The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-28
JUDGE GICk> UNDBR FIRE.
subjected to a Mos, Searching Cross Exam
NATION b. Mr Bailey.

CLEVELAND, OHIO, Nov. 27.-under a
most searching cross-eNaminauoh py
Chairman Bailey, OF the cousresslohai
subcommittee, Judge 4. j. Rcks hest
tated this afternoon and finally pleaded
ignorance of the law regulating the COZ
lection OF fees, the msappIoprlauon OF
which he Is charged with. Ihere was
CONSERVATION among the SIX corporation
LAWYERS who are defending the Judge, ana
"A lively tilt between Mr.. Bailey anu
Judge stevenson Burke followed, IN "niSh
the latter came out second best. ne
hearing W. resumed at L. NJ, win the
courtroom crowded to the doors. Miss
Minnie Lillis, who was employed Dy
Judge Kicks TO make the record IN the
Birdsell case, was questioned by MI.
Bailey She testified that she had signed
a voucher for 500 for work done by her
self in making the records of the Blrdsell
cases, when, as matter OF Iacli sue
had received Sio3 for the work She was
paid $50 "A month by Judge Kicks and the
work on the Birdseil cases occupied about
five months This was after Judge Kicks
had been elevated TO the bench, avn after
the time he was allowed by law 10 col
leCt the fees as clerk Attorney Virgil
i. Cline, for the defence, tried to con-
fuse the witness.
Judge Kicks, you may take the witness
chair said MIR Bailey.
''Will you please state TO me your I'M
derstanding OF the law relating to your
compensation as clerkY'
The law authorizes the retention by the
clerk OF $500 a year and othce expenses,
the rest of the fees collected going to the
Government" answered Judge Ricks
I'm case the fees collected fall short of
3,JJD, can't the clerk collect the def
cheney from the Government
He cannot"
Under what theory, Judge Kicks,
asked Mr.. Bailey weighing every word
and looking at the witness sternly.
could a man earn a fee as clerk after
he had been made judge?
The question had more the form of
direct accusation than a query as IL em-
bodied the exact charges against RIcks.
Kicks answered in voice that was
scarcely audible that a judge could only
collect fees that he had earned as
clerk.
But" interrupted Mr.. Bailey. here We
have case where fee was ordered or
collected while you were clerk The tes-
timony that has been submitted TO the
committee shows that the records for
which you received fees in these various
cases were made after YOU became judge
II simply charged myself with fees while
clerk which | collected as Judge" said
Kicks.
How could you charge yourself with
fees not earned?"
II could charge myself with fees earned
but not collected protested Judge Kicks
Yes; but here you were In the anOma-
lOus position of collecting as Judge fees
that you had not earned as clerk. The
Ohio statutes are very clear as TO the
clerks fees in these cases. They state
that no fees may be charged for final
record until the work is actually per-
formed"
1T Is the custom 10 collect fees In
such cases after leaving the office" said
Judge Ricks, and | thought | sss.s right"
Custom makes law. your Honor" sug-
gested Judge Burke.
Not when the custom is contrary TO
the statutes" retorted Mr.. Bailey, sharp
ly.
The evidence all being in az 5 o'clock.
the committee adjourned. after allowing
Judge Kicks attorneys fifteen days I'm
which to file explanations OF the various
charges and briefs with the committee in
Washington. Judge Burke argued for
thirty days. but Mr. Bailey thought that
IL would be an unnecessary delay.
The committee left for Washington to-
night