The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-14
AGAINST WILCOX
Report of Special Commits
SiOner Disbars Him.
Seven Good Causes Against
Harper County Attorney.

missioner, recommended that e. z.
Wilcox, of Anthony, be disbarred for
unprofessional conduct and question
able practice. Hearing on the report
has not been determined and a date for
arguments will only be set on motion
, of Wilcox's attorneys to set aside the
report. Cole declined to discuss his
findings.
The report and evidence which Cole
filed with the supreme court covers
nearly 1000 typewriter pages. In the
large majority of charges filed against
Wilcox, who was until recently coun-
ty attorney of Harper county, Cole
believes that the evidence is sufficient
to warrant his disbarment. Even the
fact that Wilcox was acquitted in To-
peka last summer on a charge of crini-
nal libel against Judge Preston B.
Gillett, is not in Coles mind sufficient
to block a review of the evidence
against the Anthony lawyer and he
checks the matter squarely up to the
supreme court to establish such a rul-
ing in the face of the facts as pre-
scented.
There are seven distinct and separ-
ate charges against Wilcox. Distinct
findings are made by Commissioner
Cole on each of these charges.
The first charge against wilcox was
concerning questionable professional
conduct in a divorce suit of D. Guilt
son against Katherine Cullison. Will
cox drew petition for Cullison, then
filed cross-petition for his wife. The
case was compromised and later Will
cox urged Mrs. Cullison to bring an
other suit. 1t was pending when Gull
lison died. 1t appeared that Wilcox
sent his stenographer to Mrs. Guilt
son to get an assignment of her pro-
perty rights, failed to receive it and
filed suit against the woman for $500.
Later the suit was compromised for
500. Cole declares that this action
was questionable and not becoming
member of the profession.
On the second count, the evidence
also appears to be against Wilcox. In
August, 1906 it is charged that he
read in open court certain dispositions
in which ne had without authority
this charge, Cole found, was clearly
against the Anthony lawyer.
Again, in charge No. 8, Wilcox is
charged with questionable practice.
He had claim against F. G. McMul-
len, owner of a furniture store, Sc
cured a deed of trust and sold the
stock valued at $4,000 to Blake Broth
ers. 1t is charged that the inventories
were never shown or furnished by
Wilcox and that a large amount oe
was transferred. This charge is not
clearly proven, though, in the mind of
Cole.
The fourth count charges that Will
cox attempted to secure Frank Ven
nom to make a false affidavit against
the personal character of Judge Pres
ton B. Gillett in order to secure a
change of venue from Gillett's court to
another district. Certain statements
by Wilcox concerning Judge Gillett
were also charged as unprofessional.
Wilcox is held guilty in part on this
charge.
Count No. 5, charges that Wilcox was
entrusted with the collection of an ac-
count against one Jacob KerZer and
| that when the collection was made he
| compelled Kerzer to pay a larger
amount than he owed. This charge,
| in Coles opinion, is not sustained by
| the evidence. The sixth count covers
| a miscellaneous assortment of offenSes
unbecoming a lawyer of high standing.
On them Wilcox is held guilty in part.
The seventh count and the one most
familiar to Kansas people concerns the
recent Gillett libel suit in which 1t was
| charged that Wilcox was instrumental
in securing certain false affidavitS in
order that he might intimidate Judge
Gillett in the prosecution of the dis
barment suit then pending. In this
suit it was charged that Wilcox, to-
gether with his bosom friend Corey
Black, of Council Grove, employed two
detectives-H. c. Ericsson and H. C.
Medlock-who with the aid of Charlotte
Thomann of Summerfield, induced
Leta Foster. a 14-year-old country girl,
to make affidavit that on the morning
January 80, 1912, Judge Gillett had in
duced her to come to his room in the
National hotel in Topeka. These affi
davits We're startling in their nature
and following the admittedly false af-
fidavit of the Foster girl, both Err
ricsson Medlock and Mrs. Thomann
made corroboratioe affidavits.
ALL of the five persons connected
with the libel and blackmail scheme
were arrested In the trial of the case,
Black and Ericsson We're convicted,
/ but Wilcox was acquitted because the
/ evidence did not connect him closely
! with the transaction. Subsequent to
this verdict, Medlock and Mrs. Tho
mann pleaded guilty and are now
| 81 900 and Ericsson sentenced to a
year in Jail. They have appealed to
/ the supreme court.
Evidence from that case were used
i in the disbarment suit In his find
| ings Cole says in referring to the fact
that Wilcox was acquitted in the Shaw
nee county court and that he cannot
| again be tried for the offense: eff
such is the proper rule, your honors
will have to declare Them Coles re-
port tnen declares Inat WILCOX acteo
wrongfully and reprehensibly in the
doing of acts charged in the complaint
and violated his oath as an attorney
and counselor at law. 1t closes with
the recommendation that he be dis
barred.
! The Wilcox case was one of the most
sensational ever heard in Kansas. Will
cox, who is man 43 years old, located
/ in Harper county in the SOS. has pros
pered IN the practice of law and is
considered very wealthy. He is married
and the father of several children.
| Application will probably be made in
a few days to set aside the findings