The Wichita daily eagle., 1894-12-09

the place of Matt Wall and Jack Dav-
| idSon on Douglas avenue IN the city or
| Wichita, Kansas, where the liquor law
was being violated and crank lntoxicat-
ing LIQUORS and there said to Matt Wall
and Jack Davidson that il they would
| nav the costs in the case pending
against them in the district court and
the additional fee as attorneys in the
cause that he wouldn't prosecute the
cause against them any further, and
| that in pursuant of the agreement Dav-
idson and Wall did pay Boone the cost
in the case and certain amount Of
money as attorneys fees, the exacet
| amount of which is to this affiant un-
| known but which tbs affiant believes
to be about the sum of 500.
That w. H. Boone also entered the
place of BUSINESS of Clayton & Fieeman,
| where the liquor law was being violated,
and drank a certain amount of intoxi-
| eating liquors and informed Clayton &
| fleeman if they would pay the cost in
the case pending against them, TO him,
w. H. Boone, county attorney, and also
pay him certain amount of attorney
fees, that he wouldn't prosecute the
| cause against them any further; that
the parties, to-wit: Clayton & Fleeman,
did pay the cost in the case TO him, W.
H. Boone, and also did pay him GER
tain amount of attorney fees and that
| Boone did agree then not to prosecute
the said cause any further. and that
Boone did then appropriate the same to
| his own use.
| That at another time during the sum-
mer of 1894, and on Sunday, Boone en-
! tered the place of Clayton & Freeman
| on Douglas avenue, and at that time,
| one Harry Sutton and Bedford Wood,
police officers OF the city Of Wichita,
| Kansas, attempted to enforce the or
dinance of the city of Wichita, and
4 the statute of the state OF Kansas,
| and have the place closed up, and
! have the parties cease violating the
| laws of the state of Kansas; that at
/ that time Boone was in the place drink
ing intoxicating liquors and was drunk,
and that Boone ordered Clayton &
/ Freeman not to close the place; that
1 he then and there agreed TO protect
them in the violation of the laws, and
/ that he then and there dared the police
! men TO attempt to enforce the laws or
| to close the place; that Boone became
! so noisy and boistrous on this Sunday
! that he was, by the officers of the law,
thrown out Of the said room and out Of
| the building into the street and gutter;
| that at the time Boone was drunk,
noisy and boistrous; that Boone has,
, at various times, and with various
other parties named herein, brought
certain criminal suits, either in the dis
trict court of Sedgwick county, Kansas,
or in the justice of the peace court be-
fore some justice of the peoce in the
city of Wichita, Kansas, and has
agreed with the parties in the case TO
dismiss their cases or to
refuse to prosecute them further if the
parties could pay Boone an attorney
fee, and else pay the costs of the suits,
which attorney fees and cost and all of
which cause heretofore mentioned in
this application, Boone, at all times,
appropriated the same to his own use
and kept the same and refused and neg
lected to turn over the same to the
county of Sedgwick, Kansas, all of
which said acts Boone has been guilty
of the willful violation of an attorney
and counsel at law during his term as
county attorney Of Sedgwick county,
Kansas, in this, tc-wit: That W. II.
Boone, as county attorney, commenced
a certain action in the name Of the
state Of Kansas, against Charles En-
giles, and that Boone, while the said
criminal action was pending, accepted
from Frank Moore, the brother-in-laW
Of Engles, the sum of $500, and that at
that time he accepted the money from
Moore he knew that Moore was the
brother-in-law of Engles, and that he
accepted the money with the agree
ment and distinct understanding be-
tween him and Moore that the cause
against Engles should not be prose
missed and the costs paid, all of which
acts Boone did while acting as county
attorney, and that Boone has been
guilty Of various other acts unprofes-
sional, and has been guilty of violation
Of many other duties as attorney-at-
law, in this, to-wit That at various /
times since his office as county at
torney, and while acting as county at
torney, he has been in the various
joints and saloons of the city of Wich-
ita. drunk and boisterous; that often
and frequently he has violated the
laws of the state of Kansas and Of the
ordinances of the city of Wichita by
becoming intoxicated in the saloons;
that he has frequently purchased wines
and liquors in the various saloons and
joints of the city Of Wichita. and has
ordered and directed the keepers of
the places TO charge the same to him
in this manner, to-wit: That he has
told them that he would keep the same,
the said liquors and wines, and would
give them credit on their fines; all of
which said acts were wilful violation
of the duties of attorney.
Wherefore. Your petitioner prays
that the said W. H. Boone may be dealt /
with according to law. and that these |
accusations herein made may be in ,
vestigated, and the said Boone dealt |
with as prayed, according to law
The above document was signed by !
Mr.. Shelton and acknowledged by Mr.. |
White.
The court took the following action |
relative to the petition of Mr. Shelton.
In the district court of Sedgwick /
county, Kansas. In the matter of ". !
II. Boone, an attorney at law.
THE court having received informa- |
tion duly sworn by W. J. Shelton, that /
w. H. Boone, one of the practicing at /
torneys at the bar of this court has /
wilfully violated the duties of an at
torney and counsellor at law.
1T is ordered that the charges, as 1
aforesaid made in writing on oath by |
said w. J. SHELTON be Immediately plac |
ed on file by the clerk OF the circuit 4
as in case of information and that said 4
said Boone with copy OF the charge so /
as aforesaid made in writing by said /
SHELTON and that the said clerk further I
notify said Boone that the case will 4
stand for hearing on the 18th day of De- l
cember, 1894. C REED,
Judge of the district court"
The papers were served on Mr.. Boone /
at 1880 by Deputy Sheriff William Hays 4
and Mr.. Boone acknowledged service.
Yesterday afternoon, or about noon, |
a warrant was made out for the ar /
rest of Lawyer SHELTON on the COM |
plant OF County Attorney Boone. The /
case was not filed at o'clock. but the I
county attorney acknowledged to a re- /
porter for the Eagle last night that I
the charges were made and that Mr. I