The sun., 1901-12-09
ODELL WRITES TO MERRILL.
A "PRETTY HOT" LETTER ABOUT
M'CARTHY's CONVICTION.
District Attorney Of Queens ASKS for Time
In which 10 Frame Reply 10 Allegation
Made in Afi,davits Sent 70 the Gov
ernor-I oddArd Not BACK Of Them

ernor oddard Not BACK Of Them.
THE SUN was Informed last night that
District Attorney John B. Merrill OF Queens
county has been called upon to explain
some Of his activities in getting Patrick
Mccarthy convicted Of keeping disordoriy
house In Long leland City. District At
NWney Merrill acknowledged last night
that he had received a letter from Gov.
Odell, saying that the Governor was IN
possession OF certain afIldavits purporting
to show that Merrill had been unduly active
In the prosecution Of Mccarthy and asking
for an explanation.
MIR. Merrill said that he had written In
reply to Gov. Odell asking for time In which
TO frame reply. He also said he intended
making a full reply. giving all the facts
Of the case from start TO finish. and that
he understood that the affidavits were TO
be withdrawn. man who saw the letter
from Gov Odel described It ~ being
pretty hot
According 10 District Attorney Merrill,
Gov. Odell's letter was written after the
Court of Appeals had affirmed the con-
viction Of Mccarthy. Mccarthy has AZ
ready been put in the Queens County jail
and Is awaiting transfer from that inetl-
luton 10 tnt hlnks Nouilty '
where he must serve out the year pre-
sCribed by his sentence.
One of Mclarthy's friends who first told
the story Of Gov Odell's letter TO re-
porter from THE sun said that the ahlda.
Wits against Merrill had been presented
TO the Governor by Capt. +. Norton God
dard Capt Goddard denied this story.
He said last night that he had not sent
any aflidavits In the Mccarthy case TO
Gov Odell and practically, knew nothing
about the case, Capt Goddard said thas
about a year ago a distant relative OF
McCarthy's came TO him and told him mat
Mccarthy had been sentenced in either
Kings or Queens county. he didn remem-
ber which, and had a particular desire 70
serve his sentence in prison IN one OF
those counties, but not the one he had
been convicted in. When he learned the
nature Of the case, Capt. Goddard says
he refused TO have anything to do with 1t,
Il remember that the man who came
to me had some affidavits from the IN
mates OF McCarthy's house.. said Capt.
Goddard, but I refused even TO look at
them knowing their value. do not even
know District Attorney Merrill and have
no interest In him at all
According to the friend OF McSarthy;
the man who tried to get Capt. Goddard
interested in behalf OF Mccarthy was Will
liam j. Whitaker .Alderman-elect from Capt.
Goddard's district.
LawyerAbc Levy who defended Mccarthy
said last night:
my connection with the case II ended,
I wouldn't countenance any attack on
District Attorney Merrill I haven't seen
or heard Of any sffidavits against him and
have absolutely nothing to do with any
such thing ] have heard that some effort
is being made 20 have Mccarthy trans
ferred 10 some other Jail than the Kings
County Penitentiary, but that is al
McCarthv's placs, n RlinNs law hotel, at
10 Borden avenue. Long Island City, was
raided by District Attorney Merrill and
Mccarthy and nine women were arrested,
Mccarthy was tried and convicted in May,
1900, and County Judge Moore sentenced
him to one year in jail. The Court of Appeals
last week affirmed the conviction, and
Mccarthy was Immediately put in jail.