St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-23
fusion of the BirdseII cases with other

III llleS6 eases ldu DGeu 6dI ueN anu It
celved, they had not actually been
II think" replied the judge, "that
the oath can be fairly construed in the
light of what l have explained to this
universal custom"
The Judge was abont to explain this
construction OF the law when Mr
Bailey said: The committee can pass
upon the law without testimony. What
l want to get at IS your motive. Do
you know any line of law that justified
you in doing thai?"
Il 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 indictment for theft" Mr..
Bailey retOrted. Your testimony, as L
understand it. is that You so returned
fees in advance as earned when there
was chance 10 make money from them
but did not when they were doubtful"
II could not be expected to incur liza
bilities that were doubtful" the judge
answered.
The questions and answers passed
thick and fast until the judge said,
rather warmly: The comptroller, who
Is the accounting officer OF the govern
ment. is satisfied with 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.
land this committee. which is part Of
the government. has adopted :he reso-
luton for your Impeachment"
mot while l WAS Here's
spoke up Mr.. Laniton (OhiO), land it is
now considering reconsideration OF
the resolution"
And Will reconsider it" declared
Mr.. Powers.
Mr.. Bailey asked Judge Kicks if he
had in 1898 sent for Mr.. Sanders, re-
mOEstrated with him for saying that he
(Ricks) had not accounted for fees i'll
The BlrdSe!l cases. and said that Sanders
having come back there TO practice law
had better have him for 4 friend than an
enemy.
II certainly did not" responded the
Judge to the last part of the question,
and 10 the first part assured the COM
mittee that Mr.. Sanders had denied
having made such statements. Mr.
Goodnight (Ky.) at this point was eX-
CUSed on the understanding that his
vote might be recorded by Mr.. WolVer-
ton or Mr.. Layton, both Of whom nave
been absent from previous meetings.
As Mr. Goodnight has voted against
Impeachment. 1t may be infeIre that
these members will vote likeW.se
Martin w. Sanders, who was Judge
Kicks successor as clerk of the court
for two years after the latter had been
appointed TO the bench, gave some teSti-
mUny which he had not given in CieVe-
land. He had discovered during Judge
ira q
masters report
Esad Not seen Filed
in fifteen of the BirdseIl cases in which
the Judge had been master before be-
coming Judge. The judge had directed
him to prepare masters reports and
date them back, so he had fixed his
stamp to date them back and Judge
Ricks had signed them as master.
In March, 1898, he had been sent for
by Judge Kicks and the Judge had ac
cused him OF circulating reports that his
accounts were not right IN the BirdSCll
cases.
II told him that had not circulated
the reports and had only spoken to Mir.
White, the deputy marshal, said the
witness.
But l said it was true that YOU re-
celyed the fees in these cases and they
have not been accounted for
Judge Kicks also said 20 him, the wit
ness testified. that it would be better
for him to have him (RIcks) as friend
than as an enemy. The Judge, had also
spoken to him about having lost MS
money in patent deal in New York
and the witness had said: But you
can't give me any money"
Mr.. Layton-IOu jumped to the con-
s.rT
to keep silent?
Wituess-I thought that was what he
was driving at. 1t was a curious thing
10 bring Il at that point of the cOnYer-
satiOn.
Mr.. Stone-But he did not really offer
you money?
Witness No; that was my conclu-
sion.
Mr. Powers-E understand you to in
innate that Judge Kicks attempted 10
bribe you?
WiMess-I only relate the converse
ton as it struck me.
Witness explained that the remark
about their being friends was made
when they parted, and he thought moth
ing of it. lie had assured Judge Kicks
that he would let the Judge know II the
matter was brought up again. He had
never talked with the lawyers for the
labor union other than yesterday. one
of the union lawyers had come to him
about the case, and he said he would