Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-06-13
You Said You Was Aching for
a Chance to Prove
Yourself limo
cent.
And all You Wanted. Was
an Opportunity to go
Before a Jury of
Your Peers.
Now You are Endeavoring to Sneak
Out Of an indictment Upon
a Technically.

Everybody was surprised this morn.
ing, when Governor Ordway appeared
before the bar of the United
States court and, by his attorney,
Governor @. x. Davis, moved to quash
the indictment for bribery standing
against him in connection with the or
ganizntion OF Faulk county.
This was the governors first appear
ance in court since the grand jury de-
clared him to be IL tit subject for trial for
malfeasance in Office. He was nervous
in manner and as pale as dark, man
vel! could be. lie iigeted in his seat
while the indictment was being read and
the more he tried 10 look unconcerned,
the more concerned he looked It was
trying posltion. He was supported by
his counsel. Governor Q. X. Davis, of st /.
Paul, Hon. I. W. Lansing, of Detroit,
Judge 2. G. Shannon, of Yankton, and
Colonel W. II. Parker, of Deadwood. It
was a formidable array of legal talent
and the presence of such All aggregation
OF noted criminal lawyers made it appear
that Ordway was going to make good
his threat to prove himself innocent.
Governor Davis opened the proceed
ings with motion to quash the indict.
ment upon the ground that the grand
jury had no jurisdiction over tho de.
fendant-that under the law men occu.
pying the position Of governor were not
indlctable for offenses committed within
the jurisdiction OF their official duties
that no matter how guilty Ordway was
in the direction charged, be could not
be punished by court and could only
be punished by removal from Office by
the president-that the governor in
being convicted and sentenced for this
otfense would be removed from office by
such conviction and sentence, and that
such removal was contrary to the law,
which provided that ouly the power
which appointed could remove. In the
states governors were punished by i'm.
peachment in cases Of this nature and
in the territories by removal from Office.
This is general outline of the basis of
Governor Ordway's motion to quash the
indictment. 1t was ably presented by
Governor Davis and ably responded to
by General Campbell, for the United
States.
After Ordway has SO repeatedly de.
o'ared his ability to prove his Innocence
of the charges preferr.d against him and
expressed his anxiety to go to trial and
vindicate himself, this proceeding causes
universal surprise. That he proposes tc
take advantage OF a technicality tc
eyade the trial he said he was
anxious for does not leave him
in very good shape as vindicated indi.
vidual. The grand jury indicted him on
the mass of evidence presented, showing
corrupt transactions in Faulk county
The penalty of q conviction under the
Indictment is fine three times tho
amount of the bribe, not more than three
years in the penitentiary and perpetual
disqualification for any position unde,
the federal government. The grant
jury had nothing to do with the question
of jurisdiction. 1t simply received the
evidence and acted upon it. On til,
other hand the quashiug OF the indict
ment would have no effect upon tb
merits of the case. 1t would simply b.
declaration that a corrupt governor en-
joyed advantages for the pursuit O
wealth not accorded to ordinary mortal
-he could exact bribes and not be amen
able to the law of consequences.
Ordway is innocent it would seem a
though he would prefer to have his trial
! and establish the fact, because if he goe
free through technicality the odium o
the indictment attaches itself to him.
1t is said that Ordway is making prep
arations to show that some of the gran
jurors OF the panel which indicted hin
were ineligible, and that if the first mo
tion to quash fails he will make slmila
motion on this basis. His desire to hav
full investigation IS equal to his desir
to get a chance at d. A. w. Perkins, Q
Hyde county. He publicly declare
that if Perkins would make affidavit t
his statements he would have Perkin
convicted Of libel in sixty days. Pei
kins responded with the required affids
Wit and there has yet been no move tc
wards the promised action.
4:3o p. m.-Judge Edgerton granite
the motion to quash the indictment, an
signed the order for the discharge of til
prisoner. The motion is granted upo
the theory that grand jury has n
Jurisdiction over the sins of an executly
officer. It is barren victory for th
county seat manipulation. Tebbett's cas-
will be decided later.
M u 4
The following programme has bee
prepared for the social to he oiven h