Smyrna times., 1906-10-24
WARRANT ISSUED
FOR LEWIS EMERY
J. P. McNichol Begins Action to Re-
cover For Alleged SANDER.
HE DEMANDS s25O,OOO DAMAGES

Philadelphia, Oct 22.-The threat
Lewis Emery, Jr., candidate for gov
ernor on the Lincoln Party-Demo-
cratic ticket, following his charge that
State Senator James P. McNichol pur-
chased votes in the famous Marshall
Koontz speakership fight of 1901. has
been started. Mr.. McNichol, through
his attorneys, had warrant issued
for Mr.. Emery's arrest on the charge
of criminal libel. This was supplement-
ed by civil proceedings in common
pleas court, No 8, Mr.. McNichol filing
an affidavit in support of suit for
S250,000 damages for SANDER.
The warrant for Emery's arrest was
issued by Magistrate McCleary, and a
copy of the affidavit, together with a
letter from McNichol's lawyers, were
forwarded by messenger to the fusion
candidate The letter was adroitly
worded to put the next step up to
Candidate Emery. 1t notified him of
the issuance of the warrant and re-
quested that bail be entered by him
for a hearing at his convenience. BY
this stroke Mr.. Emery has no option
but to demand an immediate hearing
or else subject himself to the criticism
that he fears the effect of the proceed
ings on his campaign.
In the words of Attorney Shields,
McNichol's chief counsel, "the whole
matter is up to Mr.. Emery" The Grim
inal action will give him an oppor-
tunity to cross-examine his accuser
when the case reaches court.
The fusion candidate was also no
titled of the civil proceedings, and re-
quested to enter an appearance. No
capias was issued, Attorney Shields
explaining that he will wait until Mr..
Emery reaches the city this week be-
fore serving papers. Mr.. McNichors
affidavit is as follows:
MIR. McNichols Affidavit.
James P. McNichol, being duly
sworn according to law, doth depose
and say that one Lewis Emery, Jr.,
wickedly, maliciously and unlawfully
contriving and intending to injure,
villify and prejudice the deponent,
James P. McNichol, and to bring him
into public contempt. scandal, infamy
and disgrace. and to deprive him of
his good name, name, credit and repu-
tation, and otherwise to injure and ag-
gfieve him, on the. 18th day of Octo
Der, 1906, wickedly, naliciously and
unlawfully, did state and transmit to
the reporters and publishers of GER
tain newspapers published in the city
of Philadelphia. county aforesaid. tc
w.t. The Public Ledger, the Press and
the Philadelphia Record, and thereby
caused and secured the actual publica
ton therein on the 18th day of Octo
ber 1906, false. scandalous, malicious
and defamtory words of and concern
ing this deponent, that is to say:
Nov we come to 1901. Don't you
recollect, they did not have enough
Republicans to elect Marshall speaker
and they gave it up? know person
ally that Quay gave it up. He said
We're whipped in this fight But jim
McNichol, of Philadelphia, said
Wait; let me go around on the QUITE
edges and see if l can't find some
thing
latter awhile he went back to Qua
and said:
"'We're not whipped
"'Why, what have you got?' sal
Quay
give got five Democratic votes
, said McNichol, and l got them chea
only $4,000 apiece
: Thereby then and there meanin
5 and intending by the name "Jim Nj
! Nichol" this deponent, and thereb
/ then and there meaning and intendin
: to charge that this deponent with tn
| crime of bribery. to the damage, seal
e dial and disgrace of this deponent, I
the evil example of all others in th
like case offending. and contrary
the act of assembly in such case mad
J and provided, and against the peaC
! and disnity of the commonwealth
Pennsylvania"
In his affidavit upon which suit fl
u damages was begun Mr.. McNich
$ fixes the financial injury to his rem