The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-08
THE TRICKETT CASE.

Much is being said pro and con in
the Kansas newspapers these days
| concerning the conviction of C. w.
Trickett, the special assistant attorney
general for Wyandotte county, for his
alleged improper handling of money to
pay the costs and fees in one of the
Kansas City, Kan, joint cases. And
good deal of what is being said in a
sort of an arraignment of Mr.. Trickett
are conclusions based on erroneous
ideas of the facts in the case.
These facts are that man named
Hulburt was arrested at the instiga-
ton of Mr.. Trickett for violation of
the prohibitory law. While he was in
Jail his brother went to Mr.. Trickett
and asked what it would cost to set
tie the case and secure the discharge
OF the offender. 1t had been the Gus
tom of Mr.. Trickett as it is with
other prosecuting officers to deal
leniently with first offenses where
promises were made by the culprits
to keep out of the liquor business in
the future. That was the sort of a
case that was at hand. Mr.. Trickett
figured UP the costs and fees in the
case and this was paid to him. The
prisoner then pleaded guilty to the
charge and was given a minimum
punishment. Mr.. Trickett took the
money that had been given to him,
settled the court costs. the sheriff's
fees and was permitted by the proper
officials to retain his own fees in the
case. Afterwards Mr.. Trickett was
charged by the county attorney of
Wyandotte county, on a complaint be-
ing made to him. with committing a
misdemeanor in taking the money
as he did. There was nothing in the
charge accusing Mr.. Trickett of
wrongfully keeping any part of this
money which did not properly belong
to him. The charge was that he had
no legal right to touch the money at
all and that it should properly have
been paid into the hands of the clerk
of the court and distributed by him
to the sheriff and the special assist
ant attorney general and to such other
sources as it belonged.
Perhaps this is a technical violation
of the law and Mr.. Trickett's convic-
ton of it is possibly just but it is moth
ing that reflects any particular dis
credit on Mr.. Trickett. At its worst
it is an exhibition on his part of care
lessness or poor judgment. He GER
tainly committed no serious crime nor
did he interfere in any way with the
administration of proper justice. AS
a matter of fact he did nothing more
than that which has been done time
and time again by county attorneys
and city attorneys in Kansas in the
settling of various kinds of cases. The
instances are without number where
officials of this sort have personally
collected the costs of the case from a
defendant upon its being settled and
then turned these costs over to the
proper authorities. This has been
done by the city attorney of Topeka
in settling police course cases times
without number. And 1t has been
done in other localities of the state.
1t is not a practice that should be
encouraged to be sure but it is not as
reprehensible as some people would
now like to make it in regard to Mr..
Trickett. There is no doubt that Mr..
Trickett has been prosecuted at the
instigation of those interests in Kan
sas City, Kan, which have been SER
iously affected by Mr.. Trickett's sue
cessful crusade against the violators
of the prOhibitory law. And therefore
further remarks on the subject are
not necessary. The higher courts
have yet to pass upon the question as
to whether or not Mr.. Trickett was
guilty of any wrong doing. and if he is
it is only a question of technical
guilt. But be that as it may the law
abiding element, which is in the great
majority in Kansas, is strong in it's
endorsement of Mr.. Trickett for the
valuable services he has given in
eliminating to a great degree the
Illicit traffic in liquors which used to
be carried on in Kansas City, Kan,
and other localities in Wyandotte
county. So fragrant were these viola
tons of the prohibitory law before the
activities of Mr.. Trickett that they
must have been connived in by the
local authorities who are now making
such a mountain out of a real mole
hill in their prosecution of Mr.
Trickett. It's prosecution that may
well be styled as a persecution