The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-11
Supreme Justices Review Petitioners
Allegations and Uphold Action
of Judge FinIetter.
KNOCKOUT FOR Mr.. GOEBEL
KENTUCKY DEMOCRATS BLAST HIS
POLITICAL AMBITIONS.
Senator Lodge Re-EIected-JOhn Kean
Jcrsey-CaIifOrniaB Ballot.

PHILADELPHIA, Jan. 10.-The Supreme
Court to-day, in an opinion handed down
by Chief Justice. Sterrett, dismissed the ap-
plication in the Quay conspiracy case for a
writ of certiorari and placed the costs on
the petitioners. The petition of the de-
PENDANTS, United States Senator NJ. S. Quay,
r. r. Quay and Benjamin ]. Haywood,
averred that, on account of political preju-
dices, they were of belief that they could not
obtain a fair and impartial trial in the Phil
adelphia Court of Quarter Sessions where the
suit against them was instituted. 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 lasD, in the misuse of state funds
deposit in that bank. The defendants
were placed under arrest in October last,
and a result of a preliminary hearing
entered bail for trial.
The court in its opinion holds that it
has no authority to review the action of
the court below on the demurrers and the
motion to quash. The court says the only
other contention Of the petitioners that re-
quires notice is that they cannot have a
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 mot guilty" On this point the
court says:
I'VE cannot assent to this proposition. On
the contrary, we are satisfied that the petit
TONERS can and will have a fair and i'm
partial trial in that court before competent
and unprejudiced judge and fair and i'm
partial jury. IL we thought otherwise we
xxrrt,J NOT nr;4, 20
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, are
judges Of the Courts of Oyer and Termner
ard Quarter Sessions of the Peace, etc. are
twelve in number, and sit in said courts in
pursuance of previous assignment under the
constitutional provision. Under this ar
raGgement the judges who held the Criminal
courts in November last will probably not he
required to sit therein for several months
thereafter OF the twelve judges who thus
in turns hold the Criminal courts only two
are subjects of complaint in the petition for
the rule One of these (Judge Gordon) re-
signed his commission and thus severed
his connection with the Common Pleas
courts before the petitioners filed their de-
murrers and motion to quash AS to what
he is alleged to have done while he held his
commission, it is difficult to say what, if
any, effect it may have in preventing or
even tending to prevent the petitioners from
having a fair and impartial trial before
either of the other judges now in commits
sion.
1.-THE only apparent objections to the other
learned judge F'inletteO, who rightly took
the place of his colleague when the latter re-
arn hot ba Az
demurrers and motion to quash in the man
ner that petitioners claim he should have
done, and that he has son who is a men,
ber of the bar and holds a position in the
district attorneys office. These objections
were uncalled for and require no comment
further than to say that in his opinion
in overruling the demurrers and denying
the motion to quash, he clearly and fear
lessly stated his reasons for so doing, and
we see no reason whatever to question his
integrity of purpose, and he is too well
known and too highly respected in this com
munity and elsewhere to require any vindi-
cation at our hands. When the 18th of De-
cember was agreed on as the time for trial
of the indictments 1t was well understood
that other judges would hold the December
sessions Of the Criminal courts, and that
months would probably elapse before il
would again come the turn of the learned
president of Common Pleas No 3 GTnlet-
teri TO serve in said courts. When the peti-
ton was presented and the rule to show
cause, with stay of proceedings, was grant
ed, on Dec. g. $685. a speedy trial was in
prospect on the following Monday before one
of the learned judges then holding the Grim
inal courts, against neither of whom was
there then, nor since, a breath of com
plant, and We have no reason to doubt that
fair and impartial juries could then and can
now be impaneled for the trial of the sew
eral indictments.
Without further reference to other fea-
lures of the case our conclusion is that there
appears to be no sufficient reason to Justify
the issuance Of certiorari. The rule to
show cause is therefore discharged and the
petition is dismissed at the costs of the be
titiorprs"