The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-01-19
THE ACCUSED JURIST.
Judge Ricks Will Explain to the
Judiciary Committee.
THE CASE PRACTICALLY sHBLvED.
MT. Bailey, Chairman of the Sub O. Comm nit
tee, Declares That He win Renew the
Charges on His Individual Responsible
ity as Member of the House.

ntr' bniiey, Chairnan OF the Sub-Commft-
tee, Declares That He win Renew the
Charges on His Individual Responsible
ity as Member of the House.
| WASHINGTON, Jan. 19.-The judiciary
committee of the house held a long session
| yesterday over the Ricks case Representa-
tive Bailey, Of Texas, presented the major
ity report, drawn by himself, and Repre-
sentative Brodorick, the minority report.
/ The majority report says tho evidence
! establishes the following facts:
| A. j. Kicks became clerk of the circuit
court for the northern district Of Ohio on
March 20, 1878 and served in that capacity
until July 81, 1889, when he became tho
district judge for the same district Dur
ing the time while he was clerk there
were pending in the circuit court great
many cases brought by John G. Birdsall
and the Birdsall Manufacturing company
against various defendants, involving a
question of patent infringement.
The moneys out of which Judge Kicks
Is charged with having defraudcd tho gov
ernnent, says the report, arc the fees
for making final records In flfty.flve of
these cases, which were not finally dis
posed OF until after he had become the
Judge of the district court. Notwith-
standing the fact that Judge Kicks had
ceased to be clerk of the court he claimed
the right to make the final records and to
collect The fees for that work.
In his own testimony Judge Kicks tes-
| titles that he reported these fees as earned
ana received, but he admitted that they
were neither received nor earned when ha
so reported them. The report quotes an
answer made during the course of the In
1 ypStipatipu 81 In hnxsy Tudo,a RiaEa asca--
tained the amount for which he charged
himself for records in the Birdsall cases,
and says his explanation that he selected
fees in the cases where he knew the parties
| to DO solvent, If true, would dscredit him,
because an honest and faithful officer
would not select solvent litigants for his
debtors and leave the insolvent ones for
the government
The report goes on to argue that the
result of wrongful taking Of these fees by
Judge Kicks was to deprive Martin w.
Sanders, his successor as clerk, of $55 and
the government of $i03.
The report closes by saying that 1t finds
1t impossible to reconcile this conduct
with the rules of common honesty, and,
therefore, recommends the adoption of the
impeachment resolution.
The minority report reviews the charges
from different standpoint, concluding
with this recommendation: 'In view Of
all the facts In this case it is our conclusion
that Judge Kicks is not guilty of any of.
fense, that there was no intention Of wrong
doing and that no moral turpitude at
tachcs. We, therefore, recommend that
tho resolution reported to tho house for
impeachment bo not adopted"
After hearing the reports the Judiciary
committee adopted resolution allowing
| Judge Kicks to come before the committee
and be heard. This is unexpected, and
looks like killing the case in view Of the
shortness of time for action.
Speaking of the action taken by the
committee, and of his intentions, Mr..
Bailey said this morning; Judge Kicks
will appear next Tuesday, and the day
will be taken up with IN examination of
him. An adjournment will be taken un-
til next Friday, and week will be lost.
1t would be nonsense to send resolution
Y - Y y ~ y " =
before adjournment. / do not intend to
drop the case here, While | am chairman
of the subcommittee l must follow the
directions of the committee, but rs soon
as / am released from that office | will
bring the resolution up in the house on
my individual responsibility as a mem
Der q" .".=....
The supporters of Judge Kicks in the
eommittec made the point In their argu-
ments that the charges against Judge
Ricks, If proved, amounted to no more
than a technicnlity, and were done in his
capacity as IL clerk. If any action was to
be taken against him they said it should
be civil suit against his bondsuen, as
clerk to recover the amounts overdrawn.
They particularly called attention to tho
fact that there had been no conccalment
about his course, and all his charges were
matters of record They declare that two
or three who voted for impeachment last
Tuesday have changed their Views and
will change their votes.