The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-01-12

PHILADELPHIA Jan. 1.-The supreme
tourt, in an opinion handed down by |
Chief Justice Sterritt, dismissed the
Application in the Quay conspiracy case |
Tor writ Of certiorari and placed the |
costs on the petitioners. The petition |
of the defendants, United States Sena- |
tor NJ. s. Quay, r. II. Quay and Benja.
min ]. Haywood. averred that on ac-
count Of political prejudices they were
of belief that they could not obtain a
fair and impartial trial in the Philadel-
phia court of quarter sessions when the
suit against them was instituted.
There was no dissenting opinion.
The charge against tho defendants was
that OF conspiracy with John s. Hop
kins, the cashier of the Peoples bank
(who committed suicidein March last) in
the misuse of state funds on deposit in
that bank. The defendants were placed
under arrest in October last and as a re-
snlt of preliminary hearing entered
bail for trial.
The court in its opinion held that 1t
had no authority to review the action
of the court below on the demurers and
the motion to quash. The court said
the only other contention of the peti.
TONERS that required notice was that
they could not have fair and impartial
trial in the court Of quarter sessions OF
Philadelphia county, where the indict.
ments were still pending on issues of
fact raised by the defendants plea OF
mot guilty" On this point the court
| said in part:
We cannot assent TO this proposition. On
| tba xUa Satisfied that Dptl.
TONERS can and will have fair and impartial
| trial in that court before q competent and un.
| prejudiced judge and fair and impartial
| jury. II we thought otherwise we would not
hesitate moment to send the 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 terminer and
| quarter sessions Of the peace, ETC., are IL In
| number and sit in said courts In pursuance OF
| previous assignment under the constitutional
| provision. Under this agreement the judges
| who held the criminal courts in November last
| will probably not be required TO sit therein
for several months thereafter. OF the II
| judges who thus in turn held 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 severed his connection
with the common pleas courts before the peti'
TONERS filed their demurrers and motion to
quash. AS to what he is alleged to have done
while he held his commission II Is difficult To
say what IL any, effect it may have in pre-
venting or even tending to prevent
the petitioners from having fair and
impartial trial before either OF the Other
Judges now in commission. The only appar
| ent objections to the other learned judge
(Finletter) who rightly took the place of his
! colleague when the latter resigned, are that
! he did not dispose Of the demurrers and mo
ton to quash in the manner that the petition
ers claim no should have done, and that he ha!
a son who is member of the bar and holds
| a position in the district attorneys office.
These objections were uncalled for and re
ouire no comment further than to say that II
| his opinion overruling the demurrer and de
| nying the motion to quash. he clearly anC
fearlessy stated his reasons for 80 doing, an'
we see no reason to question his integrity o
| purpose and he Is too well known and to-
| highly respected in this community and else
where to require any vindication at our hands
| When Dec. IL was agreed upon as the time TO
| trial Of the indictments 1t was we'll under
| stood that other judges would hold the De
| cember sessions OF the criminal court, ant
that months would probably elapse before l
: would again come the turn Of the learne
! president of common pleas No. (Finletter
to serve In said courts.
When the petition was presented and rul
to show cause with stay OF proceedings. wa
l ",
prospect on the following Monday before on
Of the learned junges then holding the Grim
inal courts, against neither Of whom wa
there then, or since, breath OF complaint
and we have no reason to doubt that fair an
impartial juries could then and can now
empanelled for the trial Of the several indict
4 | ments-
without further reference to other feature
| OF the case our conclusion Is that there al
| pears to be no sufficient reason to Justify tn
issuance OF certiorari. The rule so sho,
, cause Is therefore discharged and the petitio
, is dismissed at the costs of the petitioners.
Senator Penrose said the guilt or IN
: nocence OF Quay had not been passe
upon by the supreme court, and 1t di
not effect the senatorial situation. III
still held that the suit was for politica
effect. He said he had no doubt Qua
would be acquitted.
John Wanamaker said:
have no comment to make, because I d
not believe il criticising any decision of
court, and be ,ides do not believe in heapin
;, misfortune up misfortune
The executive committee of the Phi
a adelphia branch OF the Business Men
/ Republican League of Pennsylvani
today, in resolutions, congratulate
those Republican members of the legis
lature VINO absented themselves fror
the caucus nominating Senator Quay
= and offered a reward of $4,000 for tn
detection and punishment of any prih
cry by promise or place, position or De
, cuniary consideration.
Secretary of the Commonwealth Mar
tin and E. A. Vanvalkenberg left 70
state capital, and will be followed b
Mr.. Wanamaker aud other opponent
4 OF Senator Quay. Senator Penrose
0 State Senator Durham and other Qua
leutenants will also go to Harrisburg
! FIX Governor Pattson, and possibl
l William Il. Harrity, will be among tn
: early departures to work in the nteres
= of Mr.. jerks for the Democratic caucu
nomination.
D Can lie Buried at Gettysburg.