Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-01-11
QUAY MUST STAND TRIAL.
Court cannot Assent 60 the PROPOSE
lion for Change Of Ncnuc-Isc-
quest IL Dismisscd.

Philadelphia. Jan. io..-Tho supreme
cour. to-day. Ia IN opinion handed
down By chief Justice sterrctt. dis
misscl the application from the quay
conspiracy ease for writ OF ccrtlo-
rari ana placed the costa on the pati-
TONERS.
The rttitlon OF the defendants.
United States Senator NJ. 4. quay. II.
II. Quuy. aud benjamin ]. Haywood.
avcrrcd tLat ON account OF political
rreJudiccu they were OF the belief that
they could not obtain a fair and I'M
partial trial In the Philadelphia court
Of quarter sessions, where The suit
against ti.rn was lnstitutgd. Thcri
was no dissenting opinion.
The charge against the defendants
" that Of conspiracy with John ). Hop
kinH, the cashier 81 the Peoples bank.
WIN committed suicide In March "
last year. IN the Use OF state funds un
deposit w. that bank.
The court In It's opinion holds that Il
has iio authority to review the action
uf the court D., low on the dcmufrVtu
and the motion 10 quash. The vodr;
Ha1n the only other contention ~ the
petitioners that requires notice h. that
they cannot have "A fair and linpnf.ul
trtal IN the court OF quarter sessions
~ Philadelphia county whore tho IN.
diuinoais arr stu pending ola Issues
u Tact ralaed by the dcfcndants' .,lias
of not Ruity,"
On Tits pant the court says; Two
cannot assent to 'hia proposition. on
the contrary. We arr satisfied tina; the
petitioners can and viii have a fair
and impartial trial In that court be-
forr competent and unprotected
Judge and a iait and Impartial jury.
II W. thought otherwise we would not
hesitate IA moment to send the iniict-
mcnts to another Jurisdiction for trial.
The learned judges, who, by virtue OF
thcii commlaslons. are Judges ~ the
foui separate common pleas courts of
.liH country ore judges Of the courts
Of oyer and Tsrmincr. ana quarter
Scrsiohs ~ the Peace. and are we've
In number ami u ~ sale courts IN pyr-
nuancc ~ previous assignment under
tho constitutional provision.
"rndcr this arrangement the judges
who hold IN. criminal courts IN Mo-
v-inbrr lntt Will probably not hr ~
uuifcd to cit therein for several months
thereafter. OF the twelve judges who
thus IN turn hold the criminal courts
only two are subjects Of complaint IN
the petition FOR the rule.
"Onc II ncnc (Judgc Gordon re-
signed hts commission and thus SOW
ereg Its cornec'icn with the common
pleas courts teiore the petitioners He'd
their dsmWTcrr nns inotior 60 'Iuihh.
"As 90 what ne ~ alleged to have
dcne while he hold his commissipi n
II ilil.cui, &c way what. n my. eject II
may have ~ Preventing or tending 10
prrvsnt tn 4. ~, tiers from having a
fair ana lmnhftini trial before vithrr
~ the o,hrr Judscn now In couhnir.
sion. The Gully ~ parent objections 20
the other learned Judge rinlotter)
a al.a - s.Ns - IL
league when the latter resigned. are
tia, he did net dispose % the icnur-
f~rH ana motion 10 runsh IN the ran-
ner that petitioners claim he should
iave dome aud that he has a son who
N 4 member Of the hnr and holds a lio-
slilon IN the district attorneys office.
'Thcse objections were uncalled f1t.
mud require no c, mnent further 'hnn
90 say that In his opinion overriding
the demurfcrr and denying the motion
60 auarh. he cisa.ty and fcnficraly
stated his reasons for 30 doing, and
We see no reason whatever 10 question
his integrity Ca purpose. mud he Il too
well known and too highly respected
In this community and elsewhere 10
rcdulic any vindicntlon ne our hands.
when the 18th Of December was
agreed upon ~ the time for trial ~ the
Indictments II was well understood
that other judges would hold the De-
tffNhtI ffNflNfN Nf NNf 'flfNllhl thhfNNf
ana that months would probably
olnpse before II would again come 60
the turn Of the learned court ~ com.
mon Pleas No 4 tFinlettcrl 20 serve IN
alld courts. When tho petition was
prcsated and rule to nhow cause with
stay ~ proceedings was granted on
December .. ises. 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 q breath ~ complaint. md we
have no reason 20 doubt that fair nndn
impartial jurlcH could then md can
now BE- imnarelod for the trial Of the
aeyern' Indictments.
without further reference 20 other
features ~ the ease our conclusion n
that there appears IN be no sufficient
renHrr TO Justify the Issuance OF q cor
tlnraii The rule 90 show cause II
therefore discharged and the petition
Il dismissed at the costs OF the petl-