The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-12-13
SENATOR oUAY.s RESPITE

SBNAIVn &Oh - - ASSk -
He Gets His Case Before the supreme
Court Before . Trial 3eIoW-A Pohti.
cal CONTEXT u esuit Of the indictmens
Philadelphia, December 10.-Supreme
Court Justices Green and Williams to-
day granted rule allowing the defen-
dants in the Quay conspiracy case to
argue a petition for a writ OF cerno-
rari, removing the proceedings from
the court Of quarter sessions
to the supreme court. The rule is re-
turnable January 7th and all proceed
ings are stayed in the mean
time. One of the results Of the rule
granted by the supreme court will be
to carry the trial over beyond the term
of Office of District Attorney GrahGm,
which will expire with the present year.
Mr.. Graham has been active in pushing
the case and is asking the court
a week or ten days ago to fix an early
date for the trial. He expressed to the
court desire to dispose of the case
during his official term of Office.
of the supreme court will also, In all
probability, have the effect OF carrying
the proceedings or at least the con-
clusion Of the trial beyond the date for
the election by the legislature OF an
United States senator to succeed Sena-
tor Quay, who is candidate for re-
election. The legislature will vote for
Senator on June 18th.
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 District
Attorney Graham Mr.. Graham, they
say, is an enemy of the senator and
has displayed great eagerness in un-
justly prosecuting him and his code
PENDANTS.
In support of their prayer to the SUI
prsme court, the defendants aver in
part that the prosecutors were instI-
gated and inspired chiefly by James
Gay Gordon, late judge of the court
of pleas Of Philadelphia, acting in con-
cert with other open and avowed poll
tical enemies of Matthew S. Quay, and
that Gordon as private counsel for
James McManes, president of the Peo-
ters written by the petitioners relating
solely to their own private business
transactions and of private memoran-
da, alleged to have been made by Car
rier Hopkins. These letters and memo
randa were copied for the purpose of
using them for political purposes, Cor
don being then a candidate for the
democratic nomination for governor;
that although Gordon had possession
Of this information, about the oath day
CT March last and although the infor-
nation was, from that date, also in the
possession of Thos. w. Barlow as re-
ceiver of the Peoples bank, and as
special first assistant district attorney
of Philadelphia county, yet no COM
plant Of any kind whatever was made
against the petitioners until the 3rd
day of October last, when warrants
were issued charging the petitioners
with the offenses. That the warrants
were issued shortly before the recent
state election, which involved the elec-
ton not only of a governor, but OF
members Of the legislature who will be
! called upon to vote for United States
senator to succeed Senator Quay, who
| Is candidate for reelection. In in
| stigating and procuring the warrants
Gordon was inspired by express and
| personal malice against Quay, as il
f, evidenced by the fact that Gordon pub
licly charged him with having been in
strumental in preventing his nomina
tion for governor at the democratic
state convention. That on or abou
November 23rd last Gordon resigned
from his office as Judge.
It is further averred that the prose
cution of the indictments is being nov
unduly pressed. not in the interest o
justice, but by conspiracy of the po
litical enemies of Matthew S. Quay fo
the sole purpose of unduly Influencing
prejudicfng and intimidating the mem
bers Of the general assembly in thei
choice of successor to Senator Qua
in the United States senate.