Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-02
QUAY'S FOES IN JAIL.
The Luckless Libelers On the B Beaver
Star Are Badly Soaked
$500 FINE, COSTS, SIX MONTHS
And Severe Lecture From Judge Wick
ham. All in One Big Dose.
A HOPE FOR LENIENCY In THE FUTURE

ESPECIAL TELEGRAM TO THE DIsPATcH.l
BEAVER, Feb. 1.-The severe sentence
against the managers of the Starin the Quay
libel case was totally unexpected here. The
sentence was that ]. A. Mellon and W. H.
Porter, of the Star, pay the costs of the
prosecution, 5000 fine and undergo impris-
onment in the county Jail six months.
1t was some time after the assembling
of court at o'clock this afternoon,
when Mr.. Mellon appeared within the bar
enclosure and sat quietly down near his
counsel. Soon Mr.. Porter entered and sat
by his partner. Both men were calm but
very pale, and evidently expected some
thing out of the ordinary. When Judge
Wickham, before passing sentence, asked
Mr.. Daugherty whether he had anything to
say on behalf of his clients, that gentleman
said he had nothing except to repeat that
they had not been fairly tried under the
rights guaranteed by the Constitution of the
State. Mr.. Mellon was then directed to
stand up, and the Judge addressed him as
follows:
The Judge Reviews the Facts.
In imposing sentence brief reference to
the facts in the case will not be amiss. John
Bardsley appropriated over 81, 100000 of the
public moneys. No Pennsylvania was ever
before even charged with so gigantic an EN-
bezzlement. The enormity of Bardsley's
crime, in degree at least, measures the
gravity of the offense with maliciously con-
Meeting the name of an innocent man there
with. Without any more apparent cause
than would exist in the case OF any of the
thousands who honestly received checks
from Bardsley during his official career, you
cutor with being an accomplice of the great
defaulter and sharer in his nlunder.
Before the publication you had in your
possession the prosecutors denial, if any
were needed. In his sworn Information he
again averred the falsity of the published
charges. Had your arrest been followed by
a retraction, or even by silence. 1t would
malice instigated the original publication.
You seemed determined, however, to leave
no possible room for such an inference In
direct repetition of the old appeared in the
editorial columns of the Star up to and in
cluding the first day of the trial.
From one of these libelous editorials, pub
lished only a week before the srial began, 1t
would seem that you were acting on the
amazing theory that ii a newspaper accuses
a man of crime he is conclusively pre-
sumed to be guilty until he proves his inno-
cence in a court of Justice, and that even
there his own denials are entitled to no
weight.
Piling Up Libels Mountain High.
Mot content with thus mercilessly pur-
suing the prosecutor, you, in number or
editorials already referred to, vilified and
ridiculed the gentlemen OF the bar en-
ployed by him to conduct his civil suit and
aid in the criminal prosecution, the evident
purpose being to stir up partisan feeling and
intimidate the counsel in the discharge OF
their duty. Your clearly intimated view,
that it is contrary to a lawyers duty to aid
in bringing to Justice men of his own po-
litical faith charged with crime, is novel,
to say the least 1t may be added that any
lawyer habitually acting upon it would de-
serve to be disbarred.
There is doubtless not on record another
libel case where the pursuit of the party as
sailed was so unrelenting, persistent and
vindictive. Regardless OF the feelings of
the prosecutor, his wife and children. who
wore and are your neighbors, you hung on
to him with bulldog tenacity until a jury
pulled you off. At the trial, even after the
prosecutor proved his innocence, you con-
scintilla OF evidence 20 establish the proof
of your charges, and not more than scin-
tilla to disprove malice.
1t would have been better to have frankly
admitted the falsity of the matter published,
as was done in a manly way by the parties
tried for printing similar libel in the Pitts
burg Post. The case was SO clear as to make
it absurd to suppose that any II men who
could have been selected from jury panel
would have acquitted you.
sinned Away the Day of Grace.
Nearly two weeks have elapsed since your
conviction, yet not one word of explanation,
retraction or apology has appeared in your
newspaper. Under the circumstance, to
make the sentence unduly light would be to
turn the proceedings heretofore had in this
court into o mockery and to condemn and
judicially abrogate the law itself. For your
sal1es, and, indeed, for my own am panied
that YOU have left the Court without the
shadow of a pretext for being largely merci-
full. In conclusion may add, that if you
had libeled the humblest man in Beaver
county to the same extent that you have
traduced the prosecutor, the same sentence
that is here imposed would be inflicted.
The severe sentence above noted was also
imposed on Mr.. Porter. Both men looked
as if they had received blow when they
were consigned to the custody of Sheriff
Martin and then escorted to the county
Jail. Their cell is large, roomy and almost
cheerful, on the second tier in the quarter
usually assigned to female prisoners. 1t
Will be carpeted and fitted up with furni-
ture by the occupants and made as comfort
able as possible for their long vigil.
The Chances for Future Clemency.
1t is believed here that after serving
short period of their sentence application
will be made to the Pardon. Board, and that
Senator Quay will exert his influence to
procure an amelioration of their sentence.
Their counsel, Mr.. Daugherty, however, in
reply to question, expressed the opinion
that there would be no intercession on the
part of the Senator.
A report has been current here ever since
the conviction that the fine and costs will
be paid by the Democratic State Central
Committee. The majority of prominent
interviewed here regard the
sentence as unduly severe, as the impress
sion prevailed that Senator Quay would be
satisfied with mere conviction and pay
ment of the costs. 1t is believed, however,
that Judge Wickham took the matter in
his own hands. Among Democrats there is
but one word that expresses their idea of
the case, and that is awful"
Messrs. Mellon and Porter, the prisoners,
admit that they expected light penalty,
but will make the best of their unpleasant
and will edit their paper as usual
if the iail officials will allow it.