The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-09-27
NOT GUILTY.
Col. Wood, Detective Ampthauer
and Mr. Linck Acquitted.


and Mr. Linck Acquitted.
Yesterday afternoon Colonel Wood,
Chief of Police, Fred. Ampthauer
and Mr.. Frank. Linck were tried before
'Squire Dossman on an affidavit sworn
to by Andreas Flath, jointly charging
defendants with having by false pre-
| lenses obtained his signature to cer-
titlcate of deposit for 5000 on the Second
National Bank Of Cleveland. The de-
iendants We're represented by Major IL.
Q. Blackburn, the plaintiff by Willard
Mulligan and John Gasser.
The statement of Flath did not materi-
ally differ from that published yesterday,
and is net repeated here. In reference to
the signing Of the paper, about which all
the trouble has been, Detective Amp
thauer testified that about half past 8
O'Clock Friday morning witness was
told by Officer Kushman that the pris-
oner wanted to see him, and wanted to
sign certificate or something. Witness
went down and prisoner said he wanted
TO sign the certificate, 80 that his wife
could get her money, and SO that he
could be released. Witness and the
prisoner then went up into
Col. Wood's office. Col. Wood
took the certificate out of
his desk, unfolded it, held 1t up for q
while, and then laid IT, face down. on
the desk for Flath to sign. Flath wrote
his name and SAID: "Will that dow
Witness said, ''Yes." Flath said twice
that he wanted to sign the certificate OF
deposit, and there could be no misunder-
standing about it. When Col. Wood
took out the paper, he held it up In full
view of Flath, so that all could see its
face, and the signing was voluntary
act on Flath's part. Witness made no
threat, or promise, and did not say it
was discharge; but said that he did
not know what the prosecuting witness
would do. After the signing,
the certificate was given to one
OF the Police Clerks, who
afterward gave it to MIR. Linck,
and took the latter's receipt, knowing
him to be responsible man. About an
hour after the signing, Flath said to wit
ness: ~ guess l ought not to have
signed tnat certificate" Witness told
him that he thought it was best that h.
had signed. The next morning witness
was Informed that the complaining par
ties would not prosecute, and lie had the
prisoner released. He had no thought
Of defrauding, and had no understanding
at all with Col. Wood. He had no un-
derstanding with Mr.. Linck, except that
he was to try to get the money. He did
not take the prisoner before the Police
Court, AMI had no arrangement with the
Prosecuting Attorney for releasing the
prisoners without trial.
Col. Wood testified that he used no
inducements, and authOriza ed no one else
to use any, to get Flath to sign the paper
He only knew that Flath came up with
Ampthauer to sign the certificate. Wit
ness was very busy at the time, and did
not notice particularly the things that
ook place. He took the certificate from
a drawer In his desk, and asked before
he turned it over, "Do you wish to sign
this certifcate" Flath did not under
stand 1t, and Ampthauer put the
question in German, after which
Flalh came over to the desk
to sign. Alter signing he went di-
rectly out, talking In German. He
seemed to be i'll good humor, and the |
signing seemed to be his voluntary act. |
The. certificate, after being indorsed,
vas turned over to Ampthauer, who |
wards it was delivered to Mr., Linck, who |
gave receipt for it. When the cers!ti.
cate was indorsed, witness did not |
know that it was for the prisoners |
wife, but thought that it was. He al
lowed 1t to be delivered to Mr.. Link be-
cause he considered him to be respons- |
no gentleman. No report of the mat
,er was made made ~. in the Police Court Court.
Colonel Wood ha7inE completed his |
the counsel Oh both sides |
agreed to let the case be decided with |
Out argument, and Squire Dossman de- |
cided that the charge of false pretenses
was not sustained by the testimony. but
that the defendants acted against the
law in releasing the prisoner without
trial. Colonel Wood had undoubtedly
meant we'll, as it was desired to avoid
noteriety; but that the action made a
bad impression on the public.