Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-08
JUDGE KICKS STATEMENT.
His Reply to the Charges Made in the
Richie Memorial.


Judge Augustus ]. Kicks arrived at Gin
cinnati from Cleveland last night to sit on
the court of appeals today. He spent tile
evening with Judge Taft and others. He
had not heard of the Richie memorial to
Ger gress until he read the evening papers.
To a representative of the Associated Press
he made the following statement:
Some four or five years ago the McMul-
lers brought suit in the United States Cir
cult Court at Cleveland upon a judgment
which they recovered in Canada against s.
j. Kitchie of Akron, Ohio for $;5Uu,OuO.
The record showed personal service on
Ritchie in CANADA. When sued upon the
Judgment in the United States court, he
CLAIMED the right to plead defenses which
lie should have made in the original suit
III Canada.
The case was tried before United States
Circuit Judge jackson (nOw of the United
States SUPP eme CourU and Judge HICKS
Inc latter wrote the Opnion of The court,
Which was concurred III Dy Justice JACKSON
ana In tnlt opinion the court held that the
Canada judgment had the same force and
effect as the judgment of a court Of one OF
The states of The Union, and Judgment was
gwen favor of the McMuIIers upon the
Canada judgment with interest. A writ OF
error was taken from the judgment to the
supreme Court OF the United States, where
UIder Amusement for years.
In due tune the McMuilers filed a cred
itorS bill upon the Judgment so obtained as
above stated, and made Judge Stevenson
Burke, ex-senator Henry b. Payne, A. Il.
Mcintosh Gf Cleveland and the Cornell es-
tate OF Akron all parties. defendant seek
ing to reach assets ana credits IN their
hands TO be applied to the satisfaction OF
their judgment. This case, in due time,
was heard upon it's merits by United States
Circuit Judge Horace II. Turton and Judge
KICKS. Judge Turton took all the papers In
the case to his home in Nashville, and after
months OF careful consideration, wrote a
very exhaustive opinion, deciding the case
upon nearly every point against Richie.
1nis opinion was concurred in by Judge
Kicks.
SO that in both decisions rendered in the
cases. Judge Kicks was fully sustained, so
far he participated in the cases, by
Judges jackson and Turtcn. If he made
any interlocutory orders and they We're
complained of, they were fully reviewed
ard covered by Judge Turton's hnal opinion
on the merits of the case.
These are the facts as they will appear
from an examination of the records OF the
court. and further than this. Judge Kicks
declined to make any statement, deeming
the other matters too trivial for notice.
Judge Taft read the above. and from a
knowledge or the case, concurred therein.
Serious ChnrEes Against Judge Kicks.
Charges of a sensational character
against United States District Judge Au-
gustus j. Kicks of Cleveland are contained
in memorial presented to the House OF
yesterday. Representative
Johnson of Ohio secured immediate con-
sideration fer a resolution instructing the
Judiciary committee to Investigate the
charges and without debate the resolution
was adopted. The charges are made under
oath by Mr.. S. j. Ritchie of Akron, Ohio.
wealthy capitalist of that section. While
directed mainly at Judge Kicks they indi-
rectly affect Judge Burke and ex-United
States Senator Payne of Cleveland.
Mr.. Richie gives the names of formid-
able array of counsel in Washington. Cleve-
land and Akron who have been retained in
his behalf. These include Messrs. Hemph1lI,
and Wilson and Butterworth
of Washington, keruch 4 Company Of
Cleveland and Judge Epson and Messrs.
Green, Grant & Lieber of Akron.
The charges involve losses reaching &c.
OOO,WW Mr.. Ritchie claims to have suffered
in decisions made by Judge Kicks, affecting
Canadian copper and nickel mines.