The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-29
M'GINLEY
OF GUTHRIE
INDICTED
Grand Jury Finds True Bill
Against Oklahoma.
$1,000 ARE INVOLVED
Trouble Grew Out of Okla
homa City Contract

Oklahoma City. 0. T., Sept. 2S-The
Times-Journal gives the details of Major
McGinley's Indictment and the alleged
causes therefor as follows:
Major n D. Mckinley of Guthrie was
one of those indicted by the grand jury
that finished its session yesterday after
night The Indictment returned charges
him with having stolen from a. c. Root
warrants on the territory OF Oklahoma to
the amount OF $3.50 and certain certifi-
cate Of deposit made on the Western Ma
tional bank OF this city for $164 all be-
ing of an amount of S,150.
The warrant for his arrest was made
yesterday afternoon and given to the Off
GERS to serve upon him at Guthrie, where
he makes his home.
The case is one that grows ont Of fall
ing 10 build the Racine theater and Office
building that was to have been erected
in this city and the 1000 that the city
club was 10 receive IN case the build
ing was not opened and ready Tor their
use by the list of November is the $l.0J0
that Major Mckinley is accused Of having
stolen.
1t viii be remembered that contracts
were made in May for the lease Of certain
portions of the theater and Office building
by the Oklahoma City club and the Trav-
elers Protective association and the Uni
ted Commercial Travellers association and
the conditions Of the lease contract that
was entered into ct that time were that
the party making the contract should de-
t1-- Vy~oc+o-, N~afsova1 hank fba
sum of 1000 as forfeit to be given to
the three organizations If the building
was not ready for delivery 70 the organi-
cations on the Dist day Of November next.
This $1,000 was placed in the bank by one
w T. Hornaday, who was the reputed
agent Of the others i'm the transaction and
the title to lSe Sl.000 was given TO A. c.
Root. who contracted with the Organiza-
lions The money was in the form Of
Territorial warrants and a certificate Of
deposit of an amount larger than the
amount Of the deposit was required. and
the title was passed through J. J. Novak
10 Mr. Root and he executed an agree
ment that transferred this sue to the City
club and other organizations after the
date Of November 21st if at that time
the building was not ready for occupancy
and on that night a performance was to
have been given III the new opera house
by Frederick Warde anu company, the
proceeds of which to the amount of $1,000
were to be paid TO Mr. Root The club
proceeded upon this assignment and the
contract that was made TO raise the sum
Of $1,000 and they transferred the notes.
etc, to Mr.. Root, who IN turn assigned
them to 81r. Novak, who was the person
from whom he leased the opera house
and other portions-Of the building which
ne had rented 10 the City CLUB and other
orders from whom he had received the
money which was assigned under cOnoi-
tions to the City club.
For some unknown reason the building
was not built and has not been built. but
upon inquiry being made OF the Western
National bank as to the deposit there
of Mr. Root it was learned that Messrs.
1IcGinley and Novak had removed the
deposits from the bank.
The investigation proceeded in regard to
the money and after a time the story of
its disappearance came out and the best
way that it can be told is in the follow
ing interview had with Mr.. Novak, who
was present when it was taken:
"McGinley came TO my office and we
had with us the box in which I had de-
posted the S1.oD that was TO be forfeited
TO the City club and the other organiza-
tons if the opera house and Office build
ing was not built, having secured it from
the bank upon the request of Mr.. Nc
Ginlcy. who said that he wanted 10 look
at some contracts that were in the box
with the money. We opened the box in
my Office and examined the contracts.
The warrants and the certificate of de-
post We're in the bottom of the box and
Mr. Mckinley asked me where I was GO
ing to leave them that night. as il was
about six o'clock, and ] told him that I
was going 10 leave them locked ina nay
desk To this he replied that they were
negotiable securities and ne would place
them IN his pocket and bring them back
in the morning and put them back in the
bank. ] objected 70 this. and told him
that they did not belong 10 either of us
hut that I would leave them in that box
and ;hey would be safe there until the
morning. / insisted that ne put them
back. IS he had in the meantime taken
them out of the box. but he repeated that
the morning and rather than use force
30 compel him 10 put them in the box I
made no resistance further than 70 warn
him again 20 leave them alone. lie went
our of the office with the warrants and
the next morning took a train FOR Guth-
lie understand ana that is the last I
ever saw Of the money. Nir. Root learned
afterwards that the money was gone and
made a demand en- me 90 replace it az
once ana this demand 1 transmitted To
Major AIcGinley, but don't think that he
has replaced The money. IJ was not ms
money. as j had transferred il ~ Air.
Root. The money was never the property
q Alr- AcGiniey SO FAR as ] know. be-
cause 81 was given To me by ar Horna-
day. and [ am not surprised that 3lr Mc-
Ginley was indicted Tor stealing &c. as he
knew thar he was taking money that did
not belong 70 him ard % which he had no
right Il 7 bad thought thar he woal5
not puJ il In the hank as he said nc
would the next morning. I would have
prevented him from taking IL hy force Il
necessary. but had mo- idea thai he would
make away with il as DE did
The money beins gone and the contracts
fcr the erection ol The thoater ard office
buiidig being broken. the CRY club and
The other organizations have been pre-
vented nom securing the lease shat thes
were 70 have OF HE money chat they
were To receive from Ar- Root as q Cor
fet II the hunaing was not baui Us con-
tractsd and What measures the club VIZ
take AFTER November 2 axe not known. rs
Air Root has unts that tizse u make Tie
amount Que shem good Ii Is probable