The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-12-12

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attached). That the said Hon. Thomas
X. Finletter in his said opinion decided
that the facts urged in support of the
motion to quash could hereafter be pre-.
sented in arrest of judgment, and this
Notwithstanding the fact that the act
OF assembly especially provides that
all such motions must be made prior to
the plea pleaded.
APPLICATION FOR EARLY TRIAL.
That Immediately after the rendering
of said opinion to wit, on Thursday,
December |, application was made by
the district attorney to said judge to
fix the earliest possible day for trial
of said defendants, and although said
defendants through their counsel asked
for a reasonable time in which to have
an opportunity to have the books ana
papers of said Peoples bank examined
by experts, and although, as your pc
titioners are Informed and believe
about two months were required by the
experts employed by the district at
torney to examine said books and
papers i'm so far as they related To said
indictments. said judge peremptorily
ordered that the trial Of your petition
ers should proceed on the Tuesday fol-
lowing, to wit, the 9Th day of Decem-
Der. thereby allowing but three work
ing davs for an examination of said
upon, then and there publicly stated,
in effect. that your petitioners would
have all the time to which they were
entitled for such examination of said
hooks and papers upon their being pro-
duCed in court upOn the trial of the
said case. Said order was, however,
subsequently modified by said judge
extending the time until Monday, De-
Cember T.. on account Of the engage
ment of one of petitioners counsel in
the United states court, thereby allow
ing your petitioners FOR said eXamina-
tin of said books and papers hut nine
working days; Notwithstanding the
fact, as has been previously aVcrred,
that nearly two months were required
by the COmmOnWealthS experts for
such examination
While making such examination of
said books and papers the experts en-
ployed by your petitioners discovered
that large number of checks, notes,
bills, papers and memoranda, forming
part of the records of said Peoples
bank were missing and were locked up
in the office of the district attorney.
and that without an inspection of said
papers ii was absolutely impossible for
them to understand certain entries in
the books of said bank relating there
to. Your petitioners through their
counsel requested an opportunity for
such experts to examine said papers in
the district attorneys office and were
peremptorily refused such permission.
Your petitioners aver that the said re-
fusal by the court to allow them proper
time for an investigation and examina-
tion of said books and papers. and the
said refusal by the said district attor-
neN to permit them to examine SAID
papers in his custody constitute an ab-
solute denial of justice to them,
g. Your petitioners aver that by rea-
son of the said action of the said James
Gay Gordon while he was judge, and
by reason of the said action and de-
cision of the Hon Thomas *. Finletter,
whose afliliation with the said James
Gay Gordon is well known, such preju-
dice has naturally been created in the
body of the community against your
petitioners that it will be impossible
for them to obtain fair and impartial
trial at this time in the said court of
quarter sessions for the county of
Philadelphia.
CLAIM NOT A PENNY LOST.
I. That it is not and never has been
pretended by anybody that either the
commonwealth of Pennsylvania or said
Peoples bank, or any other person ever
lost, or could have lost, one penny by
reason of any of the transactions re-
ferred to in said indictments. and that
in none Of said indictments are the de-
PENDANTS, or either of them, charged
with any intent to defraud the said
commonwealth or said Peoples bank,
or any other person, in any manner
whatsoever. Nor We're said prosecutions
instituted or inspired by any person or
persons on behalf of the commonwealth
or of said Peoples bank, or of any per-
son claiming to have been injured in
any way by reason of any of said sup
posed transactions referred to in said
indictments.
On the contrary said prosecution was
instiGated solely by said James Gay
Gordon. then judge as aforesaid, and
by other open and aVOwed political en-
emies of said Matthew S. Quay. and for
the sole purpose of unduly influencing
and prejudiCing the voters of this COM
mOnwealth through such an abuse of
the processes Of the courts of justice,
at the general election held in NOVem-
her, 1898, for the election Of governor
and members of the general assembly.
That the further prosecution of said
indictments is now being unduly
pressed, not in the interest of justice
but by a conspiracy of the political en-
emies of said Matthew S. Quay, for the
| sole purpose of unduly influencing,
! preJudicing and ntimidating the mem
| bers of the general assembly in their
| choice of successor to said Matthew
| ;. Quay in the senate of the United
| states; and that to said end said con-
| SpiratorS are causing to appear almost
| daily in the various newspapers of this
! county libelous, defamatory and malic-
| louS comments upon said cases. for the
| purpose of making il impossible fOl
| your petitioners to obtain a fair and
| impartial trial, and are endeavoring by
various unlawful means to secure a dis
agreement of the jury before which said
| cases will be tried, if they fail TO secure
conviction, so that ii Is at this time
| impossible for YOUR petitioners to Sc.
cure that fair and impartial trial which
| is guaranteed to them and all Other
| citizens by the constitution and laws OF
| this commonwealth.
! ). That by reason Of the premises, anC
for the further reason that your petit
TONER Matthew 5. Quay, is a candidate
! for the United States senate at tn,
| coming session of the general assem-
| bly, of the state of PENNSYLVANIA, the
| newspapers of the city of Philadelphia
| with possibly one exception, have beer
daily publishing such infammatory
scandalous, false and defamatory state
ments relative to your petitioners and
to the said charges, that such undue
prejudice has been excited i'm the public
| mind that ii is impossible for them al
| this time to secure a fair and impartia
trial upon said charges.
| Your petitioners therefore pray for &
| rule to show cause why a writ of Ger
torari should not be issued by you
| honorable court. directed to the Judge!
of the court of quarter sessions of tn,
| peace for the county Of Philadelphia
| requiring them to certify the record o.
said indictments against your petition
ers into this court, and further to as
| sign one of the Judges of your honor