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

have. by rebates and concessions. dis
company, and fuckers answer was
snapped yes"
Judge Hook then asked Tucker if
he believed that he Judge Hook
was in the conspiracy when he chose
Mr.. Loon1is to conduct the examina-
ton.
Tucker answered NO
In his testimony Tucker said that
he believed that less than ninety of
the 5000 stockholders of his company
had anything except the utmost con-
fidence in him. He added: Il have
no feeling III this case except to keep
the Uncle Sam Oil company from the
clutches of the Standard" IL
In passing sentence Judge Hook
said:
There is no precedent for an affi-
davit of this character In all of my
experience / never heard of such
thing being done in federal court
My observation is that a judge is
supersensitive about sitting in a case in
which he ought not to sit. The judge
even acts in advance of the sugges-
ton of Interested parties or of counsel
From what I know of Judge Pollock.
he answers fully to that quality. If
there had been an honest, bona hde
belief in the minds of those connected
with this case that some other judge
would have been more likely to see
gestion of that fact orally to the judge
would have accomplished all that was
desired. This scandalous affidavit was
prepared and with no opportunity
given to the judge to say L will not
sit in the case it was placed upon the
records of the court. The clerk was
forgetful of his duty when he filed it
and placed it upon the records of the
court.
To Create a Sensation.
H.
troduce a sensation into a trial rather
than protect the rights of litigant-
That was all that it was for. and not
content with the malicious intimation
concerning the judge of this court, the
names of two other judges are brought
in. The venerable judge of the West
ern district of Missouri, who, since
May s, has been performing labors in
St. Paul and Duluth that would tax
the ability and capacity of younger
men, even he is assailed in this af-
fidavit. He had no connection with
this case, it was not supposed that he
ever would have any connection with
the case.
mot only that, but the name of the
judge at the Southern district of Iowa
is brought into it, Not that they want
ed, according to the affidavit's testi-
mony, to use those judges as witnesses,
but simply to carry out the thinly veil
ed purpose of injecting a sensation into
the trial of this case; scandalous. ma
licious affidavit, put upon the records
of the court behind the judges back,
not for the purpose of getting justice,
but to prevent the judge from exercising
his right to say, L will not try the case
Il can scarcely conceive that such a
thing would deliberately be done. I can
scarcely conceive that counsel, having
charge of the interests of this man
would allow him to become entangled in
such a disreputable affair. 1 believe
from Mr.. fuckers own testimony that
he entertains no sincere belief that the
charges made in that affidavit are true
and that he entertained no such belief
when that affidavit was prepared and
signed and sworn to. The Judgment of
the court is, Mr.. Tucker has been guilty
of fragrant contempt of this court, de-
signed to impede and obstruct the adj
ministration of justice, and that he be
confined for three months in the Leav-
enworth county Jail C
1T may be worthy of observation thai
confine this proceeding to Mr.. Tucker
and do not extend it to the counsel who
actually filed the affidavit. I should OBJ
serve in that connection that Mr.. Will
sons reflections in the future on that
bar, and the desireo1f every good, SIN
cere lawyer to stand well, will be a
sufficient punishment I don't think
considerations of that kind can reach
Mr.. Tucker
Mrs. Tucker Not Surprised.
At the home, Sixth and Minnesota
avenue. Kansas City. Kan. last night,
Mrs. Tucker was engaged in supervis-
ing the mailing of the regular report
Of the Uncle Sam company to the
She is 22 years old, but
has been the cashier, and confidential
clerk, we'll as the helpmeet in do
nestle affairs, of the secretary, since
his election to the office about two
years ago. Around a long table, in
the parlor there We're fifteen men and
women, employees of the company.
They were folding the statements and
inserting them. into long envelopes.
Mrs. Tucker merely looked on or made
an occasional suggestion. There was
nothing in her manner to indicate that
the news of her husbands sentence
had arrived within the last hour.
To the question. ffWhat do you think
of your husba nd's sentence?' Mrs.