New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-23
JUDGE KICKS EXONERA TED.
THE HOUSE JUDICIARY COMMITTEE De-
CLINES TO IMPEACH HIM.
CHARGES MADE BY TIE CLEVELAND CENTRAL
LABOR UNION NOT SUSTAINED BY THE EvI-
DENCE-TIIT JUDGES PRACTICE OF

RECORDING FEES CONDEMNED.
Washington. Jan. 2c-Augustus J. Kicks. Judge OF
me District Court II the United States FOR the
Northern District Of Ohio. appeared before the
House judiciary Committee to-day 10 reply TO the
charges made against him by. the Central Labor
Union OF Cleveland Ohio He was accompanied by
Virgil L. Klein and Judge Saunders. OF Cleveland.
JuIg, Kicks In opening. referred TO the allegation
made In the memorial OF the Central Labor Union.
to the effect that he had fraudulel;y appropriated
some sl..05s In what known as The Birdsall
Patent ceses He had fully accounted for those
fees he said Judgment IN the cases Was rendered
while ne clerk Of the court; His dccountings
in the matter were entirely Satisfactory 10 the
Treasur, and to the Department Of Justice. lie
hal never heard any fault found gI;ii the Labor
Unioas memorial made the charge Mr.. Cuberson
asked him by what rule he split up the ,ecs ami
plt them In records for different years. AMI why
H. did not report all 1T once. lie had the privilege
OF actin he d.l. ne said Fees were estimated
and collected before the record made up. This
vas the custom ~ the Office anl fees were often
collected before the final record was made. This
had been done in the B.r!slr cases. He hal
charged himself with some $50 % fees earned tut
not collected. Aferwarl h. reimbursed himself.
which he had perfect right to do. lie had not
made dollars profit. Under the law he had
perfect .!ght 10 estimate for a final record. This
WAS the custom. T. might not be based Oh law.
b.; il was allowed by the Department Of Justice.
In replr 10 a question. he SAID that judge he
nal never approved accounts made by himself as
clerk Referring 70 the charge In tire repor, that
IN case 80 80" he hai received fees ami mad
never accounted 20 the Government FOR them. he
SAID these 'ccs had not been reported 10 him Oy his
deputy. ana for this reason were not reported by
him Tho case vas st pending
Martin ". Sanders, formerly clerk IN Judge
Rlckss court In Cleveland. took the stand. and
testified that he WAS deputy clerk while Judge
f..fr .,I f..r -ar1 ha.n oil
temporarily when Judge Kicks was appointed
20 the Bench. He ter,lhed thrt fees wnch he
supposed his clerk We're turned over 10
Judge Rcis on the latter's claim that the witness
was only temporary clerk while he niicks) was
the real clerk. He also told OF going to Judge
Rickss house. At the lat:er's request. and OF
being accused There by the Judge OF having crcu-
la,el stories that Ricks had accepted fees and
not accounted for them This I'm March. 1893
Witness denied that H. had circulated such
story. but said 20 the Judge: 1t is nevertheless
true that you lii get fees but they have not been
accounted for" During the same couyersation
said the witness. judge Kicks toi MN. You had
better De my friend than ms enemy
MIR Sanders said he insisted 70 the Judge that
be Ghe witness was entitled 20 the fees but the
Judge claimed that they belonged 10 himself Judge
witness N he htd not lost money In the patent
business IN New-Nork and the witness answered;
"NHs. but YOU can't XIV" me any. Pressed by
members Of the committee 10 why he made
srch an answer Mr. Sanders said h, took the
judge question 10 ~ Il lhlNiN 40 o4tc''hN ''i'"
money.
An attempt was made by Mr. Powers. OF Yer
mont to show that Mr. Sanders was an Interest,"
witness. having an anlinus against Judg" KICKS.
The witness said he had l'ft Judge Kicks. after
the Interview ia a friendly spirit. and Mr. POW
re wanted To know II n" parted friends with a
man who had tried 10 brbc him. Mr. Sanders re-
piled that Judge Kicks had not attempted To bride
him He admitted that D." a.d not feel friendly
toward Judg. Rlcka but denied that II was be-
cause the Judge had appointed another man cl"rf.
Mr. Sanders also denied that H. had been in con
forenc" with tn labor people who had brought
the Charged against Judge Ricks He had not me-
any OF them until he ran across them on tn"
train coming to Washington yesterday
Judge Kicks was recalled lie denied that there
was anything said by him In the conversation
befter that Sanders should have him for a friend
rather than enemy
RI" committee spent two hours In executive
session discussing the matter. Mr. George T. Har-
rison dem. Ala) offered the following resolu-
ton:
That while the committee Is not satisfied mat
Judge Kicks has been guilty OF any wrong com
mt:cd while Judge that viii Justify II In report
ing a resolution OF Impeachment. yet the com
under which Judge Kicks made UP his accounts
This resolution adopted by a vote OF mn"
o seven q follows: Yeas Goodnight tNy). Lay
tDhio). Woverton Uenn.l. Harrison tNaa;..
Ray IN. W Powers Wt). Frederick lkan): VIII
lam 4 Stone PENN. and thilds tlIL), Nays
Cubprson Crexas). Stockdale (Miss). Boatner t-a);
Lane nll). Bailey Texas). De Almond 'ioD' ana
I'pdegraff Gowa)
Mr.. Bailey will sim persist In reporting IN favor
OF the irnpea chment Of Judge Kicks. and when the
matter comes up in the House VIII endeavor to
have that body adopt his recommendations