The Middleburgh post. [volume] (Middleburgh, Snyder Co., Pa.) 1883-1916, 1898-12-15
|QOAY MUST FACE AJURY
Judge Finlsttsr 0verrules the De-
murrers.
Hs Says the Demurers Practically Admit
the Charges a. Contained in
the Indictment.
JUDGE FINLETTER'S OPINION

He Scores the Defendants For Their
Attempt to Delay Matters-Tcxt of
the Decision Ovcrruling the Demur-
rers and the Motion to Quash In the
Conspiracy Indictments.
The full text Of Judge Finletter's de-
eision disposing of the first objections
to the indictments in the famous con-
spiracy case follows:
All Of the questions raised by these
demurYers and the motion to quash
could have been as fully raised upon
motion in arrest Of judgment after
trial upon the merits. Such motions
serve no good purpose. They prolong
the anxieties Of the innocent, and they
permit no guilty man to escape. They
do not prevent the commonwealth from
submitting other bills free OF the err
rors complained about. Their only ef-
feet is to postpone and delay maj
disposition Of a case. While the right
of defendants to use these methods
| OF obstruction and delay may not be
| questioned. they are regarded by the
court with disfavor. The common
wealth-the people-has right, es-
| pecially in communities like this, to the
| speedy determination Of criminal cases.
and the speedy punishment of Grim
inals. The public good requires 1t. and
| the interests OF the innocent defendant
demand It. 1t Is necessary for the pro-
lection OF the individual citizen, in his
| life. his person. and his property. In
considering legal questions we should
never lose sight Of the point at issue.
| There seems to be an idea that upon
a demurrer all possible questions can
| be raised. This Is a mistake. de-
murrer raises only the question: DO
| the charges and facts set out In the in
dictment constitute a violation Of law"
All other questions must be raised at
the trial. or upon a motion for new
| trial. or upon a motion In arrest or
judgment. or upon an appeal 10 the ap-
| pellate court. In commonwealth vs.
| Hartman Chief Justice Gibson indicates
the nature and character Of such OBJ
jections when he says: THE counts
before us are so uncertain and bald in
circumstances as to shed scarcely a
ray OF light on the charge which the
| defendants were required 10 meet" He
does not intimate that this objection
| could have been raised upon demur-
Yer.
| LAW AS TO BANK CASHIERS.
Bills Nos. scs and 32s may be con-
sidered together. Bill No. 800 charges
that the defendant. Matthew Stanley
| Quay. conspired with John 8. Hopkins,
the cashier OF the Peoples bank. ito
buy and sell stocks through the said
John s. Hopkina" Bill No. 3Rs charges
a conspiracy TO use money. the prop
erty Of the Peoples bank" Tho acts
OF assembly applicable to these indict-
ments are as follows: Cashiers Of
banks engaging in other business" Act
81, March, 1860. section 64, Pennsylvania
laws. 39s: III any cashier Of any bank
OF this commonwealth shall engage di-
rectly or indirectly In the purchase or
sale Of stock. or in any other profession,
occupation or calling, other than that
OF his duty as cashier. he shall be
guilty Of a misdemeanor. and. being
thereof convicted. shall be sentenced
to pay a fine Of not exceeding $500"
Cashiers OF banks not to engage in
any other occupation"
sylvania laws. 4s2: II shall not be law
full for the cashier Of any bank to en-
gage In any other profession. occupa-
tion. or calling, either directly or in
directly. than that OF the duties ap-
pertaining to the office OF cashier. and
II any cashier OF a bank shall. directly
or indirectly. engage in the purchase
and sale OF stocks. or in any other pro-
fession. occupation, or calling, other
than that OF his duties OF cashier, such
cashier. upon conviction thereof In any
cour. OF criminal Jurisdiction. shall be
sentenced TO pay a fine not exceeding
$500: provided. that this section shall
not be construed in such manner as tc
prevent any cashier from managing
his own real estate or private property
as heretofore. II such private property
be not vested in mercantile. mechanical
or manufacturing operations"
DEMURRERS ADMIT THE FACTS.
The demurrers admit all the facts sci
forth In the indictments-thatt the Peo.
! \ pies bank was a bank; that Hopkins
was Its cashier: that the defendant ant
Hopkins agreed together that Hopkin.
should deal in stocks for the defend
ants benefit; that they should use the
money OF the bank for that purpose
In addition 10 this the printed ant
oral arguments Of the defendant!
counsel aver that John S. Hopkins wa!
the cashier OF the Peoples bank. sale
bank being bank Of discount and de
posit; that 1t does not appear in saiC
indictments that II was unlawful fol
the said ~. s. Quay TO borrow none,
from said Peoples bank"
il would seem to be conclusive tha
these admissions and ayerments estab
lish that the defendant and John
Hopkins had conspired as charged II
the bills Of indictment, and that q
would be wiser for me 10 rest my de
c!sion upon them than TO attempt u
fortIfy IL by reason or arguments. Bu
a due regard for the rights OF the de
PENDANTS would seem TO require tina
should consider the objections and ar
gumensE Of their counsel.
IL must be conceded that the acts o
1860 and 1850 make IL a crime for
cashier Of any bank 10 directly or in
directly engage In the purchase ant