Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1899-01-26

tested against the unfairness of their
nositicfn. in that, under the law, only
evidence Of the Commonwealth could
he heard before committing magis-
trate and the defence had no opportun-
ity to show how falsely he was charged.
District Attorney Graham at once waiv-
ed the Commonwealth right in this
respect and offered to allow Mr.. Quay
the opportunity of going upon the wit
ness stand to explain the discriminating
evidence that had been offered against
him. Mr. Quay, however, refused TO
avail himself of this opportunity; Ac-
cording TO the practice of the Phlla-
delphia courts, the case could not be re-
turned for trial before the November
session. This was also a subject of com
plaint by Mr. Quay s counsel. Mr.. era
ham ag ain offered to Immediately sub
init the indictments to the Grand Jury
and to fix day for the trial in October.
Mr.. Quay again failed to avail himself
of this privilege.
Then Mr. Quay started for Florida
and Mr.. Graham sent a note to his coun-
sci suggesting that protracted stay
would be unwise, as an early day would
be fixed for trial Mr. Quay replied
i will not crafty my enemies by mo
ment's delay in the trial of the cases.
Upon the day fixed for Mr.. Quay to
come into court to plead to the indict-
ments he appeared with his counsel and
prayed for more time This time was
granted him. Fiye days afterward his
counsel came into court and demurred
to certain bills and filed motions to
uuash others Almost one entire day
was used in the argument of this phase
of the proceedings, Upon the filling OF
the adverse opinion of Judge Finletter
a day was fixed for trial subsequently
Mr.. Quay asked for more time, and Dec
ember 12 was fixed Shortly before the
day thus set for trial Mr.. Quay filed
his celebl ated petition in the Supreme
court asking for rule to show cause
why a writ of certlorari should not be
issued. The petition was granted and
made returnable on January Z, 1899.
To this petition the district attorney fl
ed his answer in which, among other
things. he solemnly set forth that for
wears hundreds of thousands of dollars
of the sacred trust funds of the State
had been set aside for the personal and
sole use of NJ S. Quay.
While these proceedings were to be
argued in the Supreme court on Jan
uary 7, Mr.. Quay attempted to force
caucus on Jannary 3 eight hours after
the organization of the Legislature.
This monstrous proposition wiped aside
all precedents and we declined to vote
for NJ. s. Quay until he had been acquit-
ted of these criminal charges which he
had adroitly lodged.
1.-THE argument before the full bench
of the Supreme court took place on Jan
uary Z, where Mr.. Quay was represent
ed by able counsel, when, after due de-
liberation, the court, without descent
ing voice, sent the cases back to the
Philadelphia courts for trial, regardless
of the statements of Mr.. Quay under
oath, as contained in his petition, and
the argument of Mr.. Watson, to which
the Governor gives so much weight.
Notwithstanding the above, the Gov
ernor of this Commonwealth brushes
aside the court and jury and all the
criminal charges in the cases, and upon
the naked statement of ID. L. Watson,
the paid attorney of M. S. Quay, de
clares Mr. Quay innocent and the VIC
tim of political persecution. Upon tine
ground of party regularity alone the
Governor urges the election of Nj. >.
Quay while, at the same time, he, as
well as all others knows that Mr.. Quay
cannot be elected by Republican votes,
and that Mr.. Quay and his -lieutenants
are desperately soliciting Democratic
votes as the only means of re-elccting
him TO the United States Senate.
For these reasons we do most emphat-
ically dissent from the'sentiments ex-
pressed in the open letter of the Cover
nor believing that nine-tenths of the
people of the State agree with us and
indorse our action"
The Democratic leaders were arriving
in town and Investigating the fake tele-
gram business.
Nearly 100 Democratic editors of re-
preventative State newspapers respond
ed to a request from local paper as to
the sentiment of the voters of their To-
cality touching the probability of Dem
ocratic Legislators voting for or help
ing Mr. Quay in his contest for the Sen
atorship. The belief is emphatic and
unanimous as to the dreadful punish
ment that must follow such recreancy.
Here is a sample of the replies:
John F. Short, of the Clearfield Re
publican''-''T Democrat who votes
for Quay will be regarded as a traitor
to his God, his country and his fellow
man by every decent Democrat in Clear
field county 1t is not unusual any
hour to hear our best citizens express
themselves thus: The democrat who
votes for Quay should be shot down on
the floor of the House"
At Tuesdays joint session 23S mem
bers were present and the vote stood
Quay 106. jerks 80, Dalzell 10, Stewart
s, Stone s, etc.
The galleries were crowded. the
scheme to have Democratic members
absent themselves failed, steering
committees were appointed by the diff
ferent factions, Quay and Magee were
in conference after the session, the stu
alton remained practically the same
At Tuesdays session of the Senate
McCarrell's bill amending the jury law
and restricting the power of the district
Attorney passed Second Reading. The
purpose of the bill is said TO be tc help
Quay in his coming trial in Phila.
At yesterdays joint session Is pairs
were announced and the vote stood,
Quay 104, jerks 70, Dalzell 16, Stewart
8, Stone Z, etc-234 in all, and 118 nee
ae aary IN alact