New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-11

e ,opr TO REMOVE HIS TRIAL TO
~ SUPREME COURT DEFEATED.


-,, COSTS PAID ny THE PETITIONERS
- ONLY GAIN DELAY-No ABE
orArE GROUND FOR
.t.. ASKING CHANGE
s.,,b,s Ian 1O.-The Supreme Court to-
-. On an opinion handed down by Chief Jus
~. s,err.tt dismissed the application for
-. ~ certiorari in the Quay conspiracy case
-. r,aced the costs on the petitioners me
NV - the defendants-M. s. Quay, United
go Senator: his son. r r. Quay. and Benja-
a., HAYWOOD former State treasurer
M that on account Of political prejudices
49,, we're OF the belief that they could not OBJ
.a,r fair and impartial trial In the Phila-
..,nbia Court Of Quarter Sessions. where the suit
.sa,nst them was instituted.
The opinion Of the Court was handed TO the
.,.rk hut was not read from the bench. Justice
s.srrett merely announced the dismissal OF the
10 - show cause why p writ OF certoi ART should
-, ~ issued. There was no dissenting opin-
.or The charge against the defendants is that
=. conspiracy with John s. Hopkins the cashier
:, IN. Peoples Bank (who committed suicide In
,,oh lasD IN the misuse OF State funds on
.,os,, IN that bank The defendants were
1000 under arrest in October last and as
,es,I, Of a preliminary hearing entered bail
FOR trial
Several postponements OF the fixed date for
trial have taken place. Senator Quay and his
co-defendants have persistently claimed In their
defence In the preliminary proceedings that the
rrosecution was nstgated by his political enc
r,ss with the object Of defeating his reelection
% the United States Senate. Two Of the Judges
4, the Philadelphia County Court were famed
IN the petition Of the defendants. VII n was
fled with the Supreme Court, as under the ban
y, the defendants suspicion Judges Gordon and
rnletter They on the bench at different
times IN the earlier proceedings.
Judge Gordon. however has resigned from
.hs bench to engage in professional practice, and
pdge Fnletter at the time the trial was to
proceed had retired from the Quarter Sessions
Court to his regular duties in the Court Of Oyer
and Terrniner. and would not have presided at
the trial The petition OF the defendants for a
arit Of certiorari. Of course put an end to the
proceedings in the lower court. and It is not yet
known when the case will be recalled by the
District Attorney.
Another interesting point in the case is that
the personnel Of the District-Attorney's office
has changed since the proceedings were insti-
tu-ed p. F. Rotherme was elected District
Attorney in November last, and assumed the
office on January /. succeeding George s. Ora
ham who the defendants in this case alleged
was particularly active by reason Of political
enmty in pressing the prosecution Mr.. era
ham was. however. engaged by Mr. Rothermel
as special attorney to conduct the case before
the Supreme Court last week on the motion for
the writ Of certiorar Whether Mr. Graham
will handle the case when II is resumed in the
county court has not yet been made public.
POINTS IN THE OPINION.
The opinion handed down by Justice Sterrett.
70 which there was no dissent began with con-
tradiction Of the District-Attorneys statement
that the Supreme Court had no jurisdiction in the
case The opinion holds that II has such Juris-
diction and sustains the point by previous de-
cisions II saws. though. the question Of GER
torari must be exercised in and Of the admin
istration of Justice not to defeat II need
essly embarrass IT," and that the CcTrt can
not assent to the petitioners contention that II
Is this Courts duty In this to review the
action OF the Court below In overruling the de-
nurrers TO some OF the indictments and refusing
10 quash the others
THE orders everything the demurrers and re-
fuSng TO Quash are merely lnterlocutory." the
opinion says and no right OF appeal there
from 10 any court lies until after conviction
and sentence" The court therefore Is Of the
opinion that II has authority 10 review the
action OF the court below on the demurrers and
me motion 20 quash
The Court 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 OF Philadelphia
County, where the indictments are still pending
on issues Of fact raised by the defendants pleas
OF not guilty"
On this point the Court says: We cannot as
sent to this proposition On the contrary. we
are satisfied that the petitioners can and Will
have fair and impartial trial in that court
before competent and unprsjudiced Judge and
fair and impartial jury If we thought other
wise We would not hesitate moment to send
the indictments to another jurisdiction for trial
The learned judges. who by virtue OF their
commissions as judges OF the four separate
Common Pleas Courts OF this county judges
OF the Courts OF Oyer and Terminer and Quar-
Yer Sessions Of the Peace, etc. are twelve in
number. and SIT IN said courts in pursuance OF
previous assignments under the constitutional
provisions Under this arrangement the Judges
who held the criminal courts in November last
Will probably not be required TO sit therein FOL
several months thereafter OF the twelve judges
who thus In tura hold the criminal courts only
TWO are subjects OF complaint in the petition fol
the rule"
NO RIGHTFUL OBJECTIONS TO JUDGES
One OF these Judge Gordon). resigned hi,
commission, and thus severed his connection
Win the Common Pleas Courts before the peti
uoners fled their demurrers and motion Il
qussh As 20 what he is alleged to have done
while ne held his commission, 1. is difficult L
sdv what II any. effect 1t may have in pre-
NenthS or evel tending to prevt Mt the peti
uoners from having a fair and impartial tria
neiore either OF the other judges now in com
mission
The only apparent objections 10 the othe
learned Judge Finletter). who rightly took tn
Place OF his colleague when the latter resigned
are that he did not dispose OF the demurrer
ana motion TO quash in the manner that peti
uoAeFs claim he should have done, and that n
mas who is member OF the bar an
noids q position in the District-Attorneys OF
ICA ThEea ~ inne u-nr ncallad for.