Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-10
Supreme Court Dismisses Applica-
ton for Writ of Certiorari.
COURT UNANIMOUS IN OPINION
Case Now Goes Back to Lower
Court for Trial.
CHI A NC E IN OFFICIAL L S

PHILADELPHIA, January 10.-The su-
preme court today, in an opinion handed
down by Chief Justice Sterrett, dismissed
the application in the Quay conspiracy case
for writ of certiorari and placed the costs
on the petitioners. The petition of the de-
fendants-United States Senator NJ. S.
Quay, r. r. Quay and Benjamin ]. Hay
wood-averred that account of political
prejudices they were of belief that they
could not obtain fair and impartial trial
in the Philadelphia court of quarter ses
sions when the suit against them was in
stituted
The opinion of the court was handed to
the clerk, but was not read from the bench,
Judge Sterrett merely announcing the dis
missal of the rule to show cause why a
writ of certiorari should be issued. There
was no dissenting opinion.
, The charge against the defendants is that
of conspiracy with John S. Hopkins, the
cashier of the Peoples Bank (who commit
ted suicide in March lasD, in the misuse of
state funds on deposit in that bank The
defendants were placed under arrest in Oc-
tober last, and result of a preliminary
hearing entered bail for trial. Several
poStpOnementS of the fixed date for trial
have taken place.
InstiSated by Political Enemies.
Senator Quay and his codefendants have
preliminary proceedings that the prosecu-
ton was instigated by his political enc
mics with the object of defeating his re-
election to the United States Senate.
Two of the judges in the Philadelphia
county court were named in he petition If
the defendants which was filed in the SUI
preme court as under the ban of the de-
fendants suspicion. Judges Gordon and
Finletter were the members OF the judiciary
named, These Judges the bench
at different times, during the earlier pro-
ceedings. Judge Gordon, however, has re-
signed from the bench to engage in profess
siOnal practice, and Judge Finletter, at the
time the trial was to proceed, had retired
from the quartz sessions court to his regu-
lar duties in the court of oyer and terminer,
and would not have presided at the trial.
The petition of the defendants for writ of
the lower court, and it's not yet known
when the case will be recalled by the dis
trict attorney.
officer Changed In the Interim.
Another interesting point in the case is
that the personnel Of the district attorneys
office has changed since the proceedings
were instituted. P. F. Rothermel was elect
ed in November last and assumed the Of
flee January l, succeeding George S. Gra-
ham, whom the defendants in this case al
legged was particularly active by reason of
political enmity in pressing the prosecution.
Mr. Graham was however, engaged by Mr..
Rothermel as special attorney to conduct
the opposition before the supreme court
last week to the motion for the writ of GER
uorari. Whether Mr.. Graham will handle
the case when it is resumed in the county
court has not yet been made public
The opinion handed down by Judge Ster-
rett, to which there was dissent, is pre-
missed with a contradiction of the district
attorneys challenge that the supreme court
had no jurisdiction in the case. The opin-
ion holds that it has such jurisdiction and
sustains the point by previous decisions on
that point 1t says, though, that the ques-
ton of certiorari must be exercised in
and of the administration of justice, not to
defeat it or needlcssly embarrass it," and
that the court cannot assent to the petition
er's contention that it is this courts duty
to in this case review the action of the
court below in overruling the demurrers to
some of the indictments and refusing to
QuaSh others.