The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-06

| Eckstein, the attorney for ". 3. Sim
ons, Jr. that upon payment of said
| sum of twenty-five dollars (S25.00 and
! payment of costs as aforedsaid, that
| he the said William p. Campbell,
] would dismiss and discontinue. and
! refrain from the further prosecution
Of said proceedings against the said
| Simons; and that in pursuance Of said
| agreement the said Otto Eckstein, at
/ torney for ". B. Simons, Jr, paid 10
/ the said William p. Campbell the sum
! OF thirty-two and fifty one-hundredthS
! dollars (32.50), whereupon and in con-
sideratiOn Of the payment Of said sum
I OF money and said agreement the said
! William P Campbell dismissed the
said prosecution and wholly discOntin-
Ue1 the same, and that the said W y.
SimOns, Jr., was wholly discharged
from custody and allowed to go hence;
, and that in all the matters and things
relating to said propositions Of pay
ment Of money, settlement and dismis-
sal Of said proceedings the said VIII
liam p. Campbell was acting by rea-
son of his relation to said case as the
prosecuting attorney therein.
That to-wit, about the month Of
September, 1895. the said William p.
Campbell by virtue of his Office as as
commenced a certain criminal proceed
ing in the police court in the city Of
Wichita, before S. NJ Tucker, police
judge Of said city. wherein the state
Of Kansas was plaintiff and the said
John Heron was defendant, charging
the said John Heron with a certain
criminal offense and violation Of the
penal statutes of the state of Kansas,
and with the violation of the prohib-
itOry liquor law Of said state; that
while the said case was still pending
and undispOsed Of, the said William
p. Campbell proposed TO and agreed
with the said John Heron that if the
said John Heron would pay TO the
said William p. Campbell the sum Of
fifty dollars (s5000), the said William
p. Campbell would discontinue and
dismiss the said prosecution and pro-
ceedings against him, the said John
Heron. That thereupOn and in pursu
ance Of said agreement, the said John
Heron paid 10 the said William p.
Campbell the sum Of fifty dollars $50,
but that the said William p. Campbell
at the time of the payment thereof
made further demand upon the said
Heron that he should pay the costs
Of said police court proceedings in adj
Gition to said sum Of fifty dollars $50,
which the said John Heron then and
there refused TO do and took back from
the said William ?. Campbell the said
money and refused TO pay said costs,
whereupon said William P. Campbell
refused TO discon tinue and dismiss
said proceedings and prosecution and
the same is now pending against the
said John Heron
That to-wit, about the month of
-, 1S9- the said William p. Camp
bell by virtue Of his office as assistant
attorney general as aforesaid, COM
menced a certain criminal proceeding
in the police court before S. NJ. Tuck
er. police judge of the city of Wichita,
Sedgwick county, Kansas, wherein the
state of Kansas was plaintiff and the
said Mike Donovan and two of his
bar-tenders were defendants, charg-
ing the said Nike Donovan and his two
said employees with certain criminal
offenses and violation of the penal
statutes of the state of Kansas, and
with the violation of the prohibitOry
law of said state; that while said case
was still pending and undispOsed Of,
the said William p. Campbell propos-
ed to and agreed with the said Mike
Donovan that if the said Mike Donovan
would pay to the said William p.
Campbell the sum Of twenty-five dol
lars (S25.O0) for the said Mike Donovan
and twenty-five dollars ($25.OO) each
for his said employees, he, the said
William p. Campbell would dismiss
and discontinue the said proceedings
against the said Donovan and his EN-
ployes as aforesaid. and that the pur-
pose Of the said William z. Campbell
in making said proposition was TO re
g,n
van in considera ton OF the dismissal
of said cases.
That in all Of the cases above men
toned, the said William P. Campbell
attorney as aforesaid, received from all
of the parties above mentioned paying
him money, certain fees unauthorized
by law and in violation of law in con-
sideration of the dismissal Of said cas-
IS; all Ofwhich was done in willful
violation Of his duties as an attorney
at law and as assistant attorney gen.
eral."
When the charges were presented in
court by Mr.. Stanley, Colonel Dyer
planted his gold spectacles securely on
the bridge OF his nose and began 10
read them. The coloners face was a
study as he proceeded line after line
with the reading of the new charges.
as the ttOrneyS were not Yet dcquaint-
ed with his beardless laugh his smiles
caused some humorous wrinkles of the
eyes. The colonel had his laugh first
and he got up before the judge and
tried 10 smile the charges out of court
Mr.. Stanley could smile a line or two
himself and as he smiled and talked
Colonel Dyer'S face grew more serious.
In a few minutes he found that II was
no laughing or smiling matter. He
then concluded that he had been taken
by surprise and objected. Mr.. Stanley
asked him how he could be taken by
surprise, in having the scope Of the
charges extended. when his answer
asked Mr.. DeTr TO make the charges in
the original complaint more definite
and certain. That i just exactly what
WAS done. as Mr.. Stanley explained,
when further details of Tiger Bits al
legged shortcomings were given in the
amended charges.
Colonel Dyer then addressed the court
on the subject but Judge Dale called
attention 10 the fact that in open court
a few days before Judge Campbell
waived all techniCalities. Il have often
heard il said said Judge Dale. that
when an attorney is his own lawyer ne
has a fool for a client. and this case eX-
emplifies the old saying"
Both attorneys then wanted to know
where they We're at and especially Col
onel Dyer. He said there were only
two ways for charges of this nature 70
be presented. either by the court order
ing them or some party II interest pre-
ferring them. He wanted 10 know
which II was. if any. This query had
no favorable result for the reason be
fore stated that Judge Campbell had
waived al technicalitias. Thera VS.