The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-01-20
SENATOR QUAY INDICATED.
Verdict In His Favor--Jury Only Gu
Twenty Minutes.

Twenty Minutes.
PIrrsDUEGli, Pa, Jan. 19.-Whcn court
resumed hearing the Quay lbol suit this
morning the room was crowded. Tho
interest increases as the case draws
towards tho close, and the proceedings
were listened 10 with wrapped attention.
Taylor Fauncc, OF Philadelphia, the
expert accountant, was the first witness.
He had examined the books OF tho Key
stone bank and found deficiency Of
81 100000, but found Senator Quay's
namo upon the books OF the bank only
in the matter OF the certificate previ-
ously referred to.
John A. Mellon, ono OF the dcien-
dants, was called and admitted the
publication. On October ~ he ercceivcd
communication from Chairman Kerr,
OF the Democratic state committee, say
ing important matter had been sent for
publication. The clcctrotype was re-
ceivcd the following day near tho time
OF going to press. ue thought the mat
ter was for public information and pub
lished it. The headlines "Quay, Too,
Was in II" were sent upon slip OF
paper accompanying the elcctrotypc.
W. Ii. Porter, the other defendant,
said he had been connected with the
paper since September and knew moth
ing oil the publication OF certificate in
advance, except having seen the electro
type. Mellon was recalled. He said
he had no knowledge OF the articles in
advance OF the publications. The de-
Tense here rested their case.
The question was raised by Mr.. Mar
shall Tor the prosecution US to the ma
ture OF the publications. The court
said in reply that there is distinct
line between privileged communica-
tion and q privileged occasion. The
view OF the court was tha% the occasion
twas privileged, but the communicate
was not. at was the duty OF the news.
paper man when he hears anything,
the effect OF the publication OF which is
to destroy the reputation OF 4 citizen,
to examine carefully the alleged facts.
He has no right TO publish all that.is
dumped into the office"
Mr.. Daughcrty then began the argu-
mcnt for the defense. He referred to
the rejection OF the Democratic jurors,
and claimed the jury Tas packed. Tho
publication was near the close OF o
heated campaign, and insisted whether
true or false the papers had right to
publish them rs matter OF public in
tercst. Near the close Mr.. Daugherty
said: '.If any man should say a jury
was ever before selected as this one has
been he would be branded as liar"
"Then say it,, retcrted Mr.. Buchanan
for the prosecution.
81 do say it,
"Then he is liar" exclaimed attor-
Teys buchanan and Martin in chorus.
The judge here intcrlercd and restored
order.
Attorney Thompson then opened the
case for the commonwealth. He said
the right OF the press must be always
subordinate to tho rights OF individuals.
At the conclusion OF Mr.. Thompson's
argument, Judge .Wickham delivered
his charge, and shortly before l o'clock
the jury retired.
The jury, after being out twenty mill
utcs, returned verdict of guilty rs in
dictcd. The penalty is 4 fine not to
exceed $1,000 or imprisonment, or both.
1t is believed that Senator Quay will
intercede in behalf OF the defendants.
After the verdict had been rendered
the defendants were permitted to,dc-
part, their bail being continued. Sen
tencc will probably not be passed for
some days.
Senator Quay and the eastern wit
nesses took the first train for Pitts
burgh, where the libel suit against the
| Post will be tried to.morrow.