The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-09
The aalhita Daily gayle Sunday gflorime ebruaru 1886

had pulled all the wholesale houses but
Schnitzler's, and he couldn't catch him.
When asked whether he pulled Polk, he
said he had and that a case was now
pending against him. When asked
what was done with the liquors in the
Taylor case ne guessed they were still
at The police station, If the chief hadn't
drank il all up.
Mr.. Stanley and Judge Balderston
were put on the stand-to prove that the
dismissal of cases by q prosecuting
officer was no uncommon thing when
public interest would be subserved
thereby.
This ended the evidence and the de-
Tense not insisting on their motion 70
have the stenographer's notes tran
scribed, Judge Dale told the attorneys
10 proceed with the arguments
The attorneys for the prosecution
We're Messrs Stanley, Wall. Sankey.
Helm and Dean Gordon. and after all
Of them looking at one another, Judge
Wall arose and said:
Your honor. l don't know what the
other gentlemen think OF this case. but
speaking for myself, / Will say that Il
is my belief that the prosecution has
entirely failed. 1 am not going 10 dis
bar Judge Campbell, pracdcing al
tOrney for thirty years without stain
of corruption on his record and presid-
ing judge of this court for nine years,
on the evidence Of Pat Heron, who
said under oath in this court only two
or three hours ago, that he has not
been in the whisky business during the
past two years"
Judge Wall continued TO speak for
fifteen minutes on the same line and
was applauded twice by Judge Camp
bells adherents. The court put a
stop TO the applause.
Mr.. Stanley made a mighty stron g
argument in favor of Furnishing Judge
Campbell, after first saying that while
the judge was eccentric nobody in the
committe would accuse him of dishon-
esty or acting on a corrupt motive. He
did not believe nor could anyone make
him believe that Judge Campbell in
tended to take fees from a corrupt or
dishonest motive. He insisted, how
ever, and made a powerful argument on
the proposition that Judge Campbell
had violated the law. He quoted liber-
ally from the statutes.' His strongest
point was that if Judge Campbell was
acquitted there would be a precedent
established that would establish a reign
of corruption in office that would be ter
rible
Mr.. Helm made a similar argument
and a wonderfully strong one. He did,
however, cOncede Judge Campbelrs
honest intentions.
Dean Gordon and Mr.. Sankey did not
speak ar all.
Colonel Dyer. A. NJ. Sttrdevant Judge
Balderston and Judge RUggles aimed 10
speak for the defense. but Judge Dale
told them it was unnecessary and this
was, OF course, an intimation of his de-
cision.
Judge Dale first thanked the commit
tee for the work they had done and the
disagreeable task they had to perform.
He hoped that during his four years OF
office he would not have anything else
so disagreeabIe as il. With this intro
duction he announced that the prosecu-
ton had utterly failed to make a case
against Judge Campbell. Ee referred
to Mr.. Stanley's argument concerning
the character OF Judge Campbell for
honesty and integrity and also the pre-
cedent spoken of as dangerous. THAT
is the question exactly" he said, 'and
Mr.. Stanley asks where we are at. We
are at a point that we must elect an
attorney general that knows the law
and is competent 10 advise on II. The
trouble is not with Judge Campbell; IL
is up at Topeka. He then said that
the advise Of the attorney general given
TO the request of Judge Campbell set
tied the question of motive. He did
not consider nor did the evidence justi-
fly the conclusion that Judge Campbells
action in taking fees under the circum-
stances as shown was wilfully corrupt
or knowingly illegal and nothing was
left for him to do but to acQuit the
accused. He said, however, that the
practice of taking attorneys fees in
cases dismissed would not be tolerated
in his court no matter whether the at
torney general advised such a course
or not and that he would hold TO that
rule until he was reversed by a higher
court than his.
The result Of the case was great dis
appointment.
WHAT a CITIZEN SAYS.
a prominent gentleman of this city
on hearing the result Of the presecu-
ton exclaimed: Farce" going on 10
say that hereafter jointists who may
desire to evade the law can do so by
making satisfactory arrangements
with either the attorney general or his
assistant, while it is true that Judge
Dale intimated that such practice will
not be recognized by him hereafter 1t
nevertheless remains If il was right
and legal for Campbell 10 receive mon
ey and fees on the side, in the past, no
order or expression OF Judge Dale can
make IL illegal for the future. Mr..
Dawes. who was scored and peeled. as
q scape goat, cannot be guilty of a
wrong and Campbell be right in the
same thing. II Dawes Instructions
are above both courts and laws as
seemed 10 be held by the bench. then
that settles that so far Is Wichita is
concerned and her people can get ready
for the next outrage. As for those
citizens who swore that they paid
Campbell money TO avert punishment
they can't see him too quick after the
result Of the prosecution. unless they
are ready 10 leave town for good. The
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