The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-11
QUAY MUST GO BEFORE JURY.
SUPREME COURT REFUSES PETI-
TION FOR CERTIORARI.

Court Had Jurisdiction, But Could
Not Review Lower Courts PreIimi-
nary Action on Indictments-NO
Right of Appeal Until After Com
vfctiOn and Sentence-COurt Be-
Iieves He Can Get Fair Trial.
Graham May Prosecute.
Philadelphia, Jan. 1O-The Supreme
Court to-day. in an opinion handed down
by Chief Justice Sterret, dismissed the
application in the Quay conspiracy case
for writ of certiorari and placed the
costs on the petitioners.
The petition of the defendants, United
States Senator Quay, R. r. Quay and
Benjamin A. Haywood averred that on sc-
count Of political prejudices they were of
belief that they could not obtain fair
and impartial trial in the Philadelphia
Court of Quarter Sessions when the suit
against them was instituted.
The opinion of the court was handed to
the clerk, but was not read from the
bench, Judge Sterret merely announcing
the dismissal of the rule to show cause
why 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
committed suicide in March last. in the
misuse of state funds on deposit in that
bank. The defendants were placed un-
der arrest in October last, and as re-
suit of a preliminary hearing entered bail
for trial Several postponements of the
fixed date for trial have taken place.
By Enemies, Says Quay.
Senator Quay and his co-defendauts have
persistently Gained in their defense IN
the preliminary proceedings that the pros
ecution was instigated by his political en-
emies with the object of defea ting his re-
election to the United States Senate.
Two of the judges in the Philadelphia
County Court were named in the petition
Of the defendants, which was filed with
the Supreme Court, as under the ban of
the defendants suspicion Judges Gordon
and Findletter were the members of the
judiciary named. These judges were on
the bench at dffernt times during the ear
lier proceedings. Judge Gordon, however,
has resigned from the bench to engage in
professional practice, and Judge Findlet-
ter 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 Terminer, and would not have
presided at the trial. The petition of the
defendants for a writ of certorari 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 at
torney.
Graham May BE Retained.
Another interesting feature in the case
is that the personnel in the district attor-
ney's office has changed since the pro-
ceedings were instituted. p F. Rother-
mel was elected in November last and as
sumed the office Jan. /, succeeding George
S. Graham, whom the defendants in this
case alleged was particularly active by
reason Of political enmity, in pressing the
prosecution.
Mr.. Graham was, however engaged by
Mr. Rothermel as special attorney to con-
duct the opposition before the Supreme
Court last week 10 the motion for the writ
of certiorari Whether Mr.. Graham viii
handle the case when it is resumed in the
County Court, has not yet been made pub
lie.
The opinion handed down by Judge Ster-
ret is promised with a contradiction of
the district attorneys challenge that the
Supreme Court had no jurisdiction in the
case The opinion holds that il has such
Jurisdiction and sustans the point by
previous decisions on that matter 1t
says though, that the question of GER
tiorari must be exercised in and for the
administration of justice; not to defeat 1t
or needlessly embarrass it," and that the
court cannot assent to the petitioners
contention that it is this courts duty TO
in this case, to review the action of the
court below, in overruling the demurrers
TO some of the indictments and refusing
tO ouash the others
Can Get n Fair Trial.
1.-THE orders overruling the demurrers
and. refusing to quash are merely inter
locutory,' the opinion says, "and no right
to appeal therefrom. 60 any court lies un-
til after conviction and sentence"
The court, therefore, is of the opinion
that it has no authority to review the
action of the court below on the demur-
rers and the motion TO quash.
The court says the only other contention
of the petitioners that requires notice is
that they cannot have a fair and impair
tial trial in the Court of Quarter Sessions
of Philadelphia county, where the indict-
ments are still pending on issues of fact
raised by the defendants pleas of mot
guilty" on this point the court says:
1--WE cannot assent to this proposition
on the contrary, we are satisfied that the
petitioners can and will have a fair and
impartial trial in that court before COM
petent and unprejudced judge, and fair
and impartial jury. If We thought other
wise we would not hesitate a moment to
sard Tho indictments TO another iuriedio-