Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-21

would not have introduced more bitter
conflict. 7. A. Gallagher, Casper Haziey,
Sr., and David T. Reese were the frst three
called
''Stsnd aside" was the District Attor-
news orders as each came forward. When
this had been repeated three times, Attor-
ney Ferguson demanded formal ruling.
He was temperate in his language and did
not charge the prosecution with attempting
to get partisan jury, but his meaning was
clear. His motion, as taken by the court
stenographer, and on which it is stated an
appeal will be taken to the Supreme Court,
was:
'It appearing that Messrs Gallagher,
HALEY and Reese have already been stood
aside without reasons being assigned and as
the Commonwealth is represented by pri-
vate counsel, the defendants counsel now
object to the District Attorney SO stand
ing aside jurors, as he is only in technical
manner representing the Commonwealth.
Mr. Watson supplemented the motion by
stating that it was evident the prosecution
was selecting the Jury through his own
counsel and the District Attorney.
The Court replied that it could not in
quire into the District Attorneys method,
and would only recognize his official action.
A long debate followed, in which the de-
fendants' counsel indicated they would
carry the point to the Supreme Court on
rights granted them in the Constitution
The call of jurors was finally taken up
again, and over 80 names out of the entire
panel of 60 were called before jury was
selected. Over IS were stood aside by the
Commonwealth. The District Attorney
waived his right to challenge four. The
defense challenged Rodger Aiken, William
Alexander and Alexander Gilfillan. In Sc
lecting men to fill the vacancies the Common
wealth was allowed the privilege OF stand
ing aside This was objected to by the de-
fense, and nearly an hours debate on law
points followed. The Court would not
change its ruling, however The jury as
selected is as follows:
The List as Finally Decided On.
George Kemp, clerk; Graham Scott, real
estate agent: Jacob Vickestein, pnddler;
James H Young, laborer; John Schwein-
hart, saloon keeper; Henry Smith, roller;
Samuel W. Ewing, farmer: Caleb 1nas,
barber: A. P Kirkland, railroad superin-
tendent; Harris Crawford, grocer; Alex. M.
Jenkenson, tobacco dealer; James Collad,
laborer
The jury is remarkably intelligent, and if
they are all Republicans they are credit to
their party. Inas is coored man, and
when bis name was called it took the COM
bined efforts of all the tirstaves to main
tain order. All the iurymen were well
dressed and paid close attention to every
word said, even the long, dry speeches on
legal points
When the Jury was selected the defense
created the second sensation of the day by
moving to have the indictments quashed
for the following reasons:
First-It is not alleged in said indictments
that the publications. complained OF are
untrue.
sccond-It is not alleged therein that said
publications were false to the knowledge OF
the defendants.
Third-It is not alleged that the alleged
ibels were maliciously published.
FouTth-It is not alleged that the publica-
tionS were written and published malicious
ly OF negligently
The usual long arguments followed, after
which Judge Porter overruled the mott on.
During the talk Attorney McCook smiling
ly said to Senator Quay that be thought he
would have his pay stopped while he is
travelling over the county prosecuting libel
suits
Don't do it," answered the Senator.
''This is expensive business"
Glorious Old Tom Opens.
MI. MarSDau opened lne case Tor the
Commonwealth. His speech was in ''Glo-
rioGs Old Toms" usual fiowery style, and
at the same time brought out prominently
all the important law points. He referred to
the sect or ofthe bill OF privileges which gives
the right TO man TO defend life, property
and reputation. Reputation, he said, is
God-giyen right placed on the same plane
with life. He cited the law which makes it
a misdemeanor to blacken the name of one
who is dead or the reputation of one who is
living. Referring to the alleged libelous
article, he said there was only one course
for Mr.. Quay TO pursue, and that was to
meet his accusers in court. That had been
doaa, and it was now for the jury to clear
the name of the prosecutor
The final witness called was A. P, Moore,
a reporter, who at Senator Quay's request
had purchased paper containing the al
legged libelous article. Collector Warm
castle gave similar testimony.
William Schoyer, director of the Post
Publishing Company, testified that A. j.
Barr is President of the company and that
James Mills is writing editor. The Court
ruled out a question as to the circulation of
the paper. The case will be taken up again
at 0 o'clock this morning