j Johnston, Mayor, by his asto' neys, AMI moves
the Court to dismiss the conlAlaint herein for
the reason that sad eonl liiaint is not now ap-
proved By four electors Or citizens OF Cincin-
natl other tina, compartments.
Paxton a. Warrington, anu Jordan, Jordan Il
Williams, counsel for Respondent. After the
motion was read, the Court took a recess for
half an hour when the argument will COM
will be CT anted, and the complaint against
Mayor Johnston be dismissed. i4f