Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-21

Capps Filed, and Prosecuting At
torney Meyer Submitted His Re-
joinder to the Statements Of the
Defendants-The Affidavit of Mr..
MCKINLEY Reprinted, That tn e
Public May Have the Whole Mat
ter in Concise Form.
In the Criminal Court, Judge HUI
gus, yesterday morning, Mr. Howard,
counsel for Andrew Mckinley, sub
mitted an additional affidavit from
Mr.. Albert Capps, supplemental to
Mr.. McGinley's affidavit, filed some
days ago. Prosecuting Attorney
Meyer also submitted his own aft
davlt, controverting the statements
OF the other gentlemen. The Register
printed Mr.. McGinley's affidavit Tues
day morning last, but it is here re-
printed, with the others, that the
reading public may have the whole
matter together and contrast the two
differing statements. The matter has
been taken under advisement by the
Court.
IIClC al tuc SldteuGutS.
Yesterday the affidavits of Albert
Capps and CT Prosecuting Attorney w.
G. Meyer, in the Mckinley case, were
filed. For the sake of presenting the
sworn statements in this matter to the
public together the affidavit of Mr.. Nc
Ginley, submitted to the Court Mon
day, is here republished with those
filed yesterday:
MIR. M'GINLEY'S AFFIDAVIT.
'This 10th day of October, 1897, per-
sonally appeared before the under
signed authority, Andrew Mckinley
the above named defendant, who being
by me first duly sworn, says on his
oath: 1t is not true that l at any
time appeared in the said Court and
entered pleas of guilty in said cases;
it is not true that l at any time or
place ever authorized w. c. Meyer
Prosecuting Attorney of said county
or any other attorney or person to ap-
pear in said Court and plead guilty for
men in said cases. All the facts on
this subject are as follows:
Soon after the said indictments
were found l had conversation with
w. G. Meyer, in his Office, in which he
proposed that he would throw off nine
OF the said seventeen indictments
pending against me if I would plead
guilty to the others, that is, he would
dismiss six indictments which were
for Sunday selling and three of those
for selling on short license I did
not agree to his proposition, but mace
an appointment to see him again about
it on the following Saturday. On that
day | was sick and Albert Capps, nv
bartender, kept the appointment with
Mr.. Meyer, and reported to me th4,
Mr.. Meyer would throw off one more
than he first proposed if I would plead
guilty to the remaining seven indict-
rrr"rt-- r enit1 not accept this lyst pro-
posal, but was to see Mr.. Meyer on
the following Wednesday, to see if he
would do any better.
When | went to see him on We'd
nesday he said he was busy in Court.
and he was then going to the Court
room. I did not discuss the matter
with him then; since then I have not
spoken to Mr.. Meyer, and never
reached an agreement with him to
compromise on any terms.
1T is true, as above related, that |
negotiated with him for a compromise
on said indictments, but 1 did not ac-
cept his proposition and l made no
proposition whatever.
Mr.. Meyer was not authorized to
appear for me as attorney, and was
not authorized by me to enter any plea
for me in any of the said cases.
MR.. CAPPS' AFFIDAVIT.
"This 10Th day of October, 1897, per-
sonally appeared before the underNgn-
ed authority, Albert. Caps, who being
by me first duly sworn, says on his
oath: Mr.. Mckinley did not author
ize me to settle the liquor cases with
Mr.. Meyer; did not authorize Mr.
Meyer or any other person to enter
any plea of any kind for Mr.. Mckinley.
The facts are as follows:
"On Friday night Mr. Mckinley ask
ed me if I could go over and see Mr.
Meyer and see if he could not post
pone his cases until about Wednesday
of next week. I told him | would, and
on the next day, Saturday, l went over
to see Mr. Meyers, and met him going
to Court
Mr.. Meyer said he did not have
time to talk with me. 1 told him |
only wanted minute, and told him
Mr.. mckinley was laid up with rheu-
matism, and asked him if he could not
let Mr.. McGinley's cases go until about
Wednesday. He said that would be all
right.
Il then went up to the Court room
and stayed about two hours; after
wards met Mr. Meyer again and ask
ed him as a favor that when Mr.. Nc
Ginley's cases came over for him to
try and settle with him for six
that is, two less than he had previously
proposed to agree upon with Mr.. Nc
Ginley. He said he could not do that
l then said it would be feather in my
cap II you can throw out even one
more, as Mr.. Mckinley had been a good
friend of mine and I would like to
show him that l appreciated what he
had done.
Mr.. Meyer then asked how many
Mr.. Mckinley had against him Alto
gether. I told him seventeen. Mr.
Meyer said he would see what he
could do for seven, that is, throw of
ten and leave seven to settle for.
then left him, and knew nothing more
CT it until | was surprised to see in
the paper that Mr.. Mckinley had con-
fessed for seven.
Il did not agree with Mr.. Meyer on
seven or any other number. and did moi
agree for Mr.. Mckinley that any pleas
OF guilty should be entered"
MR.. MEYERS AFFIDAVIT.
This 18th day of October 1897 Nor.