Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1899-04-27
Acquitted and Appointed.

At the opening Of the court on Thurs
day, Attorney Watson for Quay moved
that the court withdraw the case from
the iury and direct a verdict Of mot
guilty. he also moved to strike out the
red book from the evidence; Dist.
Attorney Rothermel answered him. the
court refused to take the case from the
Jury. Attorney Shields then said the
defense would offer no testimony
District Atty Rothermel addressed the
jury first and was followed by Shields.
Judge BiddIe did not 20 into the evi-
dence. He said the case had been ably
conducted and he would leave the de
cision to their judgement. At first his
charge appeared to be shade against
Senator Quay, but as he proceeded 1t
was apparent that the impression the
jury must get from his words was one
Of impartiality. He said:
BY the law of Pennsylvania three
things are forbidden -depositing State
funds to the profit Of the State Treas
urer, loans Of State funds with or with
ont testimony, and the conversion of
State funds TO third party. Nobody
| conspires openly except on the stage.
Judge Biddle then read an opinion on
criminal conspiracy which held that in
order to discover conspiracy justice is
obliged to follow all the devious ways
Of the conspirators. The opinion
agreed with his own, frequently ex-
pressed during the trial, that individual
and apparently isolated acts were eyi-
dence to prove conspiracy.
Judge Biddle then read TO the jury
two points Of law submitted by the de
tense which he affirmed. A number OF
other points were not affirmed. The
| jury left tine court room, with the case
Of the Commonwealth versus Quay
| entirely in their hands at exactly
| o'clock Court then adjourned, but il
was agreed that if the jury found yer
dict before 10 O'Clock that night the
judge and counsel would be sent foi
| and the decision announced
The jury was out all night, 20 hours
in all, and came in next morning at II
| o'clock, and returned verdict Of mot
| guilty" and within an hour after, Coy
Stone appointed Quay TO fill the vacancy
in the e. s. Senate. His note to Vice
President Hobart reads az follows:
Sir By virtue Of the power vested
| ia Inc AS executive Of the State Of Penn
sylvania, under Article L., Clause 2
Section 3, Of the Constitution Of the
United States, hereby make temporary
| appointment Of Hon. Matthew STANLEY
Quay 10 be United States Senator from
| Pennsylvania until the next meeting OF
| the Legislature Of Pennsylvania, 10 I'll
| the vacancy existing in this State.
The constitutional authority which
the Governor quotes ~ giving him tho
right to appoint is found in Section .
Article l., Of the Constitution Of the
United States, which reads as follows
| And if vacancies happen by resigna-
ton, or otherwise, during a recess OF
the Legislature Of any State the Execn
tiye thereof may make appointment
until the. next meeting Of the Legisla.
ture which shall then FIJI such yacan
cies.
This Interpretation Of the Constitu-
| ton by the Governor il disputed by
those who say that the vacancy did not
occur during n recess, but while the
Legislature was in session, and that
consequently the Governor only duty
was TO call the Legislature into extra
session for the purpose Of filing the
! vacancy.