Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-12-20
0THER SIDE OF STORY.
esos, lxpurAuos OF INf JUDGES
- IN. Defendants state they Could
sot ob,,in Fair TRIAL In tue
philadelphia Courts.

,,.a.,,hi,. Dec. io.-Dlsufc. hii7r-
lc,,t,m t.,i,y med In the pioiho-
r onico Of the supreme cor
-. newer of pac ccmmonwell'h 70
81 .'.siou Of tinIeA seuntoi Senator
o,u. his s1n f,chlrd II. quay
,.-,,,-r gsu.e Trousurcr Hlywol1'
ah' - the duicndar.s asked .ht su-
10 mi for q ruie to liow cause
WIZ 81 ceigloiufi ihouI ~ pc
sg.I /, sake up M reof1 "a -" 5,
feu III the case. in which thrce u'-
ifne., ar. ,aargrd wf.h clnfpfdey
iei.'',.,,s. st,.e fur1s On dep1sit IN the
Pow, tJis 81 ENLISTMENT were re-
~ IA, fhr grand jury agiins. 10.
l-',.str.s. ind shtir ttfh wAs hNgu
Nnriay, December IGN, but ~
D,brr 10th JuIrices Green anu w,
ttr. ~ she supreme oput, ,t1....
.t",f. asked fur by she defendants
~. txed Ianrary ist as the t'int i''
s'rr 40 the argum1n
NJ tt,tr.si r.tnrnuy Gays thti the
,,'rs thai tno dcfeudorA could
.,Itiu fair trial q "soinuil'us
~ rs.rii!hfin and a gi1rs lmpui9t0n
80 twelve judges ~ ehe IN ideipnA
.nt anl h. declares " 60 d. uh.
tnr. as charged In the pcutl'n' HAt
trsaeeutions were Inspired ny
M ~ Jamts jay Gordon. az alleged,
rsrtnuing. she answer Eiyli Ihe
.,Nt.rse shows thar public funds %
-. 80 mluwclth ~ PenrsyN1nh Tor
s'.rs have been LaUd BY the clnHpta-
~ i0r thel- pflyuic ofl unlawful
Filr. -, -. ,u..,t no IA.
yf6r.e's bank on dg1s.is ~ mon
ana plsd 10 ihe HccGsci w ther nink
srr,tint and checked out by thtn
80. with ,hor own MONEY In the
g.mT ao-aur, IN other ir4ianccs.
,1sbitrs checks and diufis have been
made payable % The uccusu1 for Ger
IN sliuft VI inssr =. on the public
nancy. and rncse documents. bsnilnE
N. Irldra.mcn. ~ the accused. show o
isr Inc receipt by Nhum o. thr intcrcti
Money paid. are IN rNlp'effef and IN
rstnfs.nu - The commonwealth.
'sfos books HhawH ilist hurhreif of
thourlnda % dollars q pubic money
flftsIf,I In the Peoples bank were
IL, Huttt FOR the use " NJ. T. quay
ara us 4 hy h'm. mud tiat he WIS
hlrri no .ntcrcs, thereon The hooks
sllani thar hundreds q thousands "
danr,' worth ~ viock were hIught for
a :. QUAY We.h We money Thtt
Wh0nfyrr h. faNfd to usr HE fun al
nuince " pubic money tiuE set
tpift Tor Ism. lrrcrcst w'iF carefully
niicuistd upon the balance ~ used
b. him in the purchase - u'ockl AMI
riIl n thH ffute treasurer,
The district attorney could not
have failed or refused ~ proceed upon
tha evidence and bring the accused
Into court 60 confess or explain this
rli.muay. This respondent acted With
BOT the slightest element Of malice.
prejudice or iil-feeling. The prdnccu.
ion n absolutely under the control NJ
,aur respondent. and no other person.
nv avcrmcnt that there ~ any cou-
ipmry to prosecute these defendants
q false.
sgerpondcnt respectfully suggests
NAT n Il were true that some one In
fpf.d tho persecution. yet N the pros
fruton itself " Just and well founded,
this can In no wise be a dcfonnc Tor
ne accused"
Tho answer rays whether Judge Dor
iln. ns private counsel for the Peoples
tank. had Cashier Hopkins private let.
ten and that these letters were used
'ot political or other purposes (which
lgerfuU1t " donlcd) constitutes ~
ground for the order prayed for In the
fefrudnnts petition. Thr district at
nfney declares that these proceedings
aare instituted before AIR. quay made
ihs personal announcement 81 his can
iilry ~ rucrcrd himself In the United
States Senate. why legal proceed
uE should be- arrested on the ground nl
4 isftndant'H candidacy for oilicc, th'
i.rtlrt nstOrney In at a loss 90 under
uand.and an allegations % this cnec
j. says ARE Irrelevant and lmmnterial
Tho district attorney AYERS that "
tsekInv trial for cheese cases, he ia do
ug simply the duty under his oath 81
tflrr and that, In ~ doing, he IL no
afeiudlclng and intlmidating the Tener
Il assembly. The prosecution, he says
Eas based upon discriminating rvi
isnce" part % which was produced
before the committing mngir,ratc an
,siorc the grand jury. and the. proseecu
Non has no olhor purpose than ihn
n bringing 90 justice persons VINO ~
| frsrindrut believes have pcrslHtcnil)
a1iatod tho laws ~ the commonwealth
ma used tho public monies 81 the stat
~ though they were part ~ their owl
private property"
IN glowing che answer the district ~
,1fuey says. "l,eapnndeni AYERS Una
appeals II the extraordinary nature .
ne one In the petition In Question
Nhrro rules are granted accomphnl"
slih stay N proceedings that interrul
arFe and orderly progress ~ tho ~
nlnlsirntinn ~ Justice In the low,
,uufis. are calculated tO do lrrepnfanl
injury and 10 matte 70 Impossible !
iursHfullv prosecute persons
wealth and power"