The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-09-19
hay 1T TO LAWYERS
ATTEMPT TO TAKE TWO OF THE
DULUTH MERRITTS UNDER
ARREST.
INDICTMENT IN NEW YORK
is SPRUNG ON THEM WHILE THEY
ARE NEEDED AS WITNESSES
ELSEWHERE.
v. CLoUGH's INTERVENTION,
However, Prevents the Return of
the Much-Wanted Missing Men
to the Empire State.

Gov. Clough yesterday reiterated his
former emphatic utterances in regard
to the use of the government machin-
cry for the punishment of crime to the
collection of debts, and requisition
sent by Gov. Black, of the Empire
State, for the arrest of Andreas r. and
Eugene T. Merritt, the Mesaba range
mining men, was denied
The papers accompanying the reuui-
sition were voluminous, but not con-
vincing, to the governor at least.
There is something of story behind
the attempted prosecution or persecu-
ton, it is said. 1t seems that for some
time Lon" and Alfred Merritt have
been engaged in litigation with their
former legal advisers, A. A. Harris and
his son Henry Harris, over some i'm
portant papers The two Merritts
named in the requisition from the gov
ernor Of the state of New York, are
important witnesses in this case, which
is now on trial in Duluth. 1t is
claimed by the Merritts that the Har-
rises have inspired the indictment of
these witnesses by the court at Ba-
t2V1a, N. Y, in order if not to get
them out Of the state during the trial,
at least, to discredit their testimony be-
fore the court. When Anthony Horsch,
deputy sheriff from Batavia, arrived
in Duluth Friday, the Merritts refused
to accompany him without due process
of law having been observed. Accord
ingly it became necessary for Horsch
to visit the governor and in the mean
time, the Merritts telegraphed Gov.
Clough, requesting him not to do any
thing until they would appear before
him. So they came with their counsel,
j. d. Washburn, of Duluth, and yes
terday presented to the governor their
side of the case.
The charge made by the Batavia
people is that the Merritts defrauded
them out of large amount of money
on the pretense that they were the
owners of rich tract of coal lands in
Kentucky, when in fact they were not.
The Merritts contend that they did not
misrepresent things, that they did
have an option on the property which
they represented to the Batavia people
the proposed mining deal involved.
They insist that the Batavia people
theirs Ghe Merritts). Gov Clough,
after hearing the Merritts, and read
ing the statement of the case accom-
panying the requisition as presented
by the Batavia sheriff, promptly de-
clined to grant the request for the de-
livery of the Merritts.
Scarcely had this action been taken,
than the governor received a telegram
from Gov. Black, of New York, ask
ing him to withhold action until furth-
er communication, as new facts had
been brought to the attention of the
New York state executive, since he
granted the requisition asked for by
the Batavia people.
A special from Duluth says:
DULUTH, Mimi, Sept. 1S.-Yesterday a
bench warrant from Batavia, N Y. for the
arrest of A. r. Merritt or this city, was
placed in the hands of the sheriff here. The
MerIitts are under Indictment at Batavia for
obtaining money under false pretenses. Six
counts have been found against them. They
are accused of selling stock in their Ken
lucky coal mining scheme under false rep
reservations.