Case of Canfield vs. Allmendinger Continued.
PRETENDED TO SEARCH
For Walsh Who Was Charged with a Crime.
The Affidavit Also Alleges That Canfield Spent $44 in This Traveling Search, a Portion Which It Charges He Did Not Make.
The case of Lester Canfield vs. G. Frank Allmendinger was continued Saturday by order of the court upon the application of defendant. In his affidavit for continuance Mr. Allmendinger says that he bas fully and fairly disclosed to his counsel the facts which he expects and believes he will be able to prove by certain witnesses, Herbert Walsh arid Mrs. Herbert Walsh and Frank Carnell, known as Arthur Barrington, whom he is not now able to locate. He claims to have made extraordinary efforts to reach these witnesses but has been unable to do so. He did not know of these witnesses at the time his cause was placed on call for trial and did not know they had knowledge of facts important to him in his defense. He claims farther that he is informed and believes that said Herbert Walsh and Mrs. Walsh will testify that Herbert Walsh was charged with the crime of forgery and that the plaintiff attempted to discharge the duties of detective and to discover the whereabouts and to arrest Herbert Walsh. At the time Herbert Walsh and wife lived at Litchfield and did not leave there during nearly all the time plaintiff was pretending to search for him. In his search for Walsh, he says, Canfield charged the county of Washtenaw, as deponent is informed, on Oct. 18, 1895, railroad fare to Jackson, $1.75; livery at Jackson $2; dinner and supper at Jackson $1; one day's service $2. Deponent says he is further informed and believes said Canfield charges that in the night of Oct. 18, 1895, he went to Albion and that the fare was 60 cents, one meal at Albion 25 cents; fare back to Jackson 60 cents; and one night's service $2. On the 19th he charged the county with fare to Munith 40 cents; livery at Munith $2; breakfast, supper and dinner at Munith $1.50; fare back to Jackson 40 cents; one day's service $2; one night's work in Jackson $2 ; one meal at Jackson 50 cents; assistant at Jackson $2. On Oct. 20th livery to drive to Clear Lake $2; breakfast Jackson 50 cents; railroad fare to Homer 80 cents; dinner at Homer 50 cents; livery at Homer to Litchfield $2.25; livery at Homer to Albion $2.75; assistant $2; two assistants to search hotel at Albion 2; two suppers at Albion $1; lodging at Albion 50 cents and one night and one day's service $4. On the 21st charges were fare from Albion to Kalamazoo $1.20; livery at Kalamazoo to drive to prisoners uncle's $2; same to Clear Lake $1.50; one day's service $2; fare from Kalamazoo to Detroit $4.35; one night's work $2. Oct. 22, breakfast at Detroit 50 cents; followed prisoner to Windsor 10 cents; dinner and expenses at Windsor 75 cents; supper at Detroit $50 cents; one day's service $2. Night of 22nd found prisoner had gone to Jackson. Railroad fare to Jackson $2.30; lodging and breakfast at Jackson $1; one Half night pay $1. During this time it will be noticed says the petition, in substance, if he is correctly informed as to plaintiff's bill, said plaintiff was charging for service day and night excepting that on the 22nd he charges for only half the night.
On Oct. 23 the county is charged up, according to information and belief of deponent, with railroad fare from Jackson to Albion 60 cent; breakfast and dinner at Albion $1; livery at Albion to Litchfield $3; supper at Litchfield 50 cents; day's service $2. Oct. 24th breakfast and lodging at Litchfield $1; livery at Litchfield to Jonesville $2; supper at Jonesville and dinner $1; day's service $2; livery from Jonesville to Hillsdale, lodging and breakfast at Hillsdale $1; half night's service $1. Oct. 25th, fare from Hillsdale to Litchfield 45 cents; dinner and supper at Litchfield $1; one day's service $2. Oct. 26th lodging and three meals at Litchfield $2; fare Litchfield to Ann Arbor $2.50; one day's service $2. Night of Oct. 26th received telephone message from marshal at Litchfield that Walsh was under arrest and left for Litchfield, charging county railroad fare from Ann Arbor to Homer $1.85; livery at Homer to Litchfield and return $3. Paid officers at Litchfield $6; one night's service $2. On 27th fare from Homer to Ann Arbor for self and prisoner $3.70; breakfast and dinner for self and prisoner at Homer and Jackson $2; one day's service $2. Constituting a total bill of $44.55. Deponent further says he believes said Herbert Walsh will testify among other things that said Canfield did not perform the service mentioned and that said Herbert Walsh was located at Litchfield for a number of days and nights immediately preceding the arrest and that said Herbert Walsh, during nearly all the time said Canfield was in pretended search of him was at and about the village of Litchfield. Deponent farther says he has been informed and believes said Herbert Walsh will further testify that said Canfield did not pay officers of Litchfield or any officers the sum of $6 for the arrest of said Herbert Walsh.
That said officers arrested said Walsh and turned him over to deputy Sheriff Bell, and not to plaintiff, and as deponent is further informed and believes also to Sheriff Judson who was in company with Deputy Sheriff Bell at the time and that said plaintiff Canfield was never in Litchfield after the said marshal arrested said Walsh until after said Walsh was turned over to said Deputy Sheriff Bell.
And that said Canfield did not pay any railroad fare from Homer to Ann Arbor for himself and said Herbert Walsh, nor any livery from Homer to Litchfield and return, nor pay said officers at Litchfield $6, nor perform one night's service at $2 after the arrest of said Walsh in conveying him to Ann Arbor and that he did not on said 27th day of Oct., 1895, pay any railroad fare from Homer to Ann Arbor for himself and prisoner and that he did not on said 27th day of Oct. pay for any breakfast and dinner for himself and prisoner at Homer and Jackson nor at either place, and that he did not perform one day's service on said 27th in bringing said Walsh to Ann Arbor.
The remainder of the affidavit relates principally to another witness, one Frank Carnell, known as Arthur Barrington, who is alleged to have obtained money at the American house on a forged check for $33. 85, his disappearance and finally locating of him, at some place in Mass., plaintiffs trip there for purpose of detecting and arresting him and his release because plaintiff did not believe him to be the person who passed the forged check. The deponent farther' alleges upon information and belief that said Canfield before leaving Ann Arbor was armed with a photograph of said Barrington and that when the arrest was made Canfield had said photo in his pocket and yet when he returned to Ann Arbor he brought with him a photo which he claimed was of the man arrested which was in no way similar to photo which plaintiff had in his pocket at the time of making the arrest. Deponent farther says he believes said Barrington will testify that said Canfield never arrested him or attempted to do so. Deponent says he expects to procure the attendance of these aforesaid witnesses - hence his prayer for a continuance.
All of which is pretty hot stuff.