The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-03-15

tions said Metzger wrongfully procured
possession of said sum.
Third-That said Lewis P. Metzger,
did, about the times hereinafter set
forth wrongfully, falsely and FRAUDULENT
ly represent to the council of said city,
who then had and still has charge of
said citys funds and the distribution
thereof, that he, the said Lewis p.
Metzger in the discharge of his duties
as city solicitor had been required to
make trips as herein set forth and in
so doing had expended the sums herein
set forth.
The affidavit then set forth several
trips to Lisbon, making total Of 500,
which is claimed to be about SIT more
than was actually paid out. 1t is claim
ed this money was fradulently secured.
Three trips to. Cleveland, aggregating
an expense Of about $40 each, are set
forth, with the claim that the trips were
not necessary and that he did not pay
out the money claimed.
The final complaint is the real COM
plant of the affidavit, and goes to the
sale of the Salem railroad as follows:
Fifth-Said Lewis p. Metzger, with
intent to defraud said city and cause
the railroad then owned by the city, and
known as the Salem railroad, to de
turned over to competing line of rail-
road, about the 10Th day of Novem-
ber, 1900, wrongfully and fradulently
connived and colluded with certain per-
sons whose real names are unknown to
affiant, and in so doing sought to and
did make partial arrangements wherby
said railroad might be disposed of and
turned over to competing line and
thereby deprive the people of said city
of the benefits of a competing line and
defeat the purposes for which the Salem
railroad was constructed, and received
pay from said parties or others for his
alleged services in his efforts to thus
cause said railroad to be turned over
and thereby in bad faith and in man
ner unknown to said city acted in an
official way against the city's interests,
and his alleged trip to New York about
the 21st day of November, 1900, was in
futherance of said scheme to cause said
railroad to be thus disposed of.
Sixth-For several years last past an
action has been pending in the United
States district court for the northern
district of Ohio, wherein the State Trust
company, a New York, is plaintiff and
the city of Salem ct al. are defendants,
and in said action 1t Is sought to cause
said railroad to be disposed of at Judi
cial sale and about the 21st day of No
vember, 1900, the said Lewis p. Metz
ger, then assuming to act in his official
capacity as city solicitor of said cor
poration, made an arrangement with
parties, whose interests in said action
were adverse to said city, by which ar
rangement it was provided that the
said Metzger should receive the sum of
one thousand dollars ($t ,000) out of the
proceeds of said sale of said railroad
by. arrangement with said parties an
tagonistic to the city of Salem in said
action. The reasons for his arrang-
ing to get said sum Is unknown to this
| affiant, but nothing was owing him for
services rendered said city In said ac-
ton, he having already been compen-
sated for his services.
Seventh-The said Lewis P. Metzger
between the Goth day of November,
inclusive, has, as city solicitor of said
corporation, by means of false and
fraudulent claims presented to said city
I anu idipc anu iTduuicut IcpI IcbeutdtlOuS
made respecting the same, wrongfully
received from the public funds OF said
city Of Salem the sum of about one hum
dred dollars($100)
| s. w. RAMSEY.
Sworn to before me by said 8. w.
Ramsey, and by him subscribed In my
presence this 18th day OF March, 1901.
! ]. C. BOONE,
Probate Judge.
We, the undersigned, approve the
| foregoing complaint and we do each
Jointly and severally acknowledge our
selves security for costs In this action.
I JAMES M. SEARS,
| s. p. CORNELL.
! JAMES E. M'NEELAN.
= G. A. CAVANAUGH. a
G. Il. SWlsNEY,
| J. B. 6CHAFFER,
J. 3. kAY.