The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-12-12
QUAY PLEADS
FOR JUSTICE
tConcluded from Page IL

IneTel1 HlleReu GOulu Dt tSldplibhtu W |
lawful evidence, and that, therefore
said petitioners should not be subjected
to the disgrace, expense, hardship and
peril of being put upon trial before
jury upon such insufficient indictments
Your petitioners respectfully pray
your honorable court to issue its writ
of certiorari to said court of quarter
sessions to bring up said indictments
in order that your honorable court may
deal with the same in such way as VIII
enable them to secure what II Is I'M
possible for them to secure in the pres
ent position of affairs in the courts in
which said indictments are pending,
namely, justice and a fair and impair
tal trial, which Is guaranteed to them
by the constitution and laws of this
commonwealth, and in support OF their
said prayer aver as follows:
INVESTIGATION OF CHARGES.
/. That these prosecutions were insti-
gated and inspired chiefly by one James
Gay Gordon, late judge of the court
of common pleas, No. 3, of Philadelphia
county, acting in concert with other
open and avowed political enemies of
said Matthew S. Quay, That upon the
failure of the Peoples bank, about the
oath day of March, 1898. the said James
Gay Gordon, although at that time
judge of said court. acted as counsel
for one James McManes, president of
the said Peoples bank, and thus OBJ
tained possession of certain letters
written by your petitioners, relating l
solely to their own private business
transactions, and "A certain private
memoranda alleged to have been made
by one John :. Hopkins now deceased,
formerly cashier of said bank. That
the said James Gay Gordon had said
letters and memoranda copied for the
purpose of using them thereafter for
political purposes, he. the said James
Gay Gordon, being then a candidate
for the nomination of the Democratic
party for the office of governor Of the
said commonwealth. at the election
held on the second Tuesday of Novem-
her, 1898. That although the said James
Gay Gordon had possession of the in
formation contained in said letters ana
memoranda, from about the oath day of
March last and although said informa-
tion was, from said date. also in the
possession and knowledge of one
Thomas w. Barlow, as receiver of Sald
Peoples bank. and as special first as
sistant district attorney Of said county,
yet no complaint of any Kind whatever
was made against your petitioners un-
Ill about the 81 day of October last,
when an affidavit was made upon in
formation and belief by one Meyers, al
legged to be a detective in the office of
the district attorney of this county (hut
who failed to appear upon the hearing
of said Char"es) upon which warrants
were issued charging your petitioners
with the offenSes aforesaid.
That said warrants were issued short
ly before the recent state election, which
involved the election not only of a gov
ernOr, but Of members of the legisla
turc, who will he called upon al their
next session to vote for United States
senator to succeed the present incum-
bent the said Matthew :. Quay. ii be-
In hAn NN-.lI hot ha yai1 Not
thew s. Quay would be a candidate for
recollection to said office. In instigat-
ing and procuring the issuing of said
warrants said James Gay Gordon was
inspired by express and personal malice
against the said Matthew S. Quay. as
is evidenced by the fact that the said
James Gay Gordon publicly charged
said Matthew $. Quay with having
been largely Instrumental in prevent
ing the nomination of him. the said
James Cav Gordon. for Office of gov
ernOr at the Democratic state conven-
tiOn held at Altoona prior to the said
election. That on or about the 23d day
of November. 1898, the said James Gay
Gordon resigned from his Office as
judge.
ATTACHMENTS TO SECURE BOOKS.
>. That while said indictments were
being considered by the grand jury of
said county an application was made
10y the district attorney for attachments
against the cashier of a national bank
Of Allegheny county and against the
cashier of a bank in Beaver, Pa, on the
ground that said persons, acting under
the advice of the regular counsel of said
banks respectively, declined to bring
the books of said bank to the city of
Philadelphia for examination. Said APP
plication was not made to the judge
who had been regularly assigned to
l,.l1 4 i.
ing the regular court Of quarter Ses-
sions. which then and there had sole
jurisdiction over said grand jury, and
Of all questions relating to the busi-
ness and proceedings of said grand
jury, but was improperly and irreEu-
larly made to the said James Gay Cor
don. who was on that day, holding
special session OF the court of quarter
sessions for the trial of bail cases only.
Nevertheless, said James Gay Gordon
irregularly and improperly heard said
application. and peremptorily ordered
said witness to appear before said
grand jury under penalty of an attach
ment for contempt.
That a few daYs later, on Wednes-
day, the 23d day of November, 1893,
your petitioners We're notified to APP
pear in court No. 646. before the said
James Gay Gordon, for the purpose of
pleading or demurrng to the bills Of
fore found against them. Although the
said James Gay Gordon had not been
regularly assigned to hold said court:
hut by reason of his resignation and re-
tirement from the bench on the day
named for the appearance of defend
ants as aforesaid said court was with
out a regularly assigned judge to hear
pending cases That on the said 23d
day of November, 1895 the Hon. Thomas
X. Finletter president judge Of the
court Of common pleas, No. 3, of which
court the said James Gay Gordon had
been Heretofore a member appeared
In said court of quarter sessions and
proceeded to preside over said court
although he was not the Judge who had
been duly and regularly assigned to
hold said court. That one Thomas Fin
letter. a son of the said Hon. Thomas
x, Finletter, was at that time and had
heen heretofore, an assistant district
attorney Of this county, and had been
assigned to the duty of taking profess
siOnal charge Of the above indictments
In conjunction with the district attor-
ney.
DEMURRERS TO BILLS.
That on the day last mentioned your
petitioners presented to the said court
their demurrers to the bills of indict-
ment Nos. S2S, 1923, $50 and 33l COPIES of
which are hereto attached), which de-
murrers were subsequently overruled
by the said Hon. Thomas K. Finletter,
who rendered in connection Herewith
the opinion hereto attached. That said
opinion was largely based upon the err
roneous legal proposition that a person
charged with supposed criminal Of
H. stnlnV A.. 4.