The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-04
Assistant Attorney General for
WyandOtte Assessed $500.
Judge NewhalI Overrules the
Petition for Rehearing.
TRIAL WAS IMPARTIAL
Case Treated Like Any Person
Convicted of Misdemeanor.
Assistant Attorney General
Shukers Will Investigate.

Kansas City, Kan, Sept &C w.
Trickett, assistant attorney general
for Wyandotte county, was yesterday
fined $500 and costs in the North di-
vision of the city court for collecting
| fees illegally.
Judge M. H. Newhall, before whom
Assistant Attorney General c. W.
| Trickett was tried and convicted last
! week for illegally accepting fees in a
| liquor prosecution, yesterday overruled
| the defendants motion for a new trial
| and passed judgment. Mr.. Trickett
was fined $500 and the costs of the
case. An appeal was taken to the dis
| trict court, M. A. Waterman and L. w.
Keplinger, the latter as surety. The
question of Mr.. Trickett's guilt or in
nocence must now be determined be-
fore Judge McCabe Moore of the dis
| trict court, which is a court of record.
| When the arguments on the motion
for new trial were called Charles
| Shukers, an assistant attorney general
| from Topeka, who was assigned by At
| torney General Fred S. Jackson to in
vestigate the troubles of Mr.. Trickett
| in Kansas City, Kan, made request
| that arguments on the motion for a
new trial in the Trickett case be post
| poned for two or three days pending
! his investigation of the matter. The
prosecution opposed any further post
ponement, declaring that Mr.. Trickett
had been found guilty of misdemean-
or by jury and that sentence should
| be passed.
It was argued that Mr. Trickett
stood the same as any other citizen,
and that no special privileges should
! be shown him. 1t was shown that he
was not entitled to any more rights
than those given other citizens, and
the fact that he had called upon the
attorney generals office for help was
not sufficient cause for the court to
ignore the verdict returned by the
jury.
After overruling the motion for a
postponement of arguments on the
motion for a new trial, the attorneys
on both sides submitted the question
of whether or not new trial should
be granted to the judgment of the
court without arguments. An adjourn
ment was then taken for thirty min
utes to give the court time to write an
opinion.
When Judge NewhaII entered the
court room with his opinion every
seat in the room was occupied by in
terested spectators. In passing judg-
ment upon Mr.. Trickett, Judge New
hall said:
'"Of this case 1 have this to say: I
was called to this bench to do my
sworn duty as an impartial judge, and
1 have done so. In selecting the jury
1 directed the counsel not to select men
from the bystanders, but to go out and
get fair and unprejudieed citizens.
Neither Mr.. Trickett nor Mr.. KEEP
linger, his partner and attorney, made
a motion to discharge the defendant
after the states evidence had been in
troduced. The defendant did not take
the stand in his own behalf, and neith-
er he nor his attorney addressed the
jury.
From the evidence introduced and
all matters pertaining to the case, ta-
int 7 i
better execute the letter of the law and
mete out justice to all parties by al
lowing the jury to pass on the guilt or
innocence of defendant. This 1 did,
with the result you already know.
LAS the counsel for the state and
the defendant have seen flt to waive
argument upon this motion for new
trial, and have given the court no fur
and facts in the case, the court must
decide the matter upon the evidence
and facts already submitted. Being
convinced that this defendant has had
a fair and impartial trial must over
rrle the motion for a new trial. and
leave the defendant to his recourse of
an appeal to the higher court. In this
case I have performed my duty as l
have seen my duty and 1 have per-
formed 1t impartially. There is no fear
and no favor in the law, and while we
all acknowledge the distinguished ser
vices of this defendant, his position
and his services do not place him above
the law. and must treat his case ex-
actly as I would the case of any per-
son convicted of a misdemeanor. In
compliance with the statute, ii becomes
my duty to pass judgment on the de-
fendant and he is assessed a fine of
$500 and he stands committed to Jail
until said fine and costs of this case
are paid"
Assistant Attorney General Shukers,
in speaking about the passing of judg
ment upon Mr.. Trickett, said that he
had no criticism to offer and no COM
ment to make, inasmuch as he person
ally knew nothing concerning the facts
in the case or the manner in which Mr..
Trickett was prosecuted.
II am here to investigate Mr.. Trick
ett's troubles and the manner in which
he has been prosecuted" said he; Il
shall sift this matter to the bottom and
then report my findings 10 Attorney
General Jackson. 1 am sure that Mr..
Jackson is as anxious to know the true
state of affairs as anybody. and if it
develops that Mr.. Trickett is being per-
secuted he will be the first to come to
his assistance, but on the other hand,
if the evidence justifies the finding
made by the jury, he will be the first
to insist that the law take it's course
His Private Car Attached.
San Francisco, Cal, Sept 4-The
private car belonging to Colonel w. c.
Greene. the Cananea copper magnate,
who arrived with his family from the