Telegram-herald., 1888-02-19
SAM. CLAY
he is Cited 10 Appear and
Answer
To Judge Perkins OF the Pro-
bate Court.
The Charges Made Against
The Charges Made Against
Him by Supt. Smith.
Did he Get $500 TO "Nolle
Pros" the Akin Case?
Attorney General Tssgart To whom Gov
ernor Luce Referred the Charges says
an invsstik alton should Follow
lie PILES the Charge. ia the
Probate Court

The petition asking to have him removed
and the charges preferred against Prosecnl-
ing Attorney Samuel D. Clay, by Gen. ]. c.
Smith. were filed in the Probate Court yes
terday by Attorney GcnerAl Tsggart. The
charges are made in writing aud begin by
stating in formal manner that 5. ID. Clay
was elected Prosecuting Attorney oil Kent
county, aud assumed MS official duties
January l, 1887.
The hrst charge is that on a certain day in
October or November, 1882. Clay met the
petitioner and persistently requested
and urged him to allow Messrs. PantliDd
4 Co., OF The Morton House. 10 keep their
bar open and sell Intoxicating liquors later
than j O'Clock in the evening, aud that he
should not, rs superintendent OF Police, en-
force the law against Pantlind K Co.. re-
quiring their bar 10 be closed after that
hour, which request Clay knew to be illegal
and forbiaden by the laws Of the State.
The second charge is that Dr.. Nathan J.
| Akin, of this city, was informed against
and prosecuted crimina.ly in the name OF
the people for msnslsughter, in the Su-
perior Court, where the Prosecut-
I9g Attorney appears in behalf
of the people. That Akin was found
| guilty by the jury before January, 1887, and
appealed the case 10 the Supreme Court.
| where the conviction was set aside and
| new trial ordered. The petitioner was IN
| formed ano believes that, after the cse was
| sent back for new tia and while this
was pending, Clay sought and solicited s
| brlbe therein for his own benefit and
| offered IN consideration OF $500, that the
| prosecution against Akin should be no!le
| pros'd, and dismissed out OF court. TINS
bribe was solicited In September, 1897. That
shout this time Clay solicited tbs sum OF
! $500 from the attorneys aud counsel for
| Akin, telling them Il would take that
amount to induce certain OF the Supervisors
OF Kent county, not TO object 10 the dis
Inissal of the case.
| The third charge is that Clay demanded
briDe OF 5000 from Marsh Byers and Jas.
| &. Forces, ou December ID, al Sweets Ho
| tel, ia order that they might proceed with
| the fight between Fell anu Dian at resort
| near the city, ana that Gay told them that
it would be violation OF the lsw and an
less the $500 was paid the light should not
take place, bat ii IL VAS paid they could
| proceed with the fight. The petition AYERS
| that he mas personally interviewed both
| Byers and Forces ana both have expressed
their willingness 10 testify 10 the above
| facts.
Attached to the charges IS a written docu-
| ment from Governor Luce, stating that be
had received and considered the charges
aud as the party charged was the Prosecut-
| ing Attorney, and therefore the proper
officer TO make an investigation of such
! charges. ana as he was of the opinion thai
such an investigation should be made. he
1 would therefore refer the charges to Attor-
ney General Taggert TO ascertain his opin-
ion as TO whether or not an investigation
should be made.
There is also attached a statement from
Nr. Tsggart, in which be sets
forth that he has read and exam
ined the charges and is o.
the opinion that they are of such a charac
ter a TO demand an investigation. Cover
nor Luce being notified OF the opinion ol
the Attorney General, appoints him and
such other attorneys as ne may select as
assistants. 20 make the inquiry as required
by law.
The papers containing the charges, etc,
were read 10 Prosecuting Attorney Clay yes
terday, and he was notified 10 appear fOT
examination IN the Probate Court, Guesday,
February 2s, at 10 o'clock IN the morning
when witnesses will be produced In support
of the charges made. and at which time
Clay will be given an opportunity to con
tradict or dlsprove the charges.