Republican news item. [volume] (Laport, Pa.) 1896-19??, 1898-12-22
your petitioner, Benjamin A. Haywood,

presented a motion to quash said in
dictn,ent No. 332 Ca copy of which is
hereti attacfed). That the said Hon.
Thomas X. Finletter. in his said opin-
ion, decided that the facts urged in the
support of the motion to quash could
hereafter he presented in arrest of
Judgment and this. Notwithstanding
the fact that the act of assembly es-
pecially provides that all such motions
must he made prior to plea pleaded
UNDUE HASTE CHARGED.
That Immediately after the rendering
of said opinion, to wit. on Thursday
Dec. l. application was made by the
district attorney to said judge to fix
the earlist possible day for n trial OF
said defendants, and. although said de-
PENDANTS, through their counsel, asked
for Il reasonable time in which to have
an opportunity to have the books and
papers of said Peoples bank examined
by experts, and although. as your petit
tioners are informed and believe, about
two months were required by the ex-
pertS employed by the district attorney
to examine the books and papers in so
far as they related to said transactions
referred to in said indictments, said
judge peremptorily ordered that the
trial of your petitioners should proceed
on the Tuesday following, to wit, the
9th day of December, thereby allowing
but three working days for an exam
ination of said books and papers; and
said judge thereupon then and there
publicly stated. in effect. that your
petitioners would have all the time to
which they We're entitled for such eX.
animation of said books and papers
upon their being produced in court up
on the trial of said case. Said order
was, however. subsequently modified
by said judge extending the time until
Monday, Dec. II, on account of the en-
gagement of one of petitioners counsel
in the United States court. thereby al
lowing your petitioners for said ex
animation of said books and papers
but nine working days: notwthstand-
ing the fact, as has been previously
averred, that nearly two months were
required by the commemorative ex
pertS for such examination. While
making such examination of said books
and papers the experts employed by
your petitioners discovered that q large
number of checks, notes. bills, papers
and memoranda forming part of the
records OF said Peoples bank We're
missing and We're locked up in the Of
flee of the district attorney. and that
without an inspection of said papers
il was absolutely impossible for them
To understand certain entries in the
books of said bank relating thereto.
Your petitioners, through their coun-
sci, requested an opportunity to exam
inc said papers in the district attorneys
office and Were peremptorily refused
such permission. Your petitioners aver
that the said refusal by the court to
allow them proper time for an invest-
cation and examination of said books
and papers and the said refusal by the
said district attorney to permit them
TO examine said papers in his custody
constitute an absolute denial of justice
to them.
PREJUDICE CREATED.
Your petitioners aver that by reason
Of the said action of the said James
Gay Gordon. While he was judge, and
by reason of the said action and deci-
sion of the Hon. Thomas *. Finletter
whose attiliation with the said James
Gay Gordon is we'll known, such preju-
dice has naturally been created in the
body of the community against your pc
titioners that it will be impossible for
them to obtain a fair and impartial
trial at this time in the said court OF
quarter sessions for the county OF
Philadelphia.
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
Of - rt ra1 fc
in said indictments, and that in none
Of said indictments are the defendants,
or either OF them, charged with any
intent to defraud the said common
wealth or said Peoples bank or any
other person in any manner whatso-
ever. Nor were said prosecutions in
stituted or inspired by any person or
persons on behalf of the commonwealth
or said Peoples bank or of any person
claiming to have been injured in any
way by reason of any said supposed
transactions referred To in said indict-
ments.
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
Inp SOle purpose VI uiluuiy influencing
and prejudicng the voters of this
commonwealth through such abuse of
the processes of the courts of justice at
the general election, held in November,
1898, for the election of governor and
members of the general assembly.
QUAY'S POLITICAL ENEMIES.
That the further prosecution of said
indictment is now being unduly pressed
not in the interest of justice, but by a
conspiracy of the political enemies of
said Matthew S. Quay, for, the sole pur
pose of unduly influencing, prejudicins
and intimidating the members of the
general assembly in their choice of a
successor to said Matthew S. Quay in
the senate of the United States; and
that to said end said conspirators are
causing to appear almost daily in the
various newspapers of this county IL
belous. Gcfamatory ana malicious COM
ments upon said case for the purpose of
making it impossible for your petition
ers to obtain a fair and impartial trial.
and are endeavoring by various unlaw-
full means to secure II disagreement of