The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-04-05

r'I want to go into this matter thor
oughly." said Judge John w. Colds
berry of Chlllicothe, supervising
Judge Of the Fifth judicial district,
In common pleas court, on taking up
the affidavit OF prejudice filed against
Judge Edgar B. Kinkead in the Cl
u. & NJ receivership litigation, says
the Ohio state Journal.
THE fact that an affidavit has been
filed does not prove bias or preju-
dire" the court declared.
Speaking in behalf of Judge Kin
kead. Judge ID. f.. Pugh courted a fun
investigation into the merits of the
case. and assented to a continuation
OF the hearing until April H. to en-
able the contestants to be fully rep
resented. Judge c. G. Williams, who
appeared, disclaimed any personal
knowledge OF the aifidavits. and said
he did not represent the contestants
ms attorney whereupon Judge Pugh
read a letter from webb, to the ef-
feet that Judge Williams represent
ed both him and the company.
Kinkead's Affidavit.
In counter affidavit filed yes
terday. Judge Kinkead asserts that
less than two days before the filing,
March "a, Of the affidavit of pre-
iudice by Attorney Guy NJ. Walker of
New York, which AFFIDAVIT later was
thrown out by the local common pleas
Judges, a copy Of the affidavit was
flashed upon him by George Whysall
the deposed receiver
"Why do you show me this affida-
vit?" the judge asked.
I'VE do not know what you have
in mind" was the reply. according
to the affidavit.
Later Judge Kinkead told Whysall
definitely that he would not be reap
pointed receiver for the c. ID. g. NJ.
and the latter said the affidavit OF
prejudice would not be filed. They
were, however.
In his affidavit. Judge Kinkead says
he was approached by Webb at their
meeting at the Chittenden hotel.
where Webb said he was growing inn
patient and demanded immediate ac-
tion. Later he was greeted in the
court house by Judge williams. Once
an attorney came to his home on sun
day in regard to the matter. says the
disclosed in the affidavit
Refuses Further Dealings.
The climax came when Judge Kin
kead says he received from Webb at
Indianapolis Ind, letter purporting
TO recite an agreement which Judge
kinkead in his affidavit declares
distortion of facts and which prompt
ed him to refuse further dealings
with the Webb faction.
His reasons for deposing Whysall
as receiver OF the G. ID. g. NJ. are re-
counted in the affidavit filed yester-
day. Whysall. among other things,
declared a dividend when there was
no surplus. In this transaction he is
deelared by Kinkead to have had
legal advice from Judge c. C. VIII.
liams.
Whysalrs connection with the Pros
pect lighting proposition and alleged
mulcting of the road in this connec-
ton Is advented TO.
Whysall was appointed receiver
only to look after the operating end,
the affidavit declares At the time
he was cited for contempt for taking
with him cars belonging to the c.
ID. & NJ. Judge Kinkead, according
to the affidavit. expressed himself as
willing to let anbther judge hear
the proceedings, so that he woula
not be preJudiced after having re-
moved him
Wcbb's Charges Denied.
Webb's recital Of the details of the
Chittenden conferences between him
self and Kinkead, is practically de-
nied in toto.
Attorney Smith w. Bennett, coun-
sci for the receiver, also filed an az
iidayit yesterday. in which he says
that Guy NJ. Walker, the New York
attorney told him he had no know
ledge of the case other than as re-
lated TO him by Judge c. c. williams.
In their attempt to reach Ell NJ.
West, the receiver, Webb has struck
at Judge Kinkead, declares Bennett.
who says that Webb told he had no
prejudice against Judge KInkead
personally, but merely sought through
him TO reach his appointee, West.