The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-27
HERE'S HIS RECORD
How Galen Nichols Has Failed
as County Attorney.
A Few Leaves from the District
Court Proceedings.
REBUKED BY JUDGE.
Either He Is Ignorant or
Grossly Careless.
Why 1t Was Necessary to Dis
miss One Criminal Case.
County Attorney Tried to Pro-
ceed by Custom

Galen Nichols has served one term as
county attorney and has made an ig-
nominious failure as a prosecutor and a
lawyer. He has been publicly rebuked
by Judge Hazen and the county COM
missioners have been forced in looking
out for interests of the tax payers to
employ other attorneys to handle cases
which should have been looked after by
Galen Nichols. The commissioners long
ago found Nichols both incompetent and
dilatory and ceased to ask him for ad-
vice.
In spite of this Nichols asks for re-
election. Can he expect it upon his rec
ORD, leaving entirely out of the question
the liquor prosecution?
Judge Hazen. while delivering an
opinion in the case of the State VS.. A. F.
Poole. charged with stealing chickens,
rebuked Mr.. Nichols in no uncer rtain
| language. Poole was charged by Mich
OILS as county attorney with stealing
chickens. There was some irregularities
| in the drawing of the legar papers and
the conducting of the case by Nichols
which gave the attorneys for the de-
to free their client. The technicality
was argued on motion May 81. AT
that time Galen Nichols was in Wichita
! attending the Republican state conven-
ton and he paid no attention to the
case On June Judge Hazen decided
the motion against Poole and in doing
SO said.
If this was question of diligence in
finding authorities this motion would be
| decided in favor of the defendant"
meaning that the county attorney had
failed to produce authorities to combat
| the defense. The attorneys for Poole
| were the only ones who presented auth
critics and argued at length. The pros
! ecution has not presented authorities
but the court has looked up authorities
| on its own account"
On May 13 Mrs. Carrie Nation was
tried on the charge of breaking into the
Moeser Ice and Cold Storage plant.
When the case was ready for trial ].
M. Dumenil. attorney for Mrs. Nation,
said: I'VE object to the introduction of
any testimony on the ground that the
names of the witnesses have not been
endorsed on the complaint
1T is not necessary in a misdemeanor
case" said County Attorney Nichols.
Judge Hazen looked up some authori-
ties and later said: Can you cite the
law which does not require that names
of witnesses be endorsed on the COM
plaint?''
We'll, no, not just now" said Mich
OILS. Il was going by custom mostly
We don't go by custom here" said
Judge Hazen. What L want is law.
The case will be adjourned until 80
o'clock to give the county attorney the
time to find the law"
When court convened County Attor-
ney Nichols was unable to cite any
authorities but custom to sustain his
point and Judge Hazen dismissed the
case against Mrs. Nation Attorneys
say that one of the first principles of
criminal procedure is that the names of
the witnesses shall be endorsed on the
complaint in order that the proceedings
may be fair and that the defendants
shall know what witnesses are to be
called Galen Nichols was either ignor-
ant or he wished to persecute Mrs. Ma
ton by unfair means.
On October 1. H. Kicker was tried on
the charge of running a road house at
Twenty-third and Polk streets He was
arrested on June 20, 1901 by Frank
Stahl, chief of police. and several Off
GERS City Attorney Spencer prosecuted
the case. There is a state law against
road houses and part of the charge
against Kicker was that he sold liquor.
notwithstanding the nature of the case
Kicker was defended by w. I. Jamison,
the colored assistant county attorney,
who was appointed to the place by
GaIen Nichols. Nichols, instead of pros
ecuting Kicker, allowed one of his dep
uties to defend the man.
A year ago when E. H. Hewins, the
Democratic candidate for sheriff
brought mandamus action against
County Clerk John M. Wright to com
pei him to place his name on the ticket
regardless Of the biennial election law,
Galen Nichols refused to look after the
interests of the county clerk under the
plea that he was too busy. 1t is the
duty of the county attorney to look after
cases brought against county officials,
but Wright was forced to employ an
other lawyer to defend the case for him
and the county attorney took no hand
in it whatever and refused any assist
ance.
Before Charles d WeIch was appoint
ed county auditor he brought two cases
against the county commissioners for
persons injured by county bridges fail
ing. In those cases Nichols defended the
} county commissioners and lost bott
cases. The cases were brought by o
MarteusoH. who secured a judgment fol
' $1,000 for the loss of time and expenses
resulting from the injuries to his son
who was injured by a bridge collapsing
, Charles Martensen, the son, secured
; judgment for 5000 for injuries
After Welch was appointed count,
e auditor Samuel Parr sued the county
commissioners for S.. .0S0 for injuries re
; ceived in q bridge falling. It was no
l part of the duty of the county auditor
: to act as a lawyer in the defense o
1 cases against the county It was tn,
: duty of Nichols but the commissioner
knowing his incompetency employed
I Welch to defend the county, and pal,
r him $3.50 for his services. Welch won tn
o case for the county. and Parr did no
2 secure any judgment
e Galen Nichols was the prosecutor in tn
case of Roy Daniels charged with kill
t ing Frank Dev1in in a fight which too
e place in ar: East Fourth street joint. Dan
e iels was acquitted. The lawyers IT n
e defense displayed a thorough knowle1g
/ in the trial CT the case of the explanatio
given by rhe physicians who were place
on the stand to give expert testimony. TIL
l, lawyers for the defense had studied up o
le physiology and displayed a thoroug
n knowledge of the effects of blows such q
Devl'n rcrriE-ed- Nichols displayed