The record-union., 1898-12-11
Allowed by Supreme Court to Argue Peti-
tion for a Writ Of CertIurari.
The Delay Occasioned by the Decis-
ION Likely to Garry the Conclu-
sions OF the Trial Beyond the
Date for the Election by the
Legislature of a United States
Senator.

PHILADELPHIA, dec. IO.-Supfene
Court Justices Green and Williams to-
day granted a rule allowing the de-
PENDANTS in the Quay conspiracy case
to argue a petition for writ of GER
tiorari removing the proceedings from
the Court of Quarter Sessions to the
Supreme Court. The rule is return
able July 1st, and all proceedings are
stayed in the meantime
The defendants in the case are SEN
ator Quay, his son, Richard r. Quay,
and ex-State Treasurer Benjamin j.
Haywood
The delay occasioned by the act of
the Supreme Court will in all prob
ability have the effect of carrying the
proceedings, or at least the conclusion
of the trial, beyond the date for the
election by the Legislature of United
States Senator to succeed Senator
Quay, who is a candidate for re-elec-
ton. The Legislature will vote for Sen
ator on January 18th.
The defendants are charged with con-
spiracy with John S. Hopkins, 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 to admit that their object in
securing delay for the trial is to take
the case out of the hands of the Dis
trict Attorney. Mr.. Graham, they say,
is an enemy of the Senator, and has
displayed great eagerness in unjustly
prosecuting him and his co-defendants.
The petition presented to the Supreme
Court by the defendants, after reciting
the indictments against them, declares
the defendants to be absolutely guilt
less of the offenses therein charged;
contends that the indictments are de-
fective, in that they fail to set forth
any unlawful act, and prays the court
to deal with the case in such way as
will enable them to obtain what it is
impossible for them to secure in the
present position of affairs in the courts
in which the indictments are ending,
namely, a fair and impartial trial.
In support of their prayer, they aver
in part that the prosecutions were in
stigated and inspired chiefly by James
Jay Gordon, late a Judge of the Court
of Pleas Of Philadelphia, acting in con-
cert with other open and avowed po-
litical enemies of Matthew S, Quay
and that Gordon, as private counsel for
James McManes, President of the Peo-
pies Bank, obtained possession of let
ters written by the petitioners relating
solely to their own private business
transactions and of private memora nda
alleged to have been made by Cashier
Hopkins. These letters and memor-
anda We're copied for the purpose Of us
ing them for political purposes, Cor
don being then a candidate for the
Democratic nomination for Governor;
that although Gordon had pos
session of this information about
the 24th day of March last,
and although the information was,
from that date also in the possession
of Thomas w. Barlow, as receiver of
the Peoples Bank, and as special First
Assistant District Attorney of Phila-
delphia County, yet no complaint of
any kind whatever was made against
the petitioners until the Sd day of Oc-
tober last, when warrants were issued
charging the petitioners with the Of
fenses; that the warrants were issued
shortly before the recent State election,
which involved the election not only of
Governor, but Of members of the Leg
islature who will be called upon to
vote for a successor to Mr.. Quay, who
is a candidate for reelection
In instigating the warrant, the petit
TONERS allege that Gordon was inspired
by express and personal malice against
Quay, as is evidenced by the fact that
Gordon publicly charged him with hav-
ing been instrumental in preventing his
nomination for Governor at the Demo-
cratic State convention.
Owing to these circumstances, the de-
PENDANTS declare they cannot get a fair
and impartial trial at this time in the
Court Of Quarter Sessions of Philadel
phia.