The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-11
QUAY'S TRIAL DELAYED
DISTRICT ATTORNEY GRAHAM WILL
NOT BE PROSECUTOR.
Supreme Court successfully Invoked
to Prevent Hearing of the Com
spiracy Case This Year.

PHILADELPHIA, Dec. 10. - Supreme
Court Justices Greene and Williams to-day
granted a rule allowing the defendants in
the Quay conspiracy case to argue a petit
tion for a writ Of certiorari. removing the
case from the Court of Quarter Sessions to
the Supreme Court. The rule is returnable
Jan. z, and al proceedings are stayed in
the meantime. The defendants in the case
are Senator NJ S. Quay, his son Richard r.
Quay and eX-State Treasurer Benjamin J.
Haywood The trial had been fixed to be-
gin in the Court of Quarter Sessions here
on Monday. 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 Graham, which
will expire with the present year. Mr.. Cra-
ham has been active in pushing the case.
and in asking the court q, week or ten days
ago to fix an early date fer the trial, he eX-
pressed to the court desire to dispose of
the case during his official term of office.
The delay caused by the action of the ST.
preme Court will also in all probability
have the effect of carrying the proceedings,
or, at least, the conclusion of the trial, be
yond the date of the election by the Legs
lature of member to succeed Senator
Quay, who is a candidate for reelection.
The Legislature will vote for senator on
Jan. IT,
The defendants are charged with conspir-
acy with John r. Hopkins, the cashier of
the Peoples Bank of this city, who COM
mitted suicide in March last, in the misuse
Of State funds on deposit in that institu-
ton. The senator and his attorneys do not
hesitate to admit that their object in secur-
ing delay for the trial is to take the case
out of the hands of District Attorney Gra-
ham, Mr.. Graham, they say, is an enemy
of the senator, and has displayed great
eagerness in unjustly prosecuting him and
his codefendants.
The petition presented to the Supreme
Court by the defendants, after reciting the
indictments against them, declare them
selves absolutely guiltless of the offenses
therein charged; contends that the indict-
ments are defective in that they fail to set
forth any unlawful act, and pray 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 indict-
ments are pending, namely fair and i'm
partial trial In support of their prayer
they aver in part that the prosecutions were
instigated and inspired chiefly by James
Gay NTOIQOUJ ldlc t JuuSG VI AhC -DhAt u
Pleas Of Philadelphia, acting in concert
with other open and avowed political ene-
mics of Matthew S. Quay, and that Gordon,
as private counsel for James McManes,
president of the Peoples Bank, obtained
letters written by the petitioners relating
solely to their own private business trans
actions and of private memoranda alleged
to have been made by Cashier Hopkins
1ot4 ,1 Ia aOnfad
for the purpose of using them for political
purposes, Gordon being then candidate for
the Democratic nomination for Governor
That although Gordon had possession of
this information about the oath Of March
last, and although the information was
from that date also in the possession Of
Thomas W. Barlow as receiver of the Peo-
pies Bank and as special chief assistant
district attorney of Philadelphia county. yet
no complaint OF any kind whatever was
made against the petitioners until the Sd
day of October 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 not only the election of a
Governor, but of members of the Legisla-
ture, who will be called upon to vote for
United States senator to succeed Mr.. Quay,
who Is a candidate for reelection. In in
stigating and procuring the warrants, Cor
don was inspired by express and personal
malice against Quay, as is evidenced by the
fact that Gordon publicly charged him with
having been instrumental in preventing his
nomination for Governor at the Democratic
State convention. Owing to these circum-
stances the defendants declare they cannot
get fair and impartial trial at this time
in the Court Of Quarter Sessions Of Phlla-
delpliia- 49,