The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-11

PHILADELPHIA, Jan. 10.-The SUI
preme court today in an opinion hand
ed down by Chief Justice Sterrett, dis
missed the application in the Quay con-
spiracy case for writ of certiorari and
places the costs on the petitioner
The petition Of the defendants, United
States Senator M. 8. Quay, r. R. Quay
and Benjamin f. Haywood, averred
that On account of political prejudices
they were Of the belief that they could
not obtain fair and impartial trial in
the Philadelphia court of quarter ses-
sions when the case was presented for
trial.
There was no dissenting opinion.
The charge against the petitioners is
that Of conspiracy with John r. Hop
kins, cashier Of the Peoples bank, who
committed suicide In March last, in the
use Of state funds on deposit In that
bank. The defendants were placed I'M
der arrest in October last, and, as q
result of a preliminary hearing, enter
ed bail for trial
The court in Its opinion holds that it
has no authority to review the action
Of the court below in the demurrers and
the motion to quash. 1t says the only
other contention Of the petitioners that
requires notice is that they cannot
have fair and impartial trial in the
court Of quarter sessions in Philadel-
phia county, where the indictments
are still pending on issues Of fact rails
ed by the defendants pleas Of mot
guilty" On that point the court saysi
OPINION OF THE COURT.
eve cannot assent to this proposition. On
the contrary, we are satisfied that the petit
TONERS can and will have fair and impartial
trial In that court before competent and IN
prejudiced judge, and fair and impartial
jury. If We thought otherwise we would
not hesitate a moment to send the ind.ot-
ments to another Jurisdiction for trial.
THE learned judges, who, by virtue Of
their commissions as judges Of the four COM
mon pleas. of that county. are Judges of oyer
and terminer and quartette session Of the
in said court in pursuance of previous as
signment, under constitutional provision I'm
der this arrangement the judges who held
the criminal courts In November last will
probably not be required to sit therein for
several months thereafter OF the twelve
judges who thus in turn hold the criminal
the petition for the rule. One of these Judge
Gordon) resigned his commission and thus
severed his connection with the common
pleas courts before the petitioners filed their
he is alleged to- have done while he held his
commission, 1t is difficult to say what, if any,
eneot 1t may have in preventing OF even tend
ing to prevent the petitioners from having a
fair and impartial trial before either of the
other judges now in commission, The onIy
apparent objections 10 the other learned
judge (Fin!etter) who rightly took the place
OF his colleague when the latter resigned,
are that he Ole not dispose Of the demur-
rers and motion to quash in the manner
that petitioners claim he should have done,
and that he has a son member of the bar
who holds position In the district attor-
ney's office. These objections were uncalled
lot, and require no comment except that in
his opinion oyerruling the demurrers and
motion to quash he clearly and fearlessiy
stated his reasons for SO doing and we see
no reason whatever to question his integrity
OF purpose. and he Is too well known and
TOO highly respected in this community and
ELSEWHERE to require any vindication at our
hands: When the 18TH of December was
dlctments 1t was we'll understood that ether
Judges would hold the December sessions of
the criminal courts. and that months would
probably elapse before it would again come
the turn of the learned president of conn
mon pleas No. Finletter) to serve In said
courts When the petition was presented and
rule to show cause with stay OF proceedings
was granted on Dec. 8, 1898. a speedy trial
was IN prospect on the following Monday.
tpeIors one OF the learned judges then hold.
ing the criminal courts, against neither OF
whom was there then or since a. breath of
complaint; and we have no reason to 1aubt
that fair and impartial jurfes could then and
can now be empaneled for the trial a. IN
several indictments. ~ 'Ho
Without further reference to other feat.
ures OF the case. our conclusion is that thera
appears to be no sufficient reason to iustifv
me th issuance Of certiorari. The rule to
sn nS,a, cause Is therefore discharged and the
petition Is dismissed at the costs OF the ne.
titfoners 4" VI 1ne Pc