Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-08-24
MELLETT'S WIDOW
WILL ASK $100,0OO
Believes Mazer and Rudner
Plotted Against Husband.
Prosecutors at Odds.

BY the Associated Press
CANTON, Ohio. August 24.-The
Mellett murder case is to be thrown
directly into the Federal courts today
with the filing by Mrs. Don r. AIel-
lett. widow of the slain editor, of a
civil suit for $100. 900 damages against
Louis Mazer and Ben Rudner.
Mrs. Mellett in her suit will name
Mazer and Rudner as conspiratofs
against the life of her husband. and
will claim the damages because the
murder has deprived her and her chill
dren of Melletts support and compan-
ionship.
The Federal suit is to be fled by
Attorney Francis w. Poulson, Cleve-
land. who conferred here today with
II. G. PontiuS, who was attorney for
Mellett, and with Joseph II. Roach.
conducting an inquiry into the muir
der. Poulson left for Cleveland this
afternoon with Assistant District At
torney Howell Leuck. who has been
assigned to the case here.
Prosecutors at War.
Declaring he will not be .coerced
or inundated" Prosecutor G.. r. Nc
Clntock today struck back at Joseph
r. Roach. Chicago criminal lawyer
and special investigator into the muir
der of Mellett, and said he intends
to yield his powers and duties to no
one. Roach attacked McClintock yes
terday for alleged incOmpetency and
interference with a Federal inquiry.
At the same time 8. A. Lengel, dis
missed last night by Mayor S. NJ.
Swarts as Canton police chief. an
nounced he would fight the charges.
McClintock Said he has implicit
faith in the Stark County grand jury.
which meets tomorrow to consider the
publishers murder, and that he will
do his best to submit all the evidence
in the Don Mellett murder case"
II have given Roach all the infor-
nation we had and he has given us
nothing in return" McClintock said.
Since the three county common
pleas judges have not appointed a
special prosecutor and Attorney Gen
elal G. G. Crabbe has not made such
an appointment. it is considered GER
tain today that McClinto0k will be the
one to carry the case before the grand
jury.
Fifty Witnesses Ready.
Detective Ora Slater, employed by
! McClintock the day after the murder,
| today sent the prosecutor lne names
| of 81 witnesses he had corralled in
| his investigation. More than so wit
| nesses are now lined up to appear be-
| fore the grand jury. Arrests by right
| of Federal warrants slated for yester-
| day were not made. in view of ex-
pected evidence, Howell Leuck, assist
ant district attorney, said.
! Yesterday afternoon the mayor
| fired" Price Janson and John Burris,
| two of the three members of the Civil
| Service Commission.
Lengel the deposed police chief, has
right of redress before the new Civil
| Service Commission. composed OF
George Melbourne and Charles Flory,
appointed by the mayor yesterday, and
| James Allardice, another SWarts az
| pointee, who had previously voted to
! oust Lengel. Janson and BurIis at a
hearing against the chief last Spring
voted for reinstatement. Members OF
| the police force other than Lengel are
understood to he in line for the pref
| erment of charges at an early date
Lengel is expected to carry his
! fight to the commission and endeavor
| to show that the police department
| did not receive cooperation from the
Mellett family at the time of the muir
der. Police department records SHOW
| that the officers were not called un
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