davidaulloa/AmericanStories huggingface dataset:
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
ATTORNEY ANDRESS
Overheard CARRIERS Alleged Promise
Was Behind the Piano.

Tho next witness called by the state
was Attorney III. Il, Address.
He was interrognted by Judge II. W.
Stuart, and emitting the questions his
testimony follows:
81 reside at 10S y Balcb ST., and have
lived i'm Akron years. Gu Wednes-
day, Sept. %, 1898, | went to the house
of Dan McGarry, accompanied by
Mayor w. E. Young We went to n
door in the basement, and were taken
upstairs into the sitting room, and
from there went into the parlor. This
was about 11:15 o'clock a. III. An up
right piano stood diagonally across
the southeast corner of the room. The
piano Is about : feet high. Mr.. Me-
Garry moved out the piano and we
stepped behind it. While we were
there another person came In and talk
Cd"
what was saidW
The defense objected. Ovcrrulcd,
and an exception noted.
"He (Mr. Garbcl) said TO Mr.. McGar-
ry that he had called to see him about
telephone matters. Mr. CARRIER spoke
of the inconvenience of two telephone
systems and snid that wherever two
companies were in operation, the mer-
chants were unsatisiied. Mr.. McGarry
said the ordinance should at least have
clause regulating rates. Mr.. CARRIER
said he had contract drawn up pro-
viding for that which was Just as
binding upon the company. Mr. CARRIER
said: You can look it over and sub
nit 1t to Mayor Young as we think
Young Is pretty good lawyer Gar
Der said: We have . or 10 of the
Council In favor of the ordinance but
we want to make it as near unanimous
as we can. We would like Brady 5
vote. If you will use your influence
with Brady, ! viii give You $500 Mr..
Mct;airy said he didn't know Ms he had
any particular influence with Mr..
Brady. Mr.. CARRIER said that he was
not so particular about thai, but what
he especially wanted was the Commits
soners to reconsider their former ac-
tion. CARRIER said he wanted McGarry
to move reconsideration land he
would let 1t staud. MIR. McGarry ask
cd what he meant by that. Mr.. Gar.
bcr said he would pay McGarry $500. -
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
DAN McGARRY
Recites Details Of Garber's Visit to
His Home.

Friday afternoon, after Judge Koh-
lrr had rrled that the conversation be-
tween Mayer Young and MIR. CARRIER
was privileged, and could not therefore
bc submitted 10 the jury, The state
called, as It's next witness. City Com
missioner Dan McGnrry. This was
not done, however. until the states
attorneys had noted an exception to
the ruling of the court,
Prosecutor Wannnakcr eNalaincd
What Is your name;'
"Dapiel McGnrry"
What is your businessy'
"Clty Commissioner"
How long have you held that Of
flce"
since April %, 1898"
Were you netting in that capacity
Sept. rs, 1882"
Il was"
"Do you know Mr.. CARRIER"
II do"
"lIow long have you known himy"
"Since the middle of May, 1898"
"Where did You meet hlmT'
"Tn the Office OF the Board of City
Commissioners
'rrior 10 Sept IS. had you any con
versation with Mr.. CARRIER"
II heard him talk In our office"
'In your hearingE"
s"Ycs sir"
Once or morei'
II remember of hearing him but
once"
"coming down to Sept. IS, ls0S, did
You see him on that day?
"f did"
"Whnt day Of tho week was it?"
"Wednesday"
oWhere did you see Mr.. CARRIER on
that dayY
at my honsc, oo6 w. Locust ST."
what time of day?'
''Abopt 11:A5 a. m"
"yhat were you doing when Mr.
CARRIER called"
II was eating dinner In the base
ment.p
.Who admitted Mr.. CARRIER to youl
houseY
"My wife answered the bell, and seat
CARRIER In the sitting room."
after You went upstairs, what wai
said there, him TO you, or you TO himT
At this point, the defense objected
stating that the evidence was not com
petent. Objection was Overruled.
"We passed the time Of day. W.
shook hands, and invited Mr.. Garbe
into the parlor which is south of thu
sitting room"
AFTER you reached the parlor wha
did you dof"
II sat down and so did Mr. CARRIER
We were about three feet apart"
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
CRONIN
"Unfolded Damnable Scheme {
CARRIERS" Said the Prosecutor.

Prosecutor Wanamakcr followed
He said: Mr. Rogers stated that May
or Young was continually seeking Gar
Der. Now, wasn't II CARRIER who
sought Young through Cronin? Mayor
Young was invited to Cronin's house
under the cover of night, with pre-
tense that there was n friend there
for him to meet, and there Cronin un-
folded this damnablc proceeding. They
wanted McGarry and wanted Mayor
Young because Notary. was an ap-
pointcc of Young's and might be under
obligations to the Mayor. They never
thought of employing Mayor Young
as attorney. Suppose he did accept
the $500.
"As he did in other instances in
terrupted Rogers.
You are a liar" shouted Mayor
Young, who sat in the jury box.
IT was at this point in the proceed
ings that the exciting affair detailed
in Fridays Democrat. occurred. Peace
was restored and Mr.. WanamalSer
continued: ''If II was damnable for
Mayor Young to refuse. what under
heaven, would ii have been for the
Mayor to have accepted Il? lie want
ed his prestige and influence as May
or of the city TO secure McGarry S
vote to reconsider the franchise. They
never thought of Youug's being their
attorney until they sought TO use that
plea as II clonk."
Judge Stuart spent the greater part
of his time in citing cases supporting
his side of the question.
Senator Sieber followed. He said.
"Thc testimony as presented shows
that Mr.. CARRIER went to the office of
MIR. Young in the full belief that he
was going to the Office of his attorney.
Does not the evidence show that Mr..
Young was informed that he was want
ed as an attorney? He Uhc Mayor
had asked CARRIER If he had authority
To employ an attorney. CARRIER had
told him that he had, but to remove
all doubt he would have Mr.. Richard
son call him up. This was done"
Col. Siebcr consumed considerable
time in reading from ihc testimony
offered Thursday by Mr.. h. II. Otis.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12

"All did was TO escort them back"
Are you positively sure they were
there?"
positively sure"
What were they there for?
"To hear the conversation between
Mr.. CARRIER and myself
when Mr.. CARRIER came you were
glad to see him and gave him the glad
hand?"
Mr. Wanamaker interrupted. II OBJ
serve" said he, that while Sen. Sieber
asks question in IN insinuating way,
that Mr. Rogers does his part by laugh
ing. l object TO the procedure"
The court urged that the attorneys
observe court etiquette.
WAS there any noise behind the pi-
ano?'
mo sir"
Didn't Young cough?"
mo sir"
Did anybody sneeze?'
"No sir"
WAS there no stir In 20 CT so min
utes?"
Not that heard"
who went down street first"
"Mayor Young and Mr.. Address"
when did you stnrt?'
~ do not knew"
what did you do after they left!"
Il cannot sny."
"Where did you goT'
Il cannot say"
"You went TO swear ol;t an affidavit
didn't youi'
No sh."
did you ever swear out au affidavit
charging Mr.. CARRIER with the offeuscY
Not to my knowledge
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12

tense, cited numerous authorities In
support of the suppositon that the
conversation between Mayor Young
and Mr.. CARRIER was privileged.
II submit ii would be gross out
rage, IL conversation in private TO an
attorney. should be revealed. The cvi-
dcnce IN this case all tends to show
that Mayor Young coaXcd the man,
stealthily. schemingly planning ia
draw him on. How did he do it? BY
virtue of his being an attorney. Even
though this rule was not as broad as
has been cited 1t would surely cover
this case. The Mayor did not say, Il
can not act He said | will take the
matter under consideration He in.
vcigled CARRIER into his office ana drew
from him his plans and his schemes
Give the Mayor credit for being mis-.
taken. He went, however, altogether
to far
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
APOLOGIZED
For His Conduct-Testimon Was
Ruled Out.

After Mr.. Siebcr had finished, Mr..
Rogers apoligizcd TO the court for the
tilt with Mayor Young in the court
room.
Judge Kohlcr said in conclusion:
Without going into detail, il appears
that Mr.. CARRIER was there in the inter
est of telephone company. 1t was
legitimate to do whatever was honoirl-
bic and fair to secure for his company
certain rights. II is reasonable TO bcl
lieve thai Mr.. CARRIER awaited himself
of the services of Mr.. Young, who Is
not only the Mayor, but an excellent
Mayor and n man for whom | have
great respect. | shall not impeach the
testimony Of Mr., Young for hnvc no
idea that he testified 10 a single thing
hut the truth, The rule of law, how
ever. Is that IL a man goes to Il lawyer
and makes Il privileged statement ii
shall remain inviolablc."
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
CROSS EXAMINATION,
Wanted Some One to Hear Statement
OF CARRIER.

The witness was subjected to n rig
orous cross examination by Sen. Sicbcr
The witness admitted that hc was n
personal and political FREUD Of Mayor
Young aud that one had received favor
from the other.
at didn't make amy difference what
occurred by way of promises being
made. that would not affect your hon
est conduct would ~" asked Sen. Sic
bcr.
The states objection was overruled,
mo sir"
Won invited a couple of men to be
present TO listen to what was said?'
Yes sir"
"You hadn't talked with Mayor
Young about being there at this par.
tieular time, before he got there?"
mo, think not.'
"How did Mayor Young get back of
the plano"
'He walked back"
"You expected Mr.. CARRIER and want.
ed some one to hear what he said?'
"Yes sir"
'Dld you call Mr., CARRIER up from
the Commissioners Officer
II never, called him up"
"Who placed Young and Address
bohipd the planoW
II did,
The witness here explained to III,
jury the size OF the piano and the posi-
tioD II occupied"
'What position did you put the May
or behind it;'
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
A RESOLUTION

Providing for the preparation of
plan of sewerage and drainage in "a
designated part of the City of Ak
ron, Ohio.
BE II resolved by the council of the
City of Akron. Ohio. that in the Opin-
ion of said council it is necessary to
provide a system of sewerage and
drainage for the sewer district num-
Der q. as heretofore established
BE it further resolved that the City
civil Engineer be and he is hereby
directed to devise and form ali plans
of sewerage and drainage for said
portion Of said city.
Adopted, May Tth, 1900.
FRANK FlEBEGER.
President City Council.
CHAS. III. ISBELL. City Clerk. IS
Approved by the Board OF City Com
missioners.
CHAS. Ill. ISBELL,
Clerk.
Pub. May 12-19.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
A RESOLUTION

To improve Cherry street from How
ard street to Canal street
BE ii resolved by tho Council Of the
city OF Akron, Ohio, that il is necessary
and the intention is hereby declared
TO Improve Cherry street, from Howard
street to Canal street, by grading the
same TO the established grade, curbHg
with stone, gutterlng aud paving the
same with brick, all in accordance with
the plans, profile and specifications on
file in the Office of the City civil En-
ginccr
That the cost and expense of said i'm
provcmcnt, except one-iiftieth and the
cost of intersections, shall be assessed
upon the lots and lands and parcels
thereof bounding and abutting upon
said Cherry street, between the points
aforesaid, in proportion to the benefits
which may result from said improve
mcnt.
Said assessment shall he payable in
five l5l equal, annual installmcnts,
aud bonds shall be issued in anticlpa-
tion of the collection of the same. pro-
vided that said assessment, shall in no
case exceed the limitation imposed by
section 22T0 Of the Revised Statutes
of Ohio, aud the Council md and here
lS declare that only the property here
inhelore described will be specially Den.
rhlod by the Improvement thereof,
and that no other property than that
specified Shall be assessed for said inn
provcmcnt.
Tic Clerk is hereby directed TO cause
this resolution 10 bc published, and
Frank Ronstcdt is hereby appointed
to serve notice of the passage hereof
as required by law.
I hereby certify that the plat aud
profile Tor ihc above Improvement are
on 1ile in the otlcr Of the CITY Civil
Engineer.
!. W. PAYNE.
City Clvi! Engineer.
Passed May 7th, 1900.
FRANK FIEBEGER.
President City Council.
CHAS. II. lSBELL,
City Clerk
Approved by the Board of City Com,
missioners.
CHAS. IL. ISBELL, Clerk.
May 1910.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
Relate the conversation"

"Mr. CARRIER said, 4 came to talk
over telephone matters. think you
have influence with Mr.. Brady and |
would like to have you use your influ-
ence with him, so that he Will vote
with us, on the final passage or the or
dinance.' | said, that owing to the po-
sition l had taken, that 1t would not
look well, and furthermore, that Mr..
Brady was n man who would vote ac-
cording to his best judgment"
What was said about paying you
for this infuenceY
Objection, raised by the defense, was
overruled.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12

sewer shall he assessed upon all the
lots and lands and parcels thereof
bounding aud abutting upon both sides
of said street, between the points
aforesaid. in proportion to the benefits
which may result from said sewer to
the several lots and lands and parcels
thereof to he assessed.
Said sewer shall he payable in three
CD equal, annual installmcnts and
bonds shall he issued in anticipation
of the collection of the same.
Adopted May 18th. 1900,
FRANK FIEBEGER.
President City Council.
CHAS. II. ISBEII.,
City Clerk.
Approved by the Board of City Com
missioners.
CHAS. II. ISBELL, Clerk.
May 1919.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
N Office

Bids Will he received at the office Of
tho Board of lnilrmary Directors NJ the
Summit County inirmary, until /.
o'clock, noon, May -, 1900, for
the position of medical attendant
for the relief of the INDECENT poor of
tho city of Akron, for one year from
June LIST, 1900. The Board reserves
the right 10 reject any or all bids,
X. y. ROBINSON, Clerk.
May 1223-30
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
STATE.
Continued from first page.


verdict of not guilty. He termed the
whole matter farce" "The affair at
McGarry's contained nothing criminal
In it," said tho attorney ''and the whole
scene was concocted by the man whom
the court has held was Garber's attor-
ney.' Authorities were shown hold
ing that CARRIER could not be convicted.
eve claim the whole transaction
lacks criminology. II was a conspir-
acy to catch man: the mere staging
of play at the playhouse" said the
attorney.
Judge Stuart replied for the defense.
He said: 'I must say that my friend
RogeIs argument is based on facts
that he claims were submitted MS evil
dcnce and which cannot he found in
the stenographers notes. He says IT.
was farce or play. ] supposed that
in a play the actors knew their parts.
did McCiarry and CARRIER ever rehearse
their part! Was CARRIER then to take
part in farce? 1t was q serious mat
ter to him. He went there to get Me-
Garrys vote. Mr.. McGarry was not
seeking this Interview. The evidence
shows that CARRIER was at McGarrys
house Tuesday evening. Docs it not
show that CARRIER sought McGarry?
posed to this ordinance. The vote of
the City Commissioners shows 1t. De
coyed there, was he? All, pshaw.
That is the fimsy excuse of man
caught in a bad place. 1t originated
away back in the Garden, when Adam
placed the blame Oh I've. Now CARRIER
wants TO lay the blame Mt McGarry's
feet
Prosecutor Wanamaker followed
Judge Stuart. The prosecutor review
ed the conversation at McGarrys
house and submitted that all the trap
ping had been done by CARRIER and
Cronin. The Prosecutor held that
the promise to bribe was made I'm good
faith, and was Il serious matter II
was held that the solicitation of Il
bribe constituted the crime.
Sen. Siqber closed the argument. He
denied that the evidence showed that Il
brbc wps attempted. He said "Thc
law will not permit an officer TO put
himself i'm the way OF n trap Sen
Slcber dwclt upon the fact that Me
Garry testified that he could not have
been corrupted. He referred to Mayor
Young and Mr.. Address as "cnvesdrop-
pers." 'lf thew had any duty To per-
form, said he, ''it was TO prevent tho
commission of crime. rather than en-
couraging it. If the crime was com
mitted by any one, 1t was committed
by Mr.. McGarrg when he says that h,
could not be corrupted. Just as i'm
possible under these circumstances as
II is to commit burglary when tn,
burglar enters my house with my con
sent. The whole thing is n decoy and
under an old rule of law,n man dccoycd
into trap cannot commit Il crime"
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
SCHEMED
To Get CARRIER Into His Office De
clared Mr.. Rogers.

Preceding the testimony printed
above, the attorneys devoted consider
able time to Il discussion OF the relation
existing between, Mayor Young and
Mr.. CARRIER
Attorney $. G.. Rogers, for the de-
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
OFFERED $500
To Approve Ordinance Said Witness
mo Pull With Brady.

MT. CARRIER said that If could get
MI Brady to vote favorable 70 the or.
cinarce he would give me $500. I
repeated that owing TO the stand had
taken 1t would not look well, and that
Mr.. Brady would use his own best
Judgment. Mr. CARRIER said that they
were anxious to get the ordinance pass-
cd; that hey had worked on It a long
time and had had q good deal of oppo.
sition. | think he said that Richard.
son was sick, aud wanted to take a
vacation end they wanted to close up
the natter. Mr.. CARRIER said he was
not rnrttcular about Brady's vote as
the had nine or ten of the Council
men. Mir. 'inrhcr said lie wanted me
to move Il reconsideration by the Board
of City commissioners ana thereby Sc
cure the approval of the Board Mr..
CARRIER said, The offer viii hold good
and will be all right asked him
what lie meant by all right He
said j will give YOU $500, whether You
got Brady or not said that could
not see my way clear, unless they i'll
cludod IN the ordinance n schedule OF
prices, rs I thought the rates were
too high. We had some little further
informal talk
"Relatc what was said further
I'm reply to my saying that could
not conscientiously comply with his
wishes. Mr.. CARRIER said tnat the com
pany was willing TO submit a contract.
a copy of which he had with MIN. |
said that did not think IL would bt
binding. MIR. CARRIER said he thought
It would and advised me 10 see Mayor
Young. I told him that I would con
slider the matter CARRIER wanted to
know when would let him know He
said he was going to Columbus 10 see
Gov. Bushnell. | told him would let
him know Friday"
What did he say he was going to
see Gov. Bushnell for?"
81 can not say"
"What was snid as TO when and how
the money was TO be paidY"
"Mr. CARRIER said that hc would nav
the money upon receipt of a certified
copy of tho ordinance from the city
clerk. He would pay In currency M
my house or the Barberton Inn."
What did CARRIER say to YOU about
voting, after the motion TO rcconsidery'
HE wanted me to make n motion ia
reconsider and vote fayorabrc m II :,
Favorable ON whatY'
"On the General Union Tclephonc
Company's Ordinance"
How long was Mr.. CARRIER thercY,
About IL or 20 minutes."
"Wns there anybody else there in tho
known presence of Mr.. Gnrber?"
This question brought an objection
from the defense and il was changed
to another form. The answer was;
"'rhcrc were some others In the room
behind the piano which stood in the
soIth-enst ,,orncr of tho room
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
A RESOLINTION

Directing free holders to report an es-
timated assessment of the cost and
expense of improving Wolf street,
from Wooster avenue to Thornton
street.
BE 1t resolved by the council of The
City of Akron, Ohio, two-thir,ls of all
the members elected thereto concur
ring that +. +. Clark, q. ID.
Seward and " A. Clark three
disin,ereslcd free-holders of the cor
poration, who are hereby appointed II
board for that pnrpose, be required to
prepare and report to this council an
estimated assessment of the cost and
and expense Of improving Wolf street,
from Wooster avenue 10 Thornton
street. upon the lots and lands and
parcels thereof specially benefited by
said Improvement, as set forth in an
ordinance to improve said street,
passed November ~, 1899.
Said assessment is to be in proper
tion to the benefits which may result
to said lots and lands and parcels
thereof from said improvement aud
limited to the special BENEFITS conferred
thereby to each lot and land or parceI
thereof assessed.
Adopted, May 7th, 1900.
FRANK FIEBEGER,
President City Council.
CHAS. ii. ISBELL,
City Clerk.
Approved by The Board ot Niry Com
missioncrs
CHAS. III. lSBELI..
y Clerk.
| Pub. May 1919.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
A RESOLUTION

a RESOLpTION
Directing frec-holders to report an cs-
timated assessment of the cost and
expense of oflmproving Summit street,
from Market street TO Furnace
street
BE II resolved by the council of the
City of Akron. Ohio, two-thirds of all
the members elected thereto concur
ring, that August 'Kimptln, Carl
Schocnduvc and Joseph Thomas. three
disinterested frec-holders of the cor
poratlon, who are hereby appointed II
bonrd for TINT purpose, he required to
prepare and report to this council an
estimated assessment of the cost and
expense Of improving Summit street
from Market street to Furnace street,
upon the lots and lands and parcels
thereof specially benefited by said im-
provement, ns set forth in an ordl-
nance to improve said street, passed
April Ii, l90n.
Said assessment is 10 he in proper
tion To the benefits which may result
10 said tots and lnnds and parcels
thereof from said Improvement and
limited TO the special benefits conferred
thereby TO each lot and iand or parcel
thereof assessed:
Adopted, MAY S7ih, 1000.
FRANK ElEBEGER,
President City Council.
CHAS. II. lSBELL, City Clerk.
Approved by the Board OF City Com
missioners.
GHAs. II, ISBELL,
Clerk
Pub, May 12-1e.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12

\ RESOLUTION
TO improve Mill and Ash streets from
the wcsi line of Howard street to
the bridge over the Ohio canal.
Re II resolved by the Council of the
city of Akron, ohio that IL is necessary
aud the Intention is hereby declared
to improve Mill and Ash streets, from
the west liuc of Howard street 10 the
bridge over the Ohio canal. by grad
ing the same TO the established grade,
curbing with stone, guttering and pay
ing with brick or block stone, all in ac-
cordance with the plans profile and
specifications on file in the office of
the City Civil Engineer.
That the cost and expense of said i'm
provement, except one-fiftloth and the
cost of intersections. shall he assessed
upon the lots and lands and parcels
thereof bounding and abutting upon
said Cherry street, between the points
aforesaid, in proportion to the benefits
which may result from said improve
mcnt,
Said assessment shall bc payable IN
| tive (1l equal, annual instnllmrnfs.
| aud bon,ls' shall hc issued IN antIclpn
tlon of The collection Of the snme. pro
Vlded that said assessment shall in ma
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-12
HERB soupER,s WONDERFUL FUNNY ELEPHAMT BRASS BAND
big NEW sTREErP 1a1E PARADE so SECTIONS '% \ ss,,.
HING, snfaa4I snpap EXCURSIONS as1 Hn RAILROADS.

DOORS OPEN ONE HOUR EARLIER.