The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-01-11
QUAY rs HIT HARD
In the Ruling Handed Down by the
Supreme Court.

Philadelphia, Jan. 1.-THE supreme
court in an opinion, handed down by
Chief Justice Sterret, has dismissed the
application in the Quay conspiracy case
for a writ of certiorari and placed the
costs on the petitioners. The petition
of the defendants, United States Sena-
tor NJ. s. Quay, r. NJ Quay and Benja-
min Haywood, averred that on account
of political prejudices they were of the
belief that they could not obtain a fair
and impartial trial in the Philadelphia
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. Hipkins, the
cashier of the Peoples bank, who COM
united suicide in March of last year in
the use of state funds on deposit in that
bank The court in its opinion, holds
that it has no authority to review the
action of the court below on the dernur-
rerS and the motion to quash- The court
says the only other contention of the
petitioners that requires notice is that
they can not have a fair and impartial
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.
NO DOUBT OF A FAIR TRIAL.
On this point the court says:
I'VE can not assent to this PROPOSE
ton On the contrary, we are satisfied
that the petitioners can and will have
a fair and impartial trial in that court
before a competent and unprejudiced
judge and a fair and impartial jury.
If we thought otherwise we would not
hesitate a moment to send the indict-
ments to another jurisdiction for trial.
THE learned judges, who by virtue
of their commissions are judges of the
common pleas courts of this county are
judges of the courts of oyer and terTni-
ner and in quarter sessions of the peace,
etc, are II in number and sit in said
courts in pursuance of previous assign
ion. Under this arrangement the judges
who held the criminal courts in Noven-
Der last will probably not be required to
sit therein for several months thereaf-
ter. OF the Il judges who thus in turn
hold the criminal courts only two are
subjects of complaint in the petition for
the rule One of these Judge -Gordon)
resigned his commission and thus sew
cred his connection with the common
pleas courts before the petitioners filed
their demurrers and motion to quash.
As to what he is alleged to have done
while he held his commission, it is diff
cult to say what, if any, effect it may
have in preventing or tending to pre-
vent the petitioners from having a fair
and impartial trial before either of the
other judges now in commission. The
only apparent objections to the other
learned judge CFinletter). who rightly
took the place of his colleague when the
latter resigned, are that he did not dis
pose of the demurrerS and motion to
quash in the manner that petitioners
claim he should have done; and that he
has a son who is a mem Der of the bar
and holds a position in the district at
torney's Office.
OBJECTIONS UNCALLED FOR
'fThese objections were uncalIed for
and REQUIRE no comment other than to
say that in his opinion over-ruling the
demurrers and denying the motion to
quash he clearly and fearlessly stated
his reasons for so doing, and we see no
reason whatever to question his integ-
rity of purpose. and he is too well
known and too highly respected in this
community and elsewhere to require
any vindication at our hands.
when the 18th of December was
agreed upon as the time for trial of the
indictments it was well understood that
other judges would hold the December
sessions of the criminal courts, and that
months would probably elapse before it
learned president of common pleas
number four OFinletter) to serve in said
courts. When the petition was present
ed and rule to show cause with stay of
proceedings was granted on December
9, 1898, a speedy trial was in prospect
on the following Monday before one of
the learned judges then holding the
criminal courts, against neither of whom
was there then, or since, breath OF
complaint, and we have no reason to
doubt that fair and impartial juries
could then and can now be empaneled
for the trial of the several indictments.
Without further reference to other
features of the case. our conclusion is
that there appears to be no sufficient
reason to justify the issuance of GER
tiorari- The rule to show cause is
therefore discharged and the petition is
dismissed at the costs of the petition
ers."
Our own home make. ask your grocer
for them. they are better than the So
called best Silver Leaf Sweet Pickles,
Mince Meat. Celery Relish, Catsup and