New-York tribune., 1874-07-30

THREE AFFIDAvTTs-A SERIOUS CHARGE AGAINST
JUDGE MoRToN-THR JUDGE DENIES THE ALLIE
CATION IN POINTED LANGUAGE-THE CAsR NOT
TO COME UP FOR TRIAL .GAIN UNTIL N0YEM-
DER.
lBY TELEGRAPH TO THE rRIBUNYi
TOPEKA, Kansas July 29.-Upon the assem-
bling Of the District Court this morning Judge Morton
read long decision overrung the motion to quash the
indictment in the Pomeroy bribery case. The Judge
began by adverting to the Importance OF the case and
to the fact that it the fist brought under the
statute for the punishment OF bribery in Kansas He
then took the nine points OF the notion and disposed
OF them separately in very clear and logical
manner, quoting authorities support each part
Of his ruling, and stating that the allegation
that the election OF Usited States Senator is not
question proceeding that could be pending before the
Legislature In the meaning OF the statute The Judge
said the election Of United States Senator s regulated
by law 1t is prescribed what body shall elect. when
the vote shall be taken and the Of proceeding
II is not proceeding matter, question: 1t is diff
cult to say what other term would be more commonly
properly applied in that popular and plain way
OF speaking which TO constitute what the author
ites the usage OF the language In ispos-
ing OF the allegation That State Senator not state
officer, the Judge sald:
cannot avoid saving that members OF the Legislature
are ID fair aud reasonable acceptaton OF the term,
officers of ne state that the three departments OF
the GOvernDent-the Executive, Legislative and Judi
business for the whole State officers Of the state
With reference the particular meaning Of the stat
ute this point he added:
The offense described giving OF money &c, to
State officer 10 influence him 10 vote. The term vote
has legal meaning. il plainly aud clearly dehned
OF the State officers outside of the Legisa-
ture entitled his official capacity with the
single exception Of the IAeuenantG Governor, who as
President OF the Senate, has a casting OF
take such precaution 20 prevent him from being
brbed and overlook entirely That large body of the
officers duties during the entire session, are 20
vOJe on questions OF the highest Importance 70 the oIate
and 10 individuals.
When the Court reassembled at O'Clock. Mr. Martin
OF the counsel for Mr.. PomerOy offered written motion
for change Of venue 70 another judicial district ana
ored in support of the motion three afidayits The
first affidavit formal assertion by M PomerOy 10
the effect he believed Judge Morton to be biased
and prejudced against him. and that he could not have
fair and impartial trial any Of the counties OF Mar
tins district The second affidavit was by James Rog
ers former state Senator, follows;
James Rogers being duly saws that on the 29ih
January 1873. he was IN L'peRd Il iusas alt dItcF
senator York had made statement the JOINT coz
venOn OF the Legislature relative 10 : g foInr15 pay
ing hum $1,000, in private room IN the llh. House IN
sad city, being present Joan Fletcher dOhh l.
Merqn Mo JIa5 a5O SS M5roo g dse Of anq the o': iii
District, in conversation Win me relative 70 tne
defeat OF s. c. Pomeroy usn ana tlere, grasoths ing
hImiy by the hand said: 1toSer-, We nave zoe te
- old sc0uudTel where we want han, aud Door man
vii hereafter stand some snow WI TO-, ~ ~ td
said c. Pomeroy any OF his attorneys or ie sain
cor
aiant ala make mention OF snen conversation to other
parties AT the time or soon AFTER and said aant says
that the said conversation referred 10 the sdu = -
JAMES ROGERS.
The third affidavit was by Mr. POmeroy averrlns mis-
belief IN Rogerss statement and that ne was never IN
formed of such alleged statements OF Judge Morton
until Tuesday, July 2S, 1874
When the reading Of the afiidavits was concluded
Judge Morton SAID that he would deem II indecate for
bo 10 retain the case and that. therefore he would
send il 10 Usage County in Judge T. b. Heytons dis
trct for further proceedings Having thus disposed OF
the motion. Judge Morton PAID his respects to Mr.
Rogers in the following plain and emphatic style
Ihaye A right to defense OF the aihdnylt OF Mr
Rogers that he grossly mistaken. II 80 happencl
fhat was il OF Senator lngas, az the In.
House when information OF the argcd exposure Dy
l NOTke brought 70 tnc IhOh' n h'' ~
rrcdtcd H. hut upon being assured That sucL pfpceel
ns a are now matters Of history had occurred az Je
| Canity I instantly left the room aAd went 10 my
home feeling and perhaps remarHlng, lhat some casc
/ founded ON these proceedings might come oe
/ a Judge, ana Jhat NY place Was nv
/ there I NAV aud 100. that am not IN the hdp,'
nj .nc such profane language as that siatu 10 rogers
e,iav ana that my feelings Jiat tine ana since
toward Mr.. POmerOy were ana have oeeh OF Che mus
frendly character l remember distinctly Jhat on my
way met more than one OI ny aCl ~. ~
wno addressed inquiries 10 upon the subject tht ha
suddeuy awakened muCn INTEREST, ana JAdt NY a"-
swer IN each was that II there was any Que @ an
VINO should not speak upon the mater N's .i"I i
frust IN common ana common charity, tuat Nj
Rogers has iu intense excitement OF tnat VcCasion
| taken some other man for me-
| The Judges remarks produced quite sensation IN
the court room aud Mr. Rogers, VINO had sat listening
nuety rose and left alone and has not since
been visible The court cOnvenes IN Usage County IN
November next.