Daily capital journal. (Salem, Or.) 1896-1899, 1898-10-19
FRANK
N|CLOT
Replies to Fry's Aft
davit
Also to the Attacks Of Mr.,
Darcy.
Ruling of Judge Burnett Quashine
the Cases.

sented by the district attorney as
reply to the afldaylts filed by Messrs
ID. j. Fry and p. II. darcy, regard
Ing the said Niclot's enmlty of some
Of the defendants:
"I, Frank j. Nlclot, being duly
sworn, say that 1 am a member OF
the present grand jury, duly empan-
eled In the circuit court for Marion
county, Oregon, at the present title,
AID have been such from the tirsC or
ganization OF such grand jury.
That l have read the afldaylt, or
what purports TO be a copy OF the az.
fdaYit made by one Daniel j.. Fry,
upon which the defendants in the
above entitled action base their ap.
plication TO quash the indictment
herein.
~, aflant, further swear that the
afidaylt Of said Fry is false, wherein
he says that l stated to him that the
defendants we're guilty aud should be
cinched." l meyer used any such
language to said Fry, or any one else.
II do further swear that on or
about the date specified In said am
davit, l was In the drug store Of said
Fry, where l went TO buy some medl-
cine as l was not feeling well; that /
was especially guarded In my conYer-
satlon with him and with all other
persons. / particularly remembered
the admcniton OF the court, and my
oath OF Office and would not talk with
my closest friends respecting the
deliberations OF said grand Jury.
That said Fry at the same time
and place last mentioned engaged
ne In conversation respecting said
cause. L paid no attention TO him
and was anxious to absent mys elf
from his. presence. lie said TO me
that II was a lawyers fight and that
the whole thing arose out OF an emnity
aud professional jealousy, existing
between Tilmon Ford and John A.
Carson. He also stated that nothing
would be done With the defendants:
that l.. V. EhleL was altogether TO
blame for IL; that the said Ehlen had
heretofore couuted out candl dates for
Office, who had been duly elected. /
replied as L was departing
from the store that II Ehlen did such
an act he ought 10 be hung, This re-
lated to the previous alleged act OF
the said Ehlen which Fry had told
me Of.
~ aflant, further swear that as
was leaving the store OF said Fry, he
asked me TO come BACK but l left
hurTledlY, and have never been In his
presence since.
81 further swear that said Fry, dur.
Ing the first part OF the compensation,
he undertook TO engage me 10,
reminded me OF the fact that he had
gone on my bonds at a certain time
when | was ARE Ited for an alleged
crime OF stealing some wheat, which
was my " property, and which was
a. that time In controversy between
myself aud j. N. kaife, who was the
administrator OF ID. NJ. Keene, the
matter being afterwards amlcably
between myself and Skaife.
Said Fry at the time / was arrested
became my bondsman, aud he seemed
10 be anxious 10 remind me OF that
fact when engaging me 10 %conYersa-
lion, and to remind me that II should
not be forgotten by me.
II, adiant, further swear that l
nave read what purports TO be a copy
# the afidaylt Of =, II. darcy filed
al admit that IL Is true that said
acted as attorney for said
administrators OF the estate OF
D. NJ. Keene, and advised my arrest
or hauling away some wheat which l
70 own. aud which Skaife
laimed 10 own, as administrators as
.foresaid, but l deny that l have
yer stated that proposed TO get even
nth him, or anything OF that kind.
"On the contrary | neyer enter
Aimed any III will toward said r, III.
on account OF the fact that
e appeared as attorney In behalf OF
he state OF Oregon against me on
aid charge.
al also deny that l ever stated at
iieIent, or any times shat l intended
D 'cinch' said z. ii. D'Ar;y or s. II.
or John A. Carson, or
Ither OF them. On the contrary ! SOL
nply swear that IcOnscienti0usly UNI
ertook aud discharged my duty asa
rand Juror, aud did so % the utmost
I my ability. That / was actuated
my deliberations and
tied IN their course strictly In ac-
Drdance with the oath OF ONCE which
as administered to me by the judge
this court before l entered upon ,
ne discharge OF my duties as such, f,
nd l was very careful not TO speak 10 I
y particular friends aud trusted ad-
Isers respecting the deliberations OF
Re grand jury or put myself In their :