The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-06-20
WAyLAND CASE ARGUED,
Major Warren Attacked the Indict-
ment Which Was Found Against
Him on Several Grounds.


Him on Several Grounds.
only one of the more important
quarter sessions cases on yesterdays
argument list was reached. This was
| the case Of the commonwealth against
| s. T.. Wayland charged with obstruct-
| ing justice. in which an effort is being
made to quash the indictment. Major
Everett Warren and Joseph O'Brien
are attorneys for Mr.. wayland. The
commonwealth is represented by Dis
trict Attorney W. r. Lewis and Il. c.
Newcomb of counsel for the Municipal
| league.
Major Warren opened the arguments
with a vigorous attack on the methods
pursued by the Municipal league in its
| prosecution of Mr.. Wayland. He said
| he had nothing but commendation for
| the reform work the league has accom-
| plished and is accomplishing, but he
was constrained to say that their
methods in the Wayland case were H.
| legal, improper and unfair.
After reciting the facts. Major War
rem proceeded to tear the indictment
| into all kinds of shreds.
1t was presented to the grand jury
without any previous binding over, he
said. and there is no supreme court
| decision that will permit of this. while
| there are any number of them express
| ly forbidding it. The declaration of
| rights says there shall be no present.
| ment without previous binding
| over except in cases of fragrant
| vice or crimes of public noto-
riety. 1t is not to be exercised In any
| ordinary crime. Refusing to answer
some questions at an aldermanic hear
| ing. 1t was contended. was not fla
grant vice or crime of public noto-
| riety.
| The offense of obstructing justice. IL
anything, is where a person hinders a
| legal proceeding by being obstreperous
| or contumacious. Mr. Wayland was
| neither of these. it was held.
The failure of the commonwealth's
representatives to include in the mat
| ter of the indictment the replies of Mr..
| Wayland as well as the questions ask
| ed him, was alleged by Major Warren
| to be an evasion and violation of the
| order of the court. and. in consequence,
ii fatal defect. This omission, it was
| further stated. does the defendant a
| gross injustice as it makes it difficult if
|
| case on the constitutional question
| raised by his replies, the burden Of
| which was that he relied in his re-
! fusals on the bill of rights.
The proceedings before the alderman
were assailed for various alleged
| irregularities. 1t was hagrantly irregu-
| lar, the major contended. because of
| the attempt of the magistrate to hear
Il md hn NJ
time. Some of the defendants We're
| being tried for bribery and some for
corrupt solicitation, and the law makes
these two separate and distinct crimes.
1t was manifestly legal impossibility,
| it was argued, for the alderman, SIM
| ultaneously. to try one man for one
| crime and another for a toally differ.
cnt crime. 1t was also charged that a
fatal mistake was made in not afIlrma-
lively setting forth the magistrates
jurisdiction.
The main ground for moving the
quashing of the indictment. Major
| Warren stated, was that the "eXcep-
| ton" provision of the constitution in
| regard to witnesses in bribery cases
not being entitled to avail themselves
of the protection of the bill of rights,
is not self-eXecuting and the only law
passed by the legislature to carry it
into effect makes it apply specifically
| to hearings before trial judges. An al
| derman assuredly is not a trial judge
| the major averred. The bill of rights
| is therefore in full force in an alder
mans court, it was argued.
But even If this contention was not
good, Major Warren went on to say,
| the bill of rights would still stand free
| from the operation of the exception in
| question, for the bill of rights of the
| Federal government has this protect
| ing clause, and the constitution of the
United States says that no state shall
pass any law that will abridge or in
fringe the constitutional rights of the
| individual. 'The Fourteenth amend
| ment, which was passed to protect the
black man in the South, will protect
the white man in the North, and we
will secure to our client this protection.
il we have to go To the Supreme court
of the United States" declared Ma ior
Warren with dramatic force. He con-
cluded with the declaration that the
Municipal league would not be per-
mitted to override the constitution OF
the United states to give Alderman
Fuller authority to send S, T.. Wayland
to jail as a criminal and to allow the
leagues attorneys to put thumb screws
on the free-born citizens of Lacka-
wanna county.
1t was approaching O'Clock when
Major Warren concluded, and the
other arguments We're in consequence
put over until this morning.
The motion to quash the indictment
in the case against Mrs. Annie Ames,
of Forest City, was argued at length
by Mr.. O'Brien for the defendant, and
District Attorney Lewis for the COM
monwealth Mrs. Ames was prosecuted
by her husband but a mol pros. was
entered. The next day Mrs. Knapp, the
wife of the man i'm the case, had Mrs.
Ames arrested.
Mr.. OBrien argued that court can
| abate prosecution, If, In its discre-
ton, the ends of justice are served,
and the court by accepting the mol
pros in the first case, practically dee
clared that the ends of justice We're
served by abating the prosecution
This being the case. the new indict-
ment should be quashed.
District Attorney Lewis opposed the
motion on the ground that it would
not be serving the ends of justice to
have DR.. Knapp languishng in Jail and
the woman, who was equally guilty in
the eyes of the law, going about scott
free.
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