Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-03-03
STOCK YARDS LOBBY
CAUGHT AT B00DLING.
Continued From First Pnge.

1 next to rise to question of personal privi-
| lese He said he had never seen this man
| Boyd and had never been approached by
| any man for Doodle purposes at this ses-
1 sion nor at any of the three, other sessions
which he had attended as a member. Il
/ am not afraid. to answer to niytconsfituents
| for anything / do here" said he. ,''I am
/ not afraid of them. 1t is bad policy for a
senator to attack the character of an
other on account of words spoken by a
confessed boodler. I leave 1t for others to
Judge whether there was such man on the
floor of this senate as Boyd"
When it got around to Ex-Governor Lew
cling. he arose and read Il statement that
contained an explicit denial of all. charges
of bribery or anything else that would be-
smirch his record ! He asked that the
statement be spread. on the record, and
unless objection is made tomorrow it will
! go there .
After reading the statement the ex-goy-
ernor spoke quite freely for few minutes
ard denied all completely with the expose
or that he had ever been approached by
anyone for any purpose. He made a sharp
thrust at Senator Titus, referring to him
as my distinguished young friend from
the short grass country" and declared he
would answer to the people of Sedgwicl,
county, and not to any senator. AS he
said this, he looked at Titus. His face
was flushed and he spoke with emphasis
and some show of spirit. 1t was evident
the whole affair was considered by him as
very annoying. Plainly, he was mad clear
through at being mixed up in the dirty
deal. 1t was only a few days since Senator
Titus gave Senator Lewelling a severe
scorching, and the Wichita man paid it
back with full legal interest
/ - All Enter DepfaIx
Senator Field denied the whole affair.
and Senator Helm. who had served three
terms as senator. said this was the first
charge ever made against him. He said
the statement, SO far as it applied to him.
was false.
Senator Farrelly referred to the charges
made by Senator Titus, and said it did a
reat injustice to the senator's named He
" as charitable enough to believe it was
m ade in an unguarded moment, He
Thought the action of the young man was
one, that ought to be a great lesson to him
a no teach him that the words of one who
n; vi sought to corrupt him ought not to be
us ed to drag Others down. He denied the
cf erges IN fuH. so far as he was concerned.
hEpfying 10 the volley that had been
hui ded at Elm from half dozen sources
Sen ator Titus said that at no time had he
a bought of implying the charge of cor
ruptaon against the senators named. Their
nam es' mad been used simply in giving a
full report of the conversation AS to the
intim ation that Boyd was n myth he an
roun eed willingness to have a full inves.
tisatl on made. and declared he was ready
and'a nXious to meet it at any time.
At $50 President Harvey directed Ser
geant- alarms Gray to bring Mr. Tuche,
before the bar of the senate. 1t was also
ordered: tnat Attorney General Boyle ap-
pear and conduct the examination.
The CuIprit, Tucher.
Mr.. ncher, who has raised the greatest
row in Kansas since the York-Pomeroy
scandal was then brought in. He is man
nearly nix feet tail, weighs 16e pounds. and
is prob ably 55 years old. His luxuriant
hair Is quite gray. and is worn thrown
back IN Il high roach from a broad, high
forehead His features are regular. and
indicate energy and force. His black eyes
snapped with spirit as he took his seat and
he sat and strolled his beard and curled his
while the preliminaries were be-
ing arranged. He was dressed fairly we'll,
and, while his face was somewhat flushed,
he showed marked composure as he sat
there. the target for nearly 1000 eyes
He aske,1 to be represented by counsel
and requested that Jerry Mohler, of Salina,,
and John %. Wilson be sent for. They ar
rived, and the clerk read the complaint,
MFR. Tucher with contempt.
When the charge was read, Mr. Mohler
e sked that all of the proceedings of the
s, fnate be read, and when that was done
as ked for leave to consult with their client.
Tn at was granted and they retired to a
COZ 1mittee room. When they returned At
torT,cy Mohler arose and asked leave to
Withdraw the plea of not guilty. He said
the ;tccused was arrested and charged un-
rs <at,1 ha.r
made that plea. Consent to withdraw the
plea given. A special plea was then filed
that Tucher was not guilty, that
the senate ought not to proceed, as the
was indefinite, and that the facts
charged were not sufficient to constitute
contempt 1t was also set forth that it was
a criminal charge of felony of high degree
and the case ought, if true, to be tried in
the state courts, and any trial would tend
to establish prejudice against him in the
courts. For these reasons he asked to be
discharged by the senate.
Argued Pro and Con.
Speaking to the plea, Mr.. Mohler said the
attempt at bribery, if made, was made to
a senator in the committee room NOT to
the body. or on the floor OF the senate, and
did not in amy way disturb or annoy the
senate in the discharge of its duties. 1t
was violation of the criminal laws of the
state that ought to go to the courts for de-
If he went on the stand and
told his story and was purged of contempt,
that acquittal could not pe plead in any
court. 1t was a snare to railroad man
possibly 10 the penitentiary. Let the GEN.
ator who preferred the charge put it in the
hands of the proper court officers and let
the criminal case be met in criminal
court.
Attorney General Boyle. replying, said
that contempt could be either in or out of
the presence of the senate. Anything that
tended to interrupt, delay, embarrass or
obstruct the course and proceedings of the
senate, he held. was contempt. He said the
senate needed no declaration of statute or
to puni3h for contempt. That
power was inherent. He held that an at
tempt TO corrupt a senator was one of the
most vicious forms of contempt. He held
the prisoner was legally arraigned. the dig
nifty of the senate had been called into
question. and the senate had ample power
to proceed. He read from Cushings Prac-
tice to support his claim.
Replying. Attorney Mohler claimed that
Cushing's writings would, If read at length,
clear his client. He held that contempt in
the presence of the senate means in the
senate chamber, and that the alleged action
was committed outside the senate cham
ber.
The course of procedure he held was
wrong. The senate had not yet adjudged
the alleged act as a case of contempt Re
plying to Attorney General Boyles state
ment that libel published on the lawmak-
ers had been held contempt and even pun
ished, he said that was In the house of
parliament and he called Mr., Boyle.s at
tn no anf h1t