Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1891-06-16
THE JUDGE BOrKIN TRIAL.


The. Board q Managers Review the Testi-
mony in an Address to the Public.
The board Of managers in the trial of
Judge Theo. Botkin issued an address
to Jnelpublic on June 1st, revlew.Ag
the testimony presented by them before
the senate and condemning the verdict
arrived at by that body.
The report charges the senate
with partisanship in the trial and with
extravaganza in its manner of proceed
ing The eighteen senators who voted
for conviction on the ninth and tenth
charges in the Indictment are mention
ed and complimented. The testimony
showing that Judge Botkin was impli-
Gated in a scheme to rob the city of
Springfield of $4,000 is reproduced.
William Hackney, attorney for Botkin,
who devoted three hours to the abuse OF
the peoples party is referred to in this
manner: I'VE venture the suggestion
that no other judicial tribunal in
Christendom of any grade. or degree
ever permitted so shameful an exhibit
tion of vituperation and malignity as
witnessed in the high court of impeach-
ment sitting in the senate chamber OF
the state of Kansas during the three or
four hours consumed by one of the at
torneys for the respondent"
The case is reviewed in general way
and this comment passed on the action
of the senate in sustaining demurrer to
the fourth, fifth and sixth articles:
"The senate also decided that it was
not an impeachable offense for district
Judge to visit and patronize all the
whisky Joints in his district. There was
no Joint too low for this Judge to visit,
no boot-legger too degraded to become
the intimate chum and daily companion
of this Judge, and yet this high court of
impeachment solemnly decided that
such acts did not constitute a wisde-
meanOr in Office.
In conclusion, the board, speaking of
the respondents acquittal, says: Eel
low citizens, you may we'll ask how this
result was reached. We will endeavOr
to explain. The senate is composed Of
forty members and under the constitu
ton it requires the votes of twO-thirds
of all the members elected voting in the
affirmative to convict 1t was therefore
necessary for the board of managers to
secure twenty-seven votes to convict on
any article. One senator has resigned.
so if the respondent could obtain and
hold the votes of thirteen senators, no
conviction was possible. Only thirty
five senators were present when the vote
was taken and of this number nine votes
for the respondent wOnld prevent con-
viction. Of these nine votes he was as
sured at the outset by five noisy parti-
oh iuin, Of huf he n
faithfully and impartially try the case,
and do justice according to the law and
evidence, were ready to exhibit their
intense partisan determination to acqnit
Judge Botkin, regardless of the law and
evidence, and right royalty they stood
and voted together. To recruit and in
crease this partisan band became the
daily and hourly task of personal and
political friends of the respondent.
Senators, whose sense OF honor and
Justice compelled them to arrive at the
determination to vote for conviction
were bullied and threatened. All sorts
of Influence, political and otherwise,
was brought to bear to acquit this cor
rupt and oppressive drunken tyrant
and we'll did they succeed. But, be 1t
said to the nOnor of the state, that not
withstanding all this there were yet
found in Israel eighteen righteous men
who could not be persuaded, bullied or
bribed to violate their senatorial Oaths.
All honor to these upright men. The
votes of these eighteen senator's, ma
jority of the senators voting and OF
whom eighteen were republicans, justi-
fed the course of the house OF represen-
tatives in impeaching Judge Botkin.
although the state failed to secure the
two-thirds vote necessary to a legal con-
viction, yet the majority vote secured
was equal to moral conviction"