Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1899-01-08


approved. He observed that the vote
of 10000 majority in this city for the
candidate who, it is alleged, the pro-
ceedings were instituted for the pur-
pose of defeating was refutatioh or
the claim that there was an abnormai-
ly infiamed public opinion against Quay.
Mr.. Graham then adverted to the as
sertions by the defence that libellious
articles had appeared in the news
papers and that these and the machin-
cry in the district attorneys office
would influence the securing of fair
jury. He asked if it had come to such
pass that those charged with the ad-
ministration of justice could be so
charged. A sensation was created by
the declaration that followed, causing
a general stir in the court room. with
my connection with the case ended,
he warmly said, Il want to say to this
court that the peril Is not partial
judge nor an infiammed public opin-
ion, but it is the power of the jury
fiXer in the court below" The former
district attorney could see he had no
reason to ask if the defendant was a
candidate. The law does not recognize
a defendants position nor whether he
is wealthy or vagrant. He deemed a
monstrous doctrine that because OF the
newspaper publications 1t would be i'm
possible to secure fair trial and an
impartial jury of twelve men. He de-
clared that it was not impossible to get
a fair minded jury of twelve men.
The point was urged that the SUI
preme Court was without jurisdiction,
the act creating the superior court not
placing any such proceeding before the
latter.
Justice Sterrett interjected that it
was not considered that the Supreme
Court did not have the right to review
the action of the Superior Court 1t
was argued the Supreme Court should
not cast the imputation on the twelve
judges of the courts that the defense
asked in requiring transfer to anoth-
,er court In closing he thanked Dis
trict Attorney Rothermel for the oppOr-
tunity to
CLOSE HIS CONNECTION
with the case with the argument to-
day. When Mr. Graham ended his ar
gument which had occupied seventy
minutes, a large part of the crowd left
the court
Rufus E. Shapley made the closing
speech for the defense. Mr.. Shapley
said he would not attempt to answer
the tempestuous argument of the eX-
District Attorney, especially that part
relating to himself and Judge Gordon.
Never since the days of the infa-
nous Jeffreys," said he has there been
disclosed such a shameless and afro
ciocs attempt to prostitute the courts
and the powers conferred upon the Dis
trict Attorney and the process OF JUS
tice for purely malicious purposes as
is shown in this case"
In his arraignment Mr.. Shapley argued
at length on the question of the power of
the supreme court to act. He said there
was no doubt that the function of the
superior court to revise and that of the
supreme court to supervise were wholly
different powers. The alternative motion
was dwe!t upon and Mr.. Shapley said that
if it were allowed and a hearing held be-
fore master. witnesses could be examin-
ed under oath. He spoke of the fact that
Mr. Graham was not under oath when he
appeared before the court. And" he
sided, wisely not under oath; l repeat,
wisely not under oath"
lie stated tndL lHe ueIeuSt WOulu nave
to call Judge Gordon and the district at
torney and his first assistant, compelling
the witnesses to appear and to answer
the penalties of perjury. Mir Shapley rid
iculed the allegation of the prosecution
that there was no malice shown in the
proceedings against Quay, and he assert-
ed that the case was rotten and
REEIKIlNG WITH MALICE.
The attention of the court was directed to
newspaper illustrations, one of which ex-
hibited Quay in the shadow of a peniten-
tiary door He declared that the court
well knew the influences that moved the
NEWSPAPERS, he attributing it to the po-
!.tical enemies Of Quay. The district at
to1ney'S statement about jury buying led
Mr.. Shapley to say that it would be i'm
possible for him to countenance such pro-
cedl.re On the other hand. he made in
situations as to the fixing of juries in po-
ltieal places by prosecutors in times gone
by. Declaring that every one knew some
thing about them, although the district
attorney might be too young to have
knowledge of them. He further declared
that it would be impossible to hope to OBJ
tain - fair jurors
When Mr. Shapley closed the argument
ended and the court adjourned until Mon
day.