The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-12-11
SIAY N QUAY CASE
He Has Scored a Great Point
Over His AdverSarieS.
INTO THE SUPREME COURT
Trial May be Carried Past the
Sensational Election.
INTO THE SUPREME COURT

Philadelphia, Dec. 1o.-Suprene Court
Justices Green and williams today grant
ed a rule allowing the defendants in the
Quay conspiracy case to argue a petition
fer a writ Of ceritorari removing the pro-
eeedings from the court Of quarter ses-
sions to the supreme court. The rule is
retErnable January and all proceedings
are stayed in the meantime.
The defendants in the case are Senator
NJ S. Quay, his son Richard R. Quay and
ex7State Treasurer Benjamin J. Haywood.
The trial had been fixed to begin in the
court Of quarter sessions here on Monday.
One OF the results Of the rule granted by
thu supreme court will be TO carry the
trial over beyond the term Of Office of
District Attorney Graham, which viii ex-
pire with the present year. Mr.. Graham
mas been pushing the case and in asking
the court a week or ten days ago 20 fix
an early date for the trial he expressed
20 the court a desire 10 dispose Of the case
during his Official term Of Office.
The dela. yoccasioned 10y the act Of the
supreme court viii also in all probability
have the effect Of carrying the proceed
ings, or at least the conclusion Of the trial
beyond the Date for the election by the
legislature Of a United States senator TO
succeed Senator Quay, who is candidate
for reelection. TIT legislature viii vote
for senator on January Il.
The defendants are charged with con-
spiracy with John S. Hopkins. the cashier
Of the Peoples bank OF this city. who
committed suicide in March last, in the
misuse Of state funds on deposit in that
institution.
The senator and his attorneys do not
hesitate 10 admit that their object in Sc
curing delay for tia trial is TO take the
case out of the hands Of District Attorney
Graham. Mr.. Graham, they say is an
enemy Of the senator and has displayed
great eagerness in prosecuting him and
his co-defendants.
The petition presented 70 the supreme
court by the defendants, after reciting
the indictments against them, declares
the defendants to be absolutely guiltless
of the offenses therein charged, coutends
that the indictments are defective in that
they fail 10 set forth any unlawful act,
and prays the court to deal with the case
in such way as viii enable them to OBJ
cure in the present position of affairs in
the courts IN which the indictments are
pending, namely. a fair and impartial
trial
In support Of their prayer, they aver, in
part, that the prosecutions were instigat-
ed and inspired chiefly by James Jay
Gordon. late judge in the court Of com
nor pleas OF Philadelphia, acting in con-
cert with other open and avOwed political /
enemies of Matthew s. Quay, and that
Gordon. as private counsel for James
ATcAIanes, president of the Peoples bank, /
obtained possession Of letters written by
the petitioners relating solely to their own
private business transactions and Of pri-
vate memoranda alleged TO have been
made by Cashier Hopkins. These letters
and memoranda were copied for the pur-
pose Of using them for political purposes. |
Gordon being then a candidate for the
Democratic nomination for governor; that (
although Gordon had possession Of this /
information about the oath day OF March, /
last, and although the information was (
from that date also in possession of
Thomas W. Barstow, as receiver of the /
Peoples bank and as special first assist /
ant district attorney of Philadelphia /
county, eyt no complaint of any kind |
whatever was made against the petition /
crs until the 3rd day OF October, last, 1
when warrants were issued charging the /
petitioners with the ofenses; that the /
warrants were issued shortly before the /
recent state election. which involved tho /
lection not only Of a governor but Of 1
members Of the legislature. who VIII be I
ealled upon 70 vote for a United States /
senator 10 succeed Mr.. Quay. who is a 4
eandidate for reelection
In instigating and procuring the war 1
ants, the petitioners allege. Gordon was /
inspired by express and personal malice I
against Quay, as IS evinced by the fact 4