National Republican. (Washington City (D.C.)) 1872-1888, 1886-03-03
JUDGE HARRY WHITES CASE.
He is Declared Innocent of Forgery oi
FaIsIflcation-No Grounds for Prose

He Is Declared Innocent of Forgery or
FaIsincation-No Grounds for Prose-
cution.
Special TO the Pitisburg Commercial Gazotte.l
INDIANA, Pa, Feb. 12.-The recent arrest
of Judge Harry White for the alleged altera-
ton Of records, which attracted 80 much at
tention, yesterday came up before Judge
Williams, of Tioga county, holding special
court in Indiana. There has been so much
Misrepresentation about Judge White in
this matter that we give the opinions Of
Judge Williams entire, which make every
thing plain. Judge White and his friends
could not ask for more thorough vindica-
ton from the scandalous and false charges
recently sent to the newspapers Of the coun-
try. The facts are fully stated in Judge
Williams opinion.
The first opinion was rendered on a mo-
ton for leave to withdraw from the files
the unsigned aud unfinished answer Of
Harry White in the matter Of the appeal Of
A. NJ. White from the probate Of the will
Of Mrs. c. b. NJ. White, deceased. 1t Is as
follows:
IN THE ORPHANS COURT.
Opini0n--The facts In this case so far rs they
relate to the alleged change on the records
january last, aud the petition of a. NJ. White
Of Jan. II was presented to us. The facts are
these: When the hearing was had before Judge
the petition of A. NJ White was hurriedly
drawn up for uso at that time, but never
signed, having no jurat or other form of attes.
tation upon II, aud not containing u complete
statement Of the facts relied on. Afterwards Il
complete answer setting forth the facts and
circumstances relied on In their chronological
order was prepared and placed In the hands
OF the examiner. We have this day directed
II to be filed rs ofthe fourth day OF May 1885.
II is properly signed and verified, aud is on
file in the Office of the register. The respond.
ent now asks leave TO Withdraw from the files
the unsigned and unfinished answer The
district attorney objects to this at the Instance
| of one John Montgomery, who is an entire
| court, but who wishes, as we are informed, 10
| prosecute Judge White criminally for sup.
posed forgery or fasiiication of the record BE-,
| place or stend OF the unsigned aud unHnishei
| paper used III the argument before Judge Hun.
| icr.
This objection we override, because we are
most thoroughly persuaded from our own
knowledge OF the papers In question and from
| what has tfnnspired in our presence that no
| crime has been committed. Stripped of It's
| coloring and reduced TO It's real dimensions,
the complaint against Judge White is that In
| an important case, in which he wes personally
interested and his integrity assalled, he thought
best to prepare and sign rs complete and formal
| 1n answer rs possible, instead Of signing and
| defending upon an informal and imperfect one.
In this there Is no forgery, no talsiiication OF
| tbs records, no fraud, no oficnse in law or
| mor,,is. We could not forgive ourselves IL we
| should allow ourselves to be made In any sense
| II patty To- the wrong which II Is the vowed
purpose OF the pcrsch Directing through the
| district attorney TO lntlict upon Judge White.
the accusation Il groundless; such prosecu.
| ton as we are advised Is contemplated would
not have a shred of fact on which 10 stand, OF
a shadow Of excuse behind which to hide.
Judge.Whi holds high position, is widely
known, has sustained himself with credit In
important public trusts and ought not TO be
subjected TO prosecution In the criminal
courts unless guilty of some oiTense. For this
reason we give the leave asked for with great
cheerfulness. H. w. WILLIAMS, T. j.,
Fourth District Pennsylvania
THE HABEAs CORPUS CASE.
Soon after the above opinion was rem.
dered, John Montgomery, against whom
Judge White recently decided q case, and
who has been abusing the judge ever since,
made information against him for The
alleged offense referred to by Judge vii
liams-whereupon Judge White had {
habeas corpus issued and q hearing, Dlstrlc
Attorney Jack making n personal fight, ap
parently, against Judge White. Judg,
Williams gave the following opinion:
A few hours ago, and while holding a specia
term of the orphans court of Indiana county
We had the records, In the appeal Of A.. NJ
White from the probate ofthe VIII Of Mrs g, d
NJ. White before u.s. We then ordered the films
of Judge Whites formal answer as Of May !
1855. After this was done we gave leave Il
withdraw the unsigned and unfinished answc
from the files An objection was made to thi
latter order on beh0lfof John Montgomery,
stranger TO the case and having not q particle
of interest therein, We overruled the objec
ton and filed short opinion giving our ren
sons for such action. II the, action was wron
there is an orderly method of reviewing an
reversing It, Until 1t is reversed our order
conclusive of this subject, the orphans coui
has decided, Oh inspection of its own records
that there has been no forging or falsiIlcatio
of th,m. But before the afternoon sessio
Of the court closed Mr. Montgomer
lodged nm information before
| magistrate, whom we presume (
have been ignorant of the action just had Il
the orphans court, charging Judge White witt
the otlensc which the orphans court had jus
decided had not been committed. A warran
was issued and Judge White was arrested. II
comes now before us on habeas corpus and ask
to be discharged.
We do not think an appeal lies from the oil
phans' court into the quarter sessions, nor ar
we disposed to tolerate such an experiment
This prosecution Is not only without an OK
ouse, but II is in the very teeth OF the decision
of the orphans court Just made, and we hav
no doubt about our duty in the premises an
no hesitation about Its performance, and tn
defendant Is discharged from custody bccaus
the complaint on which the warrant issued
groundlGss, veXatious, and oppressive.
ii. w. WILLIAMS, i. j.
Fourth District Pennsylvania