The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-20
REPLY TO QUAY.
States Attorney Replies to His
Petition For Writ of
CertiOrari.

Philadelphia, Dec. 2O-DistrIct Attor-
ney Graham today filed in the prothon-
otary's office of the supreme court the
answer Of the commonwealth to the pc
tition of United States Senator NJ. S.
Quay, his son Richard r. Quay and for
mer State Treasurer Haywood, in which
the defendants asked the supreme court
for a rule to show cause why a writ of
certiorari should not be issued to take
up the record Of examination of the
case in which the three defendants are
charged with conspiracy to misuse state
funds on deposit in the Peoples bank.
True bills of indictment were return
ed by the grand jury against the de-
PENDANTS and their trial was fixed for
Monday, December u, but on Deem
Der 10, Justices Green and Williams of
the supreme court, granted the rule ask
ed for by the defendants and fixed jan
uary 10 as the time for hearing the ar
gument.
The district attorney says that the
statement that the defendants could not
obtain a fair trial is ''scandalous and
untruthfuI and a gross imputation upon
the u judges of the courts and he de-
clared to be untrue as charged in the
petition, that the prosecutions were in
spired by Judge James Jay Gordon as
alleged.
Continuing the answer says:
1.-THE evidence shows that public funds
of the commonwealth of Pennsylvania
for years have been used by the con-
spiratOrs for their private and unlaW-
full gain.
Interest has been allowed by the
Peoples bank on the deposits Of money
and paid to the accused in their bank
account and checked out by them along
fa7 n
in other instances, cashiers checks and
drafts have been made payable to the
accused for certain sums of interest Oh
the public money and these documents
bearing the endorsement of the accused,
showing the receipt by them of the in
teFeSt money paid, are in existence and
are in possession of the commonwealth.
The books show that hundreds or thOu-
sands of dollars of public money depOS-
tied in the Peoples bank were set apart
for the use of NJ. S. Quay and used by
him and he was charged no interest
thereon. The books show that hundreds
of thousands of dollars worth of stock
were bought for NJ. s. Quay with the
money, That whenever he failed to use
his full allowance of public money thus
set apart for him, interest was carefully
calculated upon the balance not used
by him in the purchase of stocks and
paid to the state treasurer. The district
attorney could not have failed or re-
fused to proceed upon this evidence and
to bring the accused into court, to con-
spondent acted without the slightest ell
ement of malice, prejudice or illfeelIng.
The prosecution is absolutely under the
control of your respondent and no other
person. The averment that there is
any conspiracy to prosecute these de-
PENDANTS is false. Respondent respect
fully suggests that if 1t were true that
some one inspired the prosecution, yet
if the prosecution itself is just and well
founded, this can in noWise be de-
tense for the accused"
The answer says it is utterly unim-
portant and impertinent whether Judge
Gordon, as private counsel fer the Peo-
pies bank, had Cashier Hopkins private
letters and that these letters were used
for political or other purposes (Which
averment is denied) and constitutes no
grounds for the order prayed for in the
defendants petition.
The district attorney declares that
these proceedings were instituted before
Mr. Quay made the personal announce
ment of his candidacy to succeed him
self in the United States senate. Why
a legal proceeding should be arrested
l1pon the ground of a. defendants can
didacy for office, the district attorney
is at a loss to understand, and all slle-
cations to this effect, he says, are ar
relavent and immaterial.
The district attorney AYERS that IN
seeking trial for these cases he is do
ing simply his duty under his oath OF
office, and that in so doing he is not
preiudfcing and intimidating the general
assembly. The prosecution, he says, was
based upon discriminating evidence,
a part of which was produced before the
committing magistrate and before the
grand jury and the prosecution has no
other purpose than that of bringing to
justice persons who the respondent be-
lfeves have persistently violated the
laws of the commonwealth and used
the public moneys of the state as
though they were part of their own
private property"
In closing the answer, the district at
torney says:
Respondent AYERS that appeals of the
extraordinary nature of the one made
in the petition in question where rules
are granted accompanied with stay of
proceedings that interrupt large and or
derby progress of the administration of
Justice in the lower courts are calcu-
lated to do irreparable injury and to
make it impossible to successfully pros
$1,000. Of ..aaltE and -.c-.-.. ,.