The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-08
RIDICULED BY PAYNE.
Says There Is Nothing at All in the
Charges.

CLEVELAND. O., Jan. -Ex-Sena ator
Payne, when showed the Associated Press
dispatch from Washington to-day in refer
ence TO the memorial presented 10 Con-
gress against Judge Ricks, said:
The charges are ridiculous and out
rsgeous slander. Let Mr. Ritche pay Judge
Burke, Mcconnell and myself what he
owes us and he can get his stock. Judge
Ricks did lot decide the case; he simply
conceded with Judge Layton of Tennes-
see. Ritchie borrowed money from Burke,
Mcconnell and myself aggregating a mil
lion and quarter dollars"
CINCINNATI, Jan. Judge Augustus
j. Ricks arrived here from Cleveland to-
night to sit in the Court of Appeals TO.
morrow. He spent the evening with
Judge Taft and others. He had not heard
Of the Richie memorial until the evening
papers came out
10 a reporter of the Associated Press he
N ade the following statement: "Some
four or five years ago the MeMullens
brought suit in the United States Circuit
Court at Cleveland upon judgment which
they recovered in Canada against S. J..
Ritchie of Akron, Ohio. for some $500, 900.
The record showed personal service on
Richie in Canada. When sued upOn the
judgment in the United States court he
claimed the right to plead defenses which
he should have made in the original court
in Canada.
''The case was tried before United
States Circuit Judge jackson (not of the
United States Supreme CourO and Judge
Kicks. The latter wrote the opinion of
. hn
Judge jackson, and in that opinion the
court held that the Canad judgment Lad
the same force and effect as judgment of
a court of one of the States OF the Union,
and Judgment was given in favor of the
McMuIlens upon the Canada judgment,
with interest. A writ of errorswas taken
from that judgment to the Supreme Court
of the United States. where it is still
pending. The court has had il under sd-
vsemsnt for years.
''In due time the McMullenS flied a cred
itors' bill on their judgment so obtained,
as above stated, and made judge Steven
son Burke, ex-senator Henry 3. Payne,
A. B. Mcintosh of Cleveland and the Cor
nell estate of Akron all part defend
ants, seeking to reach assets and credits
i q their hands to be applied to he salts
faction of their judgment. This case in
due time was heard on its merits in the
United States Circuit Court before Judge
Horace II. Lurton and Judge Kicks.
Judge Lurton took all the papers In the
case to his home 10 Nashville, and after
most care III consideration wFete very
exhanst1Ve opinion decideg the case on
nearly every point against Riichie This
opinion was concurred in By Judge
Kicks"
So that in both decisions rendered In the
case Judge Ricks was fully sustained, so
far as be participated in the cases, by
Judges jackson and Lurton. II he made
any interlocutory orders and they were
complained of, they were fully reviewed
and covered by Judge Lurton's final opin-
ion on the merits of the case. These are
the facts as they will appear from an ex-
animation OF the records of the courts,
and further than this Judge Ricks de-
cIined to make any statement, deeming
the other matters too trivial for notice.
Judge Taft read the above, and from a
knowledge of the case concurred therein.