Mexico weekly ledger., 1901-05-30
THE REED CASE UP AGAIN.
Rerractions Of Charges of Misconduct
Filed-Also Denials.
From the St. Louis Globe-Democrat.

From the ST. Louis GlObe-Democrat
Another chapter in the damage suit
Of Mrs. Mary A. Reed against the
Town Of Mexico, NO., developed yester-
day in the filing Of afiidavits by the
plaintiffs in rebuttal Of motion of
City Attorney John d. Orear for new
trial, which is now pending. c. R.
Lupton, ex-Mayor and at present a
city Alderman, who filed an afiidavit
charging the jury and the attorneys
and witnesses for Mrs. Reed with i'm
proper relation in support Of the
motion for a new trial, yesterday filed
a statement under oath, practically a
retraction Of his former statement
The affidavits Of each Of the twelve
jurymen, made before a notary public,
were among the papersltiled yesterday,
in which they denied almost every
charge set out by the defendants and
in some instances the charges made
against them were set up against their
accusers. Probably the most sensa-
tional Of the affidavits was one in
which 1t was stated that William E.
Fish, an attorney of Clayton, had re-
ceived a check for $50 signed by Mayor
W. K. Potts, Of Mexico, on the last
day Of the trial. Attorney Fish was
theonly person other than the residents
of Mexico to make an affidavit charg-
ing misconduct
Mrs. Reed was the plaintiff in a suit
for $4,000 damages alleged to have re-
suited from a defective sidewalk in
Mexico. The case was taken to Clay
ton on a change Of venue from Audrain
County, and was tried May I, 8, and 9.
The jury returned verdict award
ing Mrs. Reed s2500 Five days later
John D. Orear, attorney for the City
Of Mexico, filed a motion for a new
trial, on the ground that the jury was
unduly influenced. Supporting the
motion were eight affidavits of citizens
Of Mexico, Mo-, charging w. f. Reed,
husband Of the plaintiff; George
Robertson, leading attorney for the
plaintiff; William Palmer, William
Kelley and others, with conyersing
with the jurors while not in the court
room; also buying them drinks and
cigars at bar and other Irregularities.
The jurors deny these charges In
their affidayits filed yesterday. They
denounce the statements Of several of
the deponents as absolutely false.
Fred Hammer, one of the jurymen
who was accused of holding a short
consultation with attorneys for the
plaintiff In Autenrieth's Hotel, and
taking drink in company
with three other jurors, which was
paid for by the attorneys, denies abso-
lutely that he discussed the case OF
heard 1t discussed outside of the court
room. He admits a probability Of
having taken a drink with the attor-
neys, but never in the absence of other
people not interested in the case. On
the other hand, he states that he did
drink with Mayor Potts, who was
witness for the defendant. In his re-
traction, Mr.. Lupton states that
ION consideration and reflection, l de-
sire to state it (meaning his former
affidavit) is susceptible of a construc-
tion relating to George Robertson, W.
f. Reed, William Palmer and Fred
Hammer never intended by me and
most remote from my mind"
]. w. Hill, Of Mexico, also made
an affidavit, in which he retracts
statements made by him at the time
Of filing the motion for a new trial.
Charles A. Autenrieth, who cashed a
check for $50 given by Mayor Potts to
Attorney Fish, and who afterward
received the money from the st. Louis
County Bank, made an afiidayit to
that effect. Tne check was honored
by a bank in Mexico. Mr.. Fish does
not deny receiving the money. He
states that he was hired as an attor-
ney by the City of Mexico, making a
contract in writing, and receiving $50
as retainer fee.
o. p. Chamberlain, George II.
Kuhn, Henry Hyde, e. II. Hardt
Henry Hoch, P. II. Abrams, James
Henry Kerth, Anton Cue,
Fred Hammer, o. T. Fuller and Jos.
Kruss, the twelve jurymen, each
charge that the statements I'm sup
port Of the motion for new trial are
untrue. Besides these, George Rob
ertson, James Criswell, W. P. Palmer
and W. Kelley filed affidavits.
George Robertson, of Mexico, attor-
ney in change of the plaintiffs case,
said yesterday: "Those who have not
FLED retractions will be successfully
eliminating the ques-
tion Of misconduct.