The Topeka state journal., 1908-09-15
Court D:smisses the Criminal
Action Against Him
On Motion of the Attorney Gem
eral, F. s. Jackson.
WAS DUE TO SPITE.
Attorney General Says PrOsecu-
tiOn Was Unjustified.
Jackson Declares That Trickett
Will Be Retained.

attorney General r. >. jackson To-Day
fled a motion in the district court of
Wyandotte county. before Judge Moore.
to dismiss the criminal prosecution
started in the justice court against C
w. Trickett assistant attorney general
in Wyandotte county, which resulted in
Mr. Trickett's conviction.
Judge Moore. upon convening court
this morning, heard this motion as
first order of business and at once
granted the request in its entirety,
throwing the much talked of case
against Assistant Attorney General
Trickett out of court.
When word of Judge Moore's action
was received at the office of Governor
Hoch this morning. the governor COM
menting on the matter, said: while 1
have no disposition to criticise the ac-
ton of the courts that found Mr..
Trickett guilty in the first instance,
yet l will say that I had confidence
in Mr.. Trickett at all stages of this
case against him, and regarded the
proceedings in the light of persecution
rather than prosecution. The anmus
of the fight on Mr.. Trickett 1 regard
as an attack on good government and
an effort to discredit or undo the work
Mr.. Trickett has accomplished and
Will yet do in the future in the en-
forcement of the prohibitory law of
this state
Trickett was charged by Hurlburt
with having collected $500 from him to
settle a liquor case which was pending.
1t is not charged that Trickett retain
ed the money, but simply that, in order
TO settle the case, he collected it before
it was due, and then paid it into court
when the court rendered Judgment
against Hurlburt
In his motion to dismiss the criminal
action against Trickett, Mr.. Jackson
declared that there is no evidence to
warrant conviction, and that the case
IS inspired by malice.
II want to further serve notice on
Mr.. Taggart, county attorney of Wyan-
dotte county" said Mr.. Jackson, that
{. W. Trickett will not be dismissed
from the position of assistant attorney
general of Wyandotte county. He will
continue to hold that position, and con-
tinue to do the work that he has been
doing. There are some matters in con-
nection with Mr. Taggart himself which
1'eXpect to Investigate while in Kansas
City. Charges have been made against
him. and want to see what is at the
bottom of them"
The motion for the dismissal of the
Trickett case is follows:
Comes now F. S. Jackson, the duly
elected, qualified and acting attorney
general of the state of Kansas, under
the instruction and authority of the
Hon. f. w. Hoch governor of the stale
of Kansas, empowering him to prose-
cute and take charge of the prosecution
of this action and moves that said ac-
tion be dismissed for the following
reasons:
now on file in this court and the testi-
mony which was reduced to writing on
the trial of the case in the lower court,
from whose judgment this case Is
brought to this court on appeal, shows
that no criminal offense has been COM
mitted and that a trial of the case
could not lawfully result in convic-
tion of the defendant of the commits
sion Of any offense against the laws Of
the state of Kansas.
stSpcOnd-That said record and evil
dence show upon their face that thera
is no conflict in the evidence and no
questions of fact to be determined in
said case, and that all questions which
are for determination in the suit are
questions of law. and not of fact, and
that therefore there is no necessity to
submit the case again to a jury in this
court.
"Third-The testimony given in the
justice court, which has been reduced
to writine by the official stenographer
of this court. a true copy of which Is
attached to this motion and filed here
in, does not show, nor tend to show,
that the defendant c. w Trickett is
guilty of any offense or of any unlaw-
full conduct.
''Fourth-The defendant is charged
with neither bribery, unfairness, nor
taking excessive fees. Such charges
are made impossible by the fact that
the whole proceeding upon which the
charge is based so far as these offenses
are concerned. has been approved by
Judge Holt in whose court the suit was
pending at the time Of the commission
of the alleged offense.
"The defendant is charged. however,
under statute which provides:
Every officer who shall by color Of
his office. unlawfully and wilfully ex-
act or demand or receive any fee or
reward, to execute or do his duty or
for any official act not done, or to be
done that is not due, or more than is
due or before it Is due, shall be guilty
of an offense, etc
1T is insisted by the attorneys prose-
cutting this case in the lower court that
the defendant is guilty under the abova
statute of having received official fees
before such fees were due. The evil
dence in the case, including the testi-
mony of the prosecuting witness and
his attorney. a member of the bar in
high standing who was present dur
ing the entire transaction, does not
tend to show that the defendant re-
ceived any money at all, but the un-
disputed testimony does show clearly
and conclusively that the money given
TO the defendant was given to him for
the purpose Of being paid to the clerk
of the court, and that the defenda nj
was the mere trustee thereof. the
money held by him being subject to
the order or withdrawal of the de-
fendant himself at all times until il
was paid to the clerk.
"Fifth-So far as any money in
which the defendant had any interest
at the time the money was turned over
to him, such money was due at the
time he and the defendant paying the
same reached an agreement as to the
amount of his compensation. and such
money could have been lawfully paid
to the defendant at said time.
''Sixth-That this action was COM
nenced against the defendant from
malicious motives without the consent
or approval of the county attorney OF
said county and that this prosecution
has been due to such motives or to
continents or resentment against the