Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-19

The Criminal Court met yesterday
morning, and Hon. John A. Howard,
representing the defendants indicted
| by the late alleged grand jury, present
ed an affidavit from Andrew Mckinley,
who was indicted seventeen times, who
had proposluon from the Prosecuting
Attorney to compromise. which he did
not accept, either for himself or
| through others, and yet who is alleged
| by the representatives of the State to
have plead guilty to seven indict-
ments out of seventeen found, which
matter is now being investigated by
| the Court.
| The affidavit fl ed by Mr.. Mckinley
was as follows
This 10th day of October, 1897, per-
! sonally appeared before the under
signed authority, Andrew Mckinley,
1 the above named defendant, VINO being
by me first duly sworn, says on his
oath 1t is not true that | at any
/ time appeared in the said Court and
entered pleas of guilty in said cases;
it is not true that | at any time or
place ever authorized w C. Meyer,
/
| or any other attorney or person to
appear in said Court and plead guilty
! for me in said cases. All the facts on
I this subject are as follows:
Soon after the said indictments
were found | had a conversation with
! w. c. Meyer, in his office, in which he
proposed that he would throw off nine
of the said seventeen indictments
/ I'M I n
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. | did
not agree to his proposition, but made
an appointment to see him again about
I it on the following Saturday. On that
/ day | was sick and Albert Caps, my
/ bartender. kept the appointment with
| Mr.. Meyer, and reported to me that
/ Mr.. Meyer would throw off one more
than he first proposed if | would plead
! guilty to the remaining seven indict-
ments. | did not accept this last pro-
posal but was to see Mr. Meyer on
| the following Wednesday, to see il he
| would do any better.
when | went to see him on We'd
nesday he said he was busy in Court,
/ room. | did not discuss the matter
with him then; since then | 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 | did not ac-
cept his proposition and | made no
proposition whatever.
! Mr.. Meyer was not authorized to
appear for me as attorney, and was
/ moi authorized by me to enter any
plea for me in any of the said cases.
| The Court asked the Prosecuting at
| torney what answer be had TO make
| to the affidavit Mr. Meyer answered
| that he would file a counter affidavit
| the purport of which, he stated would
| be as follows. He would admit that
| he had considered the matter with
! Mr. Mckinley; that 1t was true that
! Mr.. Mckinley did not authorize him TO
enter the plea of guilty for him, but
| that he was so authorized by Mr.. Al
/ bert Capps; he would deny that he pro-
posed to compromise the cases or to
throw off" or dismiss" any of the
! cases. He said the other cases We're
! still on the docket and would be called
up some time Mr. Meyer closed his
statement of his defense by saying he
| knew it would be unlawful for him TO
compromise the case and he would
not have agreed TO do SO.
This is true. Section II Oh. So of the
! Code provided that:
! If any prosecuting attorney shall
| compromise or suppress any indlct-
ment or presentment without the con-
sent Of the court entered Of record,
he shall be deemed guilty Of mall
| fesance in office and may be removed
therefrom in mode prescribed by
| law
It was agreed that Mr. Meyers
! statement would be reduced to the
form Of an affidavit and filed and Mr..
! Howard announced that he would take
the affidavit to Mr. Caps and file it on
I Wednesday. Il is understood that Mr..
I Capps will make affidavit that it is
not true that he authorized Mr.. Mey-
er to enter the confessions for Mr..
| Mckinley.
/ The whole matter will be argued be-
! fore the Court tomorrow morning.
! and the Court will be called upon
TO decide whether man can be pun
iShed without trial on the statement
| Of the Prosecuting Attorney that he
! was authorized TO enter pleas OF guilty
/ for him.
The Register is advised by one close
| to counsel for the liquor men that
/ there are other surprises in store for
! the county officials, to be developed be-
! fore the end of the proceedings grow
| ing out of the late grand jury.
The Intelligencer yesterday suggest
| ed to the saloon-keepers that in GER
| tain contingencies they might become
/ liable for costs, the obvious purpose
/ being a further effort TO induce some
| more of them 10 walk up TO the Pros
| ecuting Attorneys Office and compro-
| mise. That Jealous organ did succeed
in frightening a few Of them to plead
| guilty to avoid indictments, found by
/ an illegal grand jury, but they know
better since Judge Hugus entered his
order adjudging it illegal. But il may
succeed in shifting the responsibility
from the Court House crowd to the
| shoulders of the Auditor. All of which
would be strong card fpr the Fifth
ward statesman in his m2aign for