Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-05
CHARGED WITH LIBEL
Newspaper Man Arrested in
EIosser-T Wigg Case.
TWO WARRANTS ISSUED
States Attorney Robb and Frederick
Mertens Compliments.
REPORTER RELEASED ON BAIL
Alleged to Have Written Article
Stating influence Hindered In
quiry Into Mystery.
REPORTER RELEASED ON BAIL

Special Dispatch to The Star.
CUMBERLAND. Md. February 4,-The
Elosser-Twigg case caused another SEN
sation in Cumberland today. John w
McConaughy. staff correspondent OF
the New York Evening Journal, was ar.
rested here shortly after noon at the
instance Of States Attorney David A.
Robb on two warrants sworn out by the
latter charging criminal libel.
Mr.. McConaughy was take: to Jail and
later released on a NEUTRALITY-SUSPICIOUS.
bond. furnished by Col. John w. Avirett,
editor and proprietor Of the Cumberland
Evening Times. and Frank Lee Carl.
city editor of the Cumberland Daily News.
The warrant says:
'.McConaughy did unlawfuly and ma
liciously write and publish of and con-
corning David A, Robb, states attorney
for Allegany county, a certain false.
scandalous and malicious libel imputing
corruption and malfeasance. and that he
fRobb) corruptly and unlawfully failed
and desisted from performing the duties
of his Office.
This action is founded on articles all
legged to have been sent by Mr.. McCon-
aughy to the New York Evening journal,
in which the correspondent is alleged 10
have stated that States Attorney Robb
failed. to probe the Twigg-Elosser tragedy
because of political influence exerted by
Frederick Mertens Of Washington. d. C..
ard Cumberland, Md Mr.. Mertens is
the senior member of the firm of f. Mer-
ters' Sons. coal and lumber operators, the
owner OF Marshall Hail. One OF the
warrants charges Mr.. McConaughy with
libeling Mr.. Mertens.
Immediate Hearing Refused.
Mr.. McConaughy was taken before
Justice Jacob B.. Humbird, and Capt.
Philip Roman, his attorney, demanded an
immediate hearing. States Attorney Robb,
who was present. said the state was not
ready with it's testimony, whereupon
Capt. Roman wanted to know upon. what
the warrant was based, IL the testimony
was not forthcoming; that Mr. Robo
knew his witnesses and could have them
in half an hour. Mr.. Robb insisted on
postpon!ng hearing and Justice Hum
bird agreed. Mr.. Roman said that the
charge did not warrant more than $500
bond.
States Attorney Robb contended for a
much heavier bond. He said the state
did not want the Ne@ York Journals
money, but it wanted the man. adding:
Here <is q man from big city. He
may go back there if the bail is light
When SMr hobb said the New York
man inquired: Then you do not intend
to institute civil proceedings for DAM
ages?'
Mr. RQbb replied that it was his aim to
punishN~ 4fcCOnaughy criminally and he
prOphesiedthat he would succeed. While
plans were being made as the result of
orders from New York to arrange bond
through bonding company for any
amount the two local newspaper men
volunteered to go on the bond Of Mr.. Nc
COnaughy and he was quickly released.
Witnesses to Be Summoned.
afternoon at 5 o'clock. It is understood
that the witnesses to be summoned by
States Attorney Robb include representa-
tives of the Western Union Telegraph
Company, Michael F. O'Neill, the owner
of the Cumberland News Company, news
paper distributor; Frederick Mertens and
Frank Lee Carl.
Mr.. Robb has threatened action for
libel against several other newspaper
men. The arrest of Mr.. McConaughy has
caused great excitement and has opened
with renewed energy a discussion of the
famous tragedy Mr.. McConaughy has
been here ten days working on the case.
The articles of Mr.. McConaughy. refer to
the frequent conferences between Robb
and Frederick Mertens since the tragedy.
Mr.. Robb explains these conferences as
having pertained to business matters, he
being an attorney for Mr.. Mertens.
Frederick Mertens Is in Cumberland,
Nd. according to Information given out
at his home last evening.