Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-06-02
A SURPRISING TURN
Taken in the Delamater Case Before
the Supreme Court
FOUR MONTHS TINE ASKED FOR
In the Change of Venue Petition, but the
Court Denies 1t.
ALLEGATIONS OF EXCITED PREJUDICE

dllDLuA11UND UE GAN11I0 41ehS ObASH
ESPECIAL TELEGRAM TO THE DIsPArcH.l
EHARRIsBuRe, June L-Thomas NJ. Marshall
and Charles F. McKenna, of Pittsburg, Dis
trict Attorney Best, of Crawford county, and
George f. Davenport came here to-day, fully
prepared to show that the Delematers had
no justification for the proposed transfer OF
their trial from Crawford to another county,
but the Supreme Court had hardly met be-
George A jerks, of counsel for the defend
ants, submitted an application for continu-
ance of the case until the Pittsburg term of
court next october, on the ground that the
intense feeling existing in Crawford county
against the Delamaters precluded an impair
tial trial He further stated that the refusal
of the creditors of the banking firm to ac-
cept the compromise offered at the proper
time prevented the defendants from secur-
ing the amount required to make the first
payment (Sl45, ,OO0) at the time fixed for the
turning over of the money to the creditors.
while Thomas NJ. Marshall was making
few remarks in reply, District Attorney
Best and Mr.. Davenport rushed into the su-
preme Court room to learn that the Delama-
tiers. whose counsel had expressed week
before great desire for an early settlement
OF the question of a change of venue, were
desirous of a postponement OF the argument
for four months. Mr.. Davenport announced
10 the bench that the unexpected move
would be resisted, as the Crawford county
lawyers had not had an opportunity TO con-
suit with their Pittsburg colleagues. They
retired for consultation and decided to un-
compromisingly oppose the application Tor
a continuance. As they returned to the
court room, Mr.. jerks was reading the fol-
lowing affidavit:
Reasons for the Change.
In the Supreme Court of Pennsylvania,
Crawford County, S., personally appeared
before me, a notary public in and for said
county, George W. Delamater, Victor NJ.
Delamater and T. A. Delamater, all of the
city of Meadville, county and State afore-
said, who being duly sworn, depose ana
saw that under the advice of their counsel
and in preparation of their cases, under the
rule to show cause granted by the Supreme
Court why writs of certiorar1 should not
issue to the Court OF Quarter sessions OF
Crawford County, in Nos. - OF February
time, 1891, and Nos. = of May time, 1891,
wherein q. B. Delamatel, q. w. Delamater,
T. \. Delamater and V. NJ. Delamater are
defendants, respectively.
"They have interviewed many citizens of
said county of Crawford and submitted to
them certain affidavits, like those upon file
on the part of the defendants in said cases,
tending to show great excitement and undue
prejudice among the citizens, taxpayers and
those people who are likely to be empaneled
as jurors to try said cases in case they are
tried in Crawford county against said de-
PENDANTS, and TO such an extent as to pre-
vent fair and impartial trial of said cases
in said Crawford county, and have asked
them to sign and swear to these that they
NAV be filed in said cases for the infornna-
tion of the Supreme Court in deciding said
rules.
Fifty Unknown Friends.
"Atleast 50 of these citizens thus asked by
US during the past month have expressed
their approval of the facts as set forth in
said affidavits acknowledging their knowl-
edge that such great excitement and undue
prejudice does exist through the said CTaW-
ford county, and to such an extent as to pre-
vent tair trial of the defendants therein,
but refused to sign or swear to sa1d am
davits. as they all clearly stated, because
there is such widespread feeling and preju-
dice against the defendants IN TINS com
munity that by so doing they would injure
themselves in their business, social and
other relations of life.
"Deponents do not include a list Of the
names of these persons, for the manifest
reason that by so doing, they having mani
Tested q friendly interest in defendants, and
in opposition to the prevailing prejudice
against them, would put themselves upon
the record and expose them to attack, but
do unequivocally and emphatically declare
that all of the said aforesaid so persons, who
are representative citizens of Crawford
county, have refused to make afhdavits
as aforesaid, because of alleged fear OF in
Jury resulting to themselves therefrom, be-
cause of the excitement, prejudice and gen
ernl frenzy of the public against the defend
ants these cases, and further saith not.
''Sworn to and subscribed before me this
30th day OF May, 1891
"JoHN O. MoCLIYTocK, Notary Public"
Threats of Violence Made.
Mr.. jerks represented that no fair trial
could be had in Crawford county, and in
support of his remarks said an indignation
meeting had been held, at which homicidal
threats had been proclaimed. Passion, he
said, had not only been running high in the
county on account of the failure of the Della
matters, but it was assuming cold-blooded
malice. BY a postponement this feeling
would no doubt be probably allayed and
necessary aflidavits could be secured.
Mr. Davenport said he could not realize
what had produced the change in favor
of postponement of the case. \ week ago
defendants counsel seemed anxious to go
ahead as rapidly as possible. The transfor-
nation was probably due to the fact that the
Commonwealth's counsel had secured $50
signatures to petition dlsputlng the claims
OF the opposing counsel as to the existence
of prejudice which would prevent justice
from being meted out to the Delamaters. He
did not charge counsel for the defendants
with acting in bad faith in the case, but he
did charge it on the Delamaters.
The Application Denied.
At the afternoon session the Supreme
Court decided against the application for a
continuance and announced that the case
would be heard in its order. The case will
probably be heard tomorrow. In their
brief defendants counsel assign the follow
ing reasons why the writ asked for should
be allowed: That there is not only great
prejudice among the people generally in
Crawford county against the DelamaterS,
but there would be among the jurors en-
paneled TO try the case, all being interested
and prejudiced against your petitioners by
repeated allegations and representations of
the prosecutors and dispositions that their
money had been wrongfully used by the de-
PENDANTS.
In brief the Commonwealth's counsel
denies the truth of the allegations of undue
prejudice in Crawford county. "The fair
and impartial trial. the Delamaters want,
Commonwealth counsel say, is zone where
they can be assured in advance of an ac-
Quittal. Indeed it is more than suspected
that they do not want a trial at all, of any
kind, anywhere. 1t is believed they desire
10 avail themselves of the removal of their
cases, for the reasons given by Judge Black
in his record for 50 years, in which not one
resulted in conviction and nine out of ten
have not been tried"