, 1874-08-04
L Motion 10 Quash tic Indictments
against Staadcn Only Part
, ly Successful.
The One Charging Him with Attempting
to lnjufe the Insurance Conn.,
pany Sustained.


Tho aoaslon Of tho Criminal Conrt ycstert1ay
morning 'sas given up to hoaring lilo arguments
on tho motion to quash tile indictments found
against Nicholas staadon, tho alleged inocn.iary
Jn1Go Gnry oceupto,1 thu bunch. Tho room wns
comfortably full OF spectators, all OF whom wero
able TO Rratify thnr oartoaity, tho prisoner being
prosont, attd occupying conspicuous seat.
| cot. HilnLEy
opened the argulnout by rosdtuB tho first indlck"
mont, which alleged that H.aatleu Ind set fire to
hts building With intcnt to burn aud doatroy 1t.
| 1Io Baid tho Indictment purportud to bo based
upon tho present statute, hut an examination Of
tint statuto failed to disclose any Huch offonao
as Bottlng fro to ouo's property with iutcnt to
burn It," 1ie quoted from tho statute, giving
tho "oyidant ooustruotion Of tho sootlnns and
claiming Tint tho burning Of oNe'a own building
waa no offotDo. untesH tho owner aot fire to It
with intent to.iEntto somebody elao's building;
tho statttto doHncd what that oifcnso aoultf ho,
and fxod tho pnniAhmont, Ills objection to tho
second Indictment, which alleged that Btaalon
sot fire to The building to in1ure tho Etna 1u.
surance Company, was that IL did not doacrbo
tho building either in general OF hproial terms;
did hot state who Owned 1t, Or wLothor 1t was
occupied or not, or wAero tho building was
iocatod, except goncralfY ain tho County Of
Cook." It was oasontisl also to stnto that tho
accusoa lad m interoHt IN tho burning Of Lilo
structure.
I'M. HEED,
in reply, quoted from 8 decision in tho II ILL.,
nuis whorcim tho Supreme Court hold that it wns
not necessary 10 alcgo IN al indictment eat tlo
orty, but simply to charge That tho property was
inanfct which f,all boen dono. 1Io urged TINT
IT mhdo nv difference who oWncQ tho building,
slnco tho Legislature sought to punish mau
41s1ti
tlro an INSURANCE. company. III reference to
the other indictmcnt THO objections TO its Va
!iaity wcro merely technical, and iu his opinion,
Of 10 woight,
held that thu first indictment, "Bett,ng 0ro to
tho building vial Snsout to dostroy It, i" was not
good ono, and ho accordingly quaBhcd It. lie,
howeyer, sustained Tho other one.
Ms. 1'ena romashcd, sotto yoco, that hs did
not "cara d STRAW aluut tho first iuJict-
upon which it was basod waa only two yoars' im-
rrteoHutant aud 4 tua u1l(ler tho ntlor o1lc, It
was tiom one to ten years aud q iino. Ho asked
thas A. tho accusea bo required to picat.
Tho Court cnl1ed tho prisoner to tho bar, and.
through lila counsel, Staadon said " Dot guilty"
6ETrlS1 4 DAY.
Mr. Reed desired Tho Trial set for Wednesday
mornlng. Tho prosecution claimed that it oouid
only tlo building occupied BY stnalen, but otlors
IN the nei9hborlood; Aeuce the case at,oula le
tried Mt olce. as it was necessary, Ii tho tlofcnd-
public good.
Cot, shirlcy said It would bo impossible for
him 10 prepare tho dotonno in 80 short q time :;
to conlpas him to 20 10 trial on tho dry mon.
toied would be Il" 1noctsory OF Jussiec." IIa
,latt known staaden for tFnnty years, aud would
81 show that ho was as innoeont Of tho crime I
charged against him as al unborn babe; but ho |
could not 10 it in tUo days. Mo would show !
TINT wAon Staataon loft tho }remlsos everything
'ras AZ it should bs that ho loft ut O'Clock in
sho o ao md did not rotrn until botwesn
MISC provo wheso he wont.. ana bis rDa-
hon for going; that Lis family woro out OF I
tho city, aud that lo for reercation, went "to |
tue suburbs a'ii nrouni' to see Lis friends, and,
while 10 aas abaent, Aia enomios," Of wl.om |
lie bad many "ooncoeted plot to disgrace hin |
iu bg old ago. Threats had beou mado to bang !
his cont, ani ho (Sb'r1ey) had bccsl aesael for
dsfonding him: lime WIZ needed to got tho |
Titnossou, and do Justice 10 tie accused.
Tho Court rcmuriod thut tho tLoory of orimi- |
mi prosecutions waa tint Wien M Indictment |
was found it was ready for trial immediately, |
l1nlcsa callHe was shown for a continuance |
un ono side OF tho olller Tho fact that Tue !
courts wero bold from mouth to month in this !
thcro was ca1lso shown for continuance, md ]
conceded to he sufficient by tho Atato's Attorney,
Dr pronounced 70 by tho Court, tlcro was no |
discretion on tho part Of the Court to postpone
tho trial.
Mr. Reed urged that tho acfonae had known Of
lug existence Of tho Indictment for wook.
Col. Shirley Wantol tho aasa doiorrctl until tho
September term.
lilo Court would not continue it without
,allfo, uud tho coupsol Hni,l lo would submit M
,fllnvit Hotting forth bio roasolis WHY ho Should
hnye time to mako hlH preparations. lIo began !
Eriting, but coaso1 in il little while, Bayipg thst
10 would prcaant tile document ut tie opon1ug
II tue cours this mosniug.