Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-04-22
jurors, patted them on the back and
told them what heroes they were.
Senator Quay's only comment on the
verdict was:

Senator Quay's only comment on the
verdict was:
well, expected it."
The case went to the jury at 3 o'clock
yesterday afternoon and four ballots
were taken before the final decision was
reached. The first ballot stood 10 to 2
for acquittal, the next two stood II to
l. The one standing out for conviction
by this time had very much modified
his reasons for conviction, and when
the last ballot was taken he voted for
acquittal. The jurors who stood out
for conviction are said to have been
Charles Penzler, shoemaker, Seven
teenth ward, and Edward Bevan, paint
er, Nineteenth ward. Penzler voted
for acquittal after the first ballot, but
Bevan held out until this morning,
when the final ballot was taken. Fore
man Hill announced the verdict in q
clear, loud voice, placing emphis on the
word mot"
After the crowd left the court room
District Attorney Rothermel was ques-
toned regarding the remaining indict-
ments. He said there are three of
them and they are still pending, but
he would not say what his course will
be regarding them. In two of these
indictments Senator Quay is charged
with conspiring with Hopkins and
Haywood, as he was in the one under
which he was to-day acquitted. In the
remaining indictment he is charged
with conspiracy jointly with his son,
Richard R. Quay. This charge grew
out of the loan of 100000 to young
Quay obtained through a deposit of
that much of the State money in the
Peoples Bank.
Senator Quay's lawyers say the dis
trict attorney picked out the Indictment
on which he could make the best case
for the trial just ended and he will not
dare bring the Senator to the bar
again
Political friends of Senator Quay are
urging him to bring criminal prosecu-
ton against those enemies who they
claim are behind the prosecution of
their favorite, but the Senator will not
intimate what his course in this re-
spect may be.
Harrisburg, April 21.-Immediately
ON receipt of the news that Col. Quay
was acquitted of the charge against
him, Governor Stone appointed him
United States senator to fill the vacancy
until the next Legislature meets, and
notified Vice President Hobart as fol-
lows:
Sir: By virtue of the power vested
in me as executive of the State Of Penn
sylvania, under article first, clause two,
section three of the constitution of the
United States, hereby make temper
airy appointment of the Hon. Matthew
Stanley Quay to be United States SEN
ator from Pennsylvania until the 1eyt
meeting of the Pennsylvania Legisla-
ture, to fill the vacancy now existing in
this State. Very respectfully,
VIM. A. STONE.
Governor of Pennsylvania.
Governor Stone said that in appoint
ing Col. Quay he felt that he did the
fit and proper thing. He thought it
would make the issue and is better done
now than by waiting for weeks.
The authority cited by the Governor
says that the Governor of any state
may make temporary appointment
during a recess to hold until the next
legislature meets.
This Interpretation of the constitu-
ton by the Governor is disputed by
those who say the vacancy did not oc-
cur during decess, but while the Leg
islature was in session and that eonse-
quently the Governors only duty was
to call the Legislature into extra ses-
sion for the purpose of filling the va
cancy.
The dual incidents of Quay's acquit-
tai and his appointment to the United
States senatorship created the greatest
excitement in political circles here,
and there was much speculation as to
the outcome. The friends of Quay are
wild with glee and say that he has
achieved two triumphs now that must
certainly react in his favor and that he
will be triumphantly reelected when
the Legislature meets. 1t is not ex-
pected, however, that Governor Stone
will call the Legislature into extra ses-
sion, but will take no further action in
the matter.
APPOINTMENT ILLEGAL.
Pittsburg, Pa, April 21.-The Dis
patch tomorrow will publish the fol-
lowing from Hon. George A. jerks, on
the senatorial appointment made to-
day:
'Brokville, Pa. April 21.-In reply
to yours: AS the vacancy in the SEN
atorial office did not occur during the
recess of the Legislature of the State,
the executive Of the State has no power