The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-06

ed States district court. Tucker was
sentenced after he was placed on the
witness stand and afforded an oppor-
tunity to substantiate his charges
against Judge Pollock and others.
Tucker was put in Jail last night.
The attorneys for Tucker. especially
Albert /. Wilson of Kansas City, who
filed the affidavit, We're severely con-
sured. Wilson was not allowed TO take
part in the court proceedings. John
Marshall a New York attorney, said
to represent w. r. Hearst, and the at
torney general of Ohio, Mr.. Monnett,
were both in the court room, but
neither of them appeared openly in the
case. Marshall was denied admission
to the circuit court bar when motion
was made by A. L. Wilson to admit
him Monday.
Judge Hook came from St. Paul es-
pecially for the case. He arrived just
in time to get to the court room at
o'clock when the case was set for
hearing. After the filing of fuckers
affidavit Monday, Judge Pollock tele-
court of appeals, in session in st. Paul.
that objection had been made to his
sitting in the case. He also said that
reflections had been made on him and
requested that some judge be desig-
mated to come to hear any testimony
that might be offered to support the
allegations. Judge Philips was in st.
Paul, but his name was mentioned
along with Judge Pollock and he could
not sit. and the same applied to Judge
Mcpherson
Charged Railway Influence.
In his petition for a change of venue
Tucker charged that the prosecution
was the result of a conspiracy by the
Standard Oil company to crush out the
Uncle Sam Oil company and prevent
it from competing with that company
in the sale of refined oil. He charged
a conspiracy on the part of the Santa
Fe, the Chicago, Burlington Quincy,
the Kansas City Southern, the st.
Louis e San Francisco and other rail-
way companies operating in this part
of the country to prejudice Judge Pol
lock of the district of Kansas, Judge
John +. Philips of the Western district
of Missouri and Judge Smith McPher-
son of the Southern district of Iowa
against the Uncle Sam company in IA
vor of the railway companies and the
Standard Oil company.
Tucker then said in his petition that
Judge Pollock, Judge Philips and
Judge Smith Mcpherson, in company
with Gardiner Lathrop, general solicit
tor of the Atchison, Topeka & Santa
Fe railway; Samuel Moore. general So
licitor of the Kansas City Southern
railway, and o. M. Spencer, general
attorney of the Chicago, Burlington &
Quincy railway, were entertained In
the private car of Gardiner Lathrop
on a trip to Tampico, Mex, January
%, 1906, lasting two weeks. At that
time and since, Tucker said, the rail-
way companies had surrounded Judge
Pollock with persons who had pre-
JUDGED his mind against the Uncle
Sam company and against the manag-
ing officers of the company
He said also that the conspirators had
caused to be written to Judge Pol
lock letters, purporting to be written
by stockholders. for the purpose of pre-
JUDGING his mind, and that a bill in
equity presented to Judge Pollock con-
tained many false statements which re-
suited in the filing of an information
charging the Uncle Sam company with
fraud For these reasons. Tucker said.
Judge Pollock was so Influenced that
he could not give a fair and impartial
trial.
Then, Tucker cited, Judge Pollock
fixed his bond at $4,000 which was un-
and then fixed the bonds
of the temporary receiver and petition
ing creditors unreasonably low.
In the hearing of his motion to dis
miss the case it is charged in the pc
tition that Judge Pollock had relied