The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-23
of what I have explained to this universal

get at Is your motive Do you know any
line of law that justified you in doing
thstr'
II have explained what the custom is
said the Judge
IF it was the custom of clerks to steal
that would not be defense against an In
dictment for theft Mr.. Bailey retorted
that you returned fees in advance as
earned when there was a chance to make
money from them. but did not when they
were doubtful
Il could not be expected to incur liabili-
ties that were doubtful. the Judge an
swered.
The questions and answers passed thick
and fast until the Judge said rather warm
ly: The controller. who Is the accounting
my accounts and the government is not
here complaining of them"
But certain citizens who have never been
indicted for theft have complained of them,
Mr. Bailey retorted hotly. and this commit
has adopted a resolution for your impeach-
ment
LAYTON. of Ohio. land it is now consider.
ing a. reconsideration of the resolution
"And will reconsider it, declared Mr..
Mr.. Bailey asked Judge Kicks If he had
in 1888 sent for Mr.. Sanders, demonstrated
n Mfn n toF SAYING mat In ne
and said that Sanders, having come back
there to practice law had better have him
for a friend than an enemy.
Il certainly did not" responded the Judge
to the last part of the question. and to the
Sanders had denied having made such state
ments.
on the understanding that his vote might
be recorded by Mr.. Wolverton or Mr.. Lay
ton, both of whom have been absent from
voted against impeachment it may be in
ferred that these members will vote like
WISE
CLERK SANDERS TESTTFIES.
Martin w. Sanders, who was Judge
Ricks's successor as clerk of the court for
two years after the latter had been appoint
ed to the bench, gave some testimony
which he had not given in Cleveland. He
had discovered during Judge Rickss incum-
bency. he said, that the masters report
had not been filed in fifteen of the Birdsall
cases in which the Judge had been master
before becoming Judge. The Judge had d.
rected him to prepare masters reports and
date them hack SO he had fixed his stamp
to date them back and Judge Kicks had
signed them as master In March, 1882, he
Judge had accused him of circulating re-
ports that his accounts were not right in
the Brdsall cases. l told him 1 had not
to Mr.. White the deputy 1 marshal 2i said the
witness. But 1 said it was true that you
had not been accounted for Judge
Kicks also said to him, the witness testified
him (Ricks) as a friend than as an enemy
The Judge had also spoken to him about
having lost his money in a patent deal in
New York, and the witness had said: but
you can't give me any money
Mr.. Iayton-You jumped to the conclusion
silent?
Witness-I thought that was what he
was driving at. 1t was curious thing to
bring in at that point of the conversation.
Mr.. Stone-But he did not really offer
you money?
Witness-No, that was my conclusion.
Mr. Powers-I understand you to intimate
that Judge Kicks attempted to bride you.
as it struck me.
Witness explained that the remark about
parted ana he though nothnr Of It 'hgs
had assured Judge Kicks that he would let
the Judge know if the matter was brought
up again He had never talked with the
lawyer for the labor union other than yes
terday One of the union lawyers had
come to him about the case and he said
| he would have nothing to do with it. and
would look over the records for them for
| s25 a day. He had been a candidate for
| clerk of the court. and another man had
been appointed, but he cherished ami
| mostly on that account: He had written
| to the Judge while in New York to help
| him get position.
BAILEY HIT HARD.
What if he did?' Mr. Bailey demanded
| When Mr.. Powers asked If he had dis
cussed the with attorneys for the
| labor union. 81 have seen nearly every
member of this committee talking with
| lawyers for the other side"
| lie trouble WIN you Mr.. Bailey, SAID
| Mr.. Layton, IFS that you take the part of
prosecutor instead of a juror
| Mr.. Bailey said that he was competent
! to govern his own conduct.
Mr.. Layton responded that, Mr.. Bailey
being his committee colleague. he would
| take the liberty of criticising his course
The witness continued that he had not
been employed by the labor union to re-
view the accounts. After his retirement
| from the clerkship there had been uncom-
he had
paid for their completion out of his own
| pocket. His successor had collected the
fees and turned them over to him in these
cases
Judge Kicks then denied that anything
IN the conversation with Mr.. Sanders. or
that he had confirmed his masters reports;
Hat e denea Having naa s M
Sanders to date back masters reports. The
journal would show that he and Judge
were signed, but would not show which
one signed them. When. he sent for Wy
man to know what Sanders had said Wy
man replied: TITS some of Sanders's rot
AT $40 the COMMITTEES went into secret
session on tne case Inc commttee at .
o'clock, adopted, by d vote of to z, the
| following resolution:
Resolved. That while the committee is
satisfied that Judge Kicks has not been
guilty of any wrong committed while Judge
| that will justify it in reporting a resolution
of impeachment, yet the committee cannot
which Judge Kicks made up his accounts"
1t was offered by Mr.. Harrison, of Ala
bama. All who voted for impeachment at
| the last meeting voted against the resolu-
ton, while those who voted against i'm
parchment, with the addition of Messrs.
Wolverton and Layton, favored the resolu-
ton. The vote was:
Yeas-Goodnight of Kentucky, Layton of
Ohio, Wolverton of Pennsylvania and Har-
rison of Alabama. Democrats; Ray of New
York Powers of Vermont, Broderick of
Kansas, Stone of Pennsylvania and Childs
of Illinois, Republicans.
Nays-stockdale of Mississippi, Boatner
| of Louisiana, Lane of Illinois, Bailey of
Texas, Dearmond of Missouri Culberson of
Texas, Democrats; Updegraff of Iowa, Re-
publican.
Mr. Bailey will make minority report.
CNTvu I'M nIIN CT