UAY MUST FACE A JURY Judge Finletter Overrules the De- murrers. IIe Says the Demurrers Practically Admit the Charges as Contained in the Indictment. JUDGE FINLETTER'S OPINION lle Scores the Defendants For Their Attempt to Delay Matfers—Text of the Decision Overruling the Demur=- rers and the Motion to Quash in the Conspiracy Indictments. The full text of Judge Finletter’'s de- cision disposing of the first objections w10 the indictments in the famous con- spiracy case follows: All of the questions raised by thes= .ljemurrers asad the motion to quash could have heen as fully raised upon motion in arrest of judgment after a trial upon the merits. Such motions serve no good purpose. They prolong the anxieties of the innocent, and they nermit no guilty man to escape. They lo not prevent the commonweaith from submitting other bills free of the er- rors complained about. Their only ef- fect is to postpone and delay a final (disposition of a case. While the right of defendants to use these methods of obstruction and delay may not be questioned, they are regarded by the ‘ourt with disfavor. The common- wealth—the people—has a right, es- pecially in communities like this, to the speedy determination of criminal cases, and the speedy punishment of crim- inals. The public good requires it, and the interests of the innocent defendant demand it. It is necessary for the pro- tection of individual citizen, in his his pe and his property. © In considering questions we should never lose of the point at issue. be an idea that upon possible questions can raised... This is a mistake. A de- purrer raises only aguestion: “Do he charges and facts set cut in the in- dictment constitute & violation of law?” All other questions must be raised at the ‘trial, or upcn a motion for a new trial, or upon a motion in arrest: of judgment, or upon an appeal to the ap- neHate court. In commonwealth vs. tartman Chief Justice Gibson indicates nature and character of such jections when he “The cou us are so uncertain and bald in circumstances as to shed scarcely a ay cof light on the charge which the tiefendants were required to meet.” He does not intimate that this objection could have been raised upon rey. LAW AS TO BANK Bills Nos. 228 sidered together. that the defendant, Quay, the cashier of the People’s bank, buy and sell stocks through the Juhn S.. Hopkins.” Bill No. a conspiracy ‘‘to use money, ‘vty of the People’s bank.” of assembly applicable to these indict- ments are as follows: ‘‘Cashiers of hanks engaging in other business.” Act 1, March, 1860, section 64, Pennsylvania laws, 399: “If any cashier of any bank the life, rson, legal sight "There seems v demurrer to ail the ob- nts 1he says: hefore CASIIIERS. 329 may 209 be con- charges Stanley and ill No. Matthew to the prop- rectly or sale of stocl:, or in any occupation or calling, if his duty as cashier, he shall be suilty of a misdemeanor, and, being thereof convicted, shall be sentenced 10 pay a fine of not exceeding $500." “Cashiers: ¢f banks not to engage in ny otner occupation.” “Act 16, April, 1850, section 10, Penn- sylvania laws, 482: It shall not be law- ful for the cashier of any bank to en in any other profession, occupa- iion, or calling, either directly or in- directly, than that of the pertaining to the office of if any cashier of a bank shall, or indirectly. engage in the and sale of stocks, .or in any other ression, occupation, or calling, .+nan that of his duties of cashier, cashier, upon conviction thereof in any court of criminal jurisdiction, shall be sentenced to pay a fine not exceeding 3500; provided, that this section shall not be construed in such manner as to prevent any cashier from managing his own real estate or private property as heretofore, if such private property he not vested in mercantile, mechanical or manufacturing operations.” DEMURRERS ADMIT THE FACTS. other professicn, other sage other The demuirers admit all the facts set | forth in the indictments—that the Pco- pnle’'s bank was a bank; vas its cashier; that the defendant and Hopkins agreed together that Hopkins should deal in stocks for the defend- ant’'s benefit; nioney of the bank for that purpose. In addition to this the oral arguments of the defendant's counsel 2ver “that John S. Hopkins was the cashier of the People's bank, said bank being a bank of discount and de- | posit: that it does not appear in said indictments that it was unlawful the said M. 8S. Quay to borrow money from said People's bank.” It would seem to be conclusive that these admissions and averments estab- lish that Hopkins had conspired as charged in “thé bills of ‘indictment, and that it would be wiser for me to rest my de- cisjon upon them than to attempt to fortify it by reason or arguments. But a due-regard for the rights of the de- fendants would seem to require that |! 1 should consider the objections and ar- ;suments of their counsel. It must be conceded that the acts of 1850 and 1860 make it a crime fer a cashier of any bank to directly or in- directly engage in the purchase and sale of stock. It is argued that these acts apply under the decision to banks of issue only. There is no such lim- itation in the acts themselves, which forbid the cashier of “any bank’ to do the acts complained of, and it is suffi- «~ient to plead in the words of the act. If the decisions limit the statute to hanks of issue, the question whether or not the Peop’e's bank is a bank 68f issue can be raised at the trial. HOPKINS NOT THE CUSTODIAN. It is undcubtedly true, as argued by demur- | | much | thus taken, | unaccounted for, | officer : ; : | whomsoever aiding © betting or conspired with John S. Hopkins. |, i or absiting or ing said | 328 charges | The acts ¥ | STATE | fendants unlawfully and : ; > clous of this commonwealth shall engage di- do aay | make profit, indirectly in the purchase or than that | ants | posited in the People’s bank | money. duties ap- | cashier, and | sid i ful and a criminal conspiracy. directly | : | appropriate | purchase | pro- | | the such printed and | wise lawful act. the defendant and Jbhn S. | It is a question of evidence, not of pleading. | counsel, that Mr. Quay had a right to | borrow money from the People's bank, i but the conspiracy charged is '‘to use | unlawfully money the properly of the People's bank for the gain, benefit and ! advantage of the said Matthew S. Quay.” | It no wheve appears in the record or | | in the demurrer or in the argument that Mr. Hopkins had the legal custody of the money, nor does it appcar that Mr. Quay knew or had reason to be- lieve that Hopkins had the legal cus- tody of the money. It is charged in the indictment that they conspired un- lawfully to use the money. Unlawfully is the equivalent of without lawful authority, or without the authority and knowledge of the owner, the People's bank. It was, therefore, a conspiracy ‘to appropriate the property of the bank without its consent; and the billcharges a conspiracy to commit larceny, and is, therefore, sufficient. This, however, is also a question of evidence for the commonwealth to es- tablish, or the defendant to explain, and show that it was a loan from the banl:. The bills 330 and 331 are substantially “the same, sn far as the questions raised are concerned. They would be as suf- ficient and not subject to objection if the word “unlawfully” was stricken out. GUARDING PUBLIC MONEY. The acts of assembly under which these bills are founded are as foliows: “If any officer of this commonwealth or any city. borough or township there- of shall loan out with or without inter- est or return therefor any money or valuable security received by him, or which may be in his possession or un- der his control, by virtue of his office. he shall be guilty of a misdemeanor.” Act of March 31, 1860, section 62. “If any such cfficer shall enter into any such contract or agreement with any bank, corporation or individual or association of individuals, by which said officer is to derive any benefit; gain or advantage from the deposit in such bank, corporation or individual or association, of any money or valuable security held by him or which may be in his possession or under his control by virtue of ‘he said office, he shall guilty of a misdemeanor.” Act of March ol, 1860, section €3. “If any s'ate, county, township municipal ofiicer of this commen: vealth, charged with the coll¢ safe ing, transfer or disbursement of public money, shall conver{ to his own use in any way whatever, or shall use by any way of investment in any kind of property or merchandise any the public money entrusted collection, safe lkeening, disbursement, or shall prove faulter, fail to pay over the when thereunto legally required by the state, county or township treasurer, or other proper officer or person pthor, ized to demand and receive the same, every such act shall be deemed and ad- judged to be an embezzlement of so of the said money as shall be converted. invested, used or which is hereby de- clared a mi§demeanor; and every such and every person or persons be- said act shall not ex- 31, be or ‘ction, keen- of to him transfer a de- san ior or or 10 in any way accessory to and being thereof convicted, sentenced to an imprisonment ceeding five vears.” Act of March 1860, section RS. MONEY FOR PRIVATE USE. The indictments charge that the de- fa'sely did combine and agree together by means to use, and did use, large sums of the moneys of the commonwealth. The de- murrers admit all of these facts to be true, but contend that they violate no law. These are three distinct violations of the law. It is contended by the defend- that when the money was de- it ceased to be public money, and therefore there could be no conspiracy to use public If it be conceded that it ceased to be public money how this can make the indictment de- fective, ants lawful which before were to A conspiracy to steal or or to use for private gain the money is fruitless so long as treasury, or so leng as it control of the treasurer. public it is the Its cess of the conspiracy. posit may be the crowning act of the ! conspiracy, which makes it successful. by which the ! It may be the means crime was committed, which the public nrivate gain, the means by and for purnoses | authorized by law. i It is true that as between bank and |! | depositor the- that Hopkins | de- from de- - property in money posited passes the bank, and ! positor upon deposits made, but as re- | gpects parties to a criminal conspiracy. { who use the lawful transaction of a: de- | that they should use the | posit as a means to crime, their erim- inal intent will follow posited and their fraud taint an other- Besides, the conspira- cy may be complete while the money is in the treasury, and its transfer by deposit can then have no eflect to legai- | ize the conspiracy. for | It surely will not be seriously con- tended that if the treasurer conspires with others to convert to their own | use the public money for private gain, and they employ every means to do so, in a bank, ! the conspiracy and makes the unlawful acts lawful and prevents the punish- | | ment of a completed successful con- | piracy. Bill 331 charges a conspiracy with the | various treasurers since 1888. Tt, how- | ever, also charges a eonspiracy with Treasurer Haywood, and is, therefore, | good as against him and the other de- | fendants. So far az the other treas- urers are concerned, it is a matter of evidence. The court has no authority to declare unon a demurrer that a charge Is impossibie, as argued by de- fendants’' counsel. It might very well be that a conspiracy was entered into in 1888 to continuously use the pubic money, which was completed in 1898. It is argued that the means by which the conspiracy was committed must be pleaded. Not so, however, in indict- { acy as in one of the counts here; for the conspiracy may have gone no far- ther than th2z mere combination. And portion ! be | mali- | public | not so In executcd conspiracies, whera the unlawful act complained of is In the end accomplished by the confed- erates and the unlawfulness of the means is not questioned. Where the acts complained of are the unlawful object of the conspiracy, and have heen accomplished, it is sufficient to plead them as accomplished. HAYWOOD BILL SUSTAINED. A motion to quash bill No. 332 has heen made, but it has not been serious- ly argued, and no substantial reason has been given to sustain the motion. The bill meets all the requirements laid down by Judge Bregy, and it is in accordance with the p_-actice of this court from time immemorial. Judge Allison simply announced what was the practice and law and what they had always been when he said: ‘“The returns in the case of Morton et al. charge conspiracy and state the overt acts committed in pursuance of the conspiracy; these overt acts are in themselves crimes for which one may be indicted, such as embezzlement. fraudulently making and uttering writ- ten instruments, etc. In a bill charging conspiracy alone these might have been set out in separate counts as the overt acts of the defendants in the execution of a conspiracy, and if they could be pleaded in that form they may be separately made the subject of distinct bi'ls of indictment.” The mection to quash is denied. demurrers are overruled, plead. a The with lcave to THE MEW YORK ORLY, THRICE-A-WKEX EDITION. 18 Pages a Week. 150 Papers a Year, FORONEDOLLAI 2? Published every Alternate Day EX cept unday. Edition first Thrice-a- Week York World “weekly” papers The AN ow all frequency of is among in:size, publication, and the freshness, accura- cy and variety It all the merits of a great $6 daily at the a dollar Its political prompt, of its contents. has price of weekly. complete, ate all against and for the people. is ace: news its readers will the and testify. impariial as Tt is monopolies It prints the news of all the world! having special correspondence from all | It | AGENTS WANTED] important news pointson the globe. has brilliant illustrations, Ly great authors, a capital humor page, stories complete markets, departments for the | household and women’s work and other special departments of unusual interest. We offer ihis unequaled and THE SOME newspaper The regular subscription price of the two papers is $2.50. Address orders to THE STAR, Elk Lick, Pa, it is not apparent | or make the acts of the defend- | unlaw- Sette de ad Bod lll in | is under | re- | mova' from the treasury and con‘rol of | ! the treasurer is necessary for the suc- | The deposit- | | ing of the money in a bank as a de- | money was used for | + not | Dts terials the money de- | and that every element of a conspiracy is complete up to the time of deposit | that the deposit annihilates | ments charging an unexpected conspir- | a TRCOM System Regulator. AR IDEAL LAXATIVE. Mild, agreeable to take and never causing icritation. NO GRIPING. NO PAINS. Cures Biliousness, Constipation, In- dig=stion, Dyspepsia, Dizziness, Sick Headache and all diseases arising from a sluggish liver or irregularities of the! stomach or bowels. ot 8 8 8 og on AG La PRICE : 25 Cts., 60 Cts., $1.09. y | The Standard Remedy Ca, | Ab CHICAGO. SS i A Letter From Bishop McCabe Of New York City. “ With regard to Dr. James’ Head = ache Powders, I have no hesitation in commending them to sufferers from headache. They relieve the pain speedily; and I have never known any one to be harmed by their use. Ihave been a great sufferer from headache in my life, but have almost gotten rid of it by the constant use of hot water and fruit, and by doing without coffee. The Dr. James’ Headache Powders have, however, greatly relieved me at times, and I never allow myself to be without them, and have recommended them to others freely.” (Formerly Chaplain) C, C. McCABE. If you cannot get Dr. James’ Miniature Headache Powders at your store, send usa ac stamp for a sample, or five 2¢ stamps for regular xoc size. THE J. W. JAMES CO., EAST BRADY, PENN. TN ttn ddd od do dd ood ddd di i ddd — ak 3 ie CAL TRIDGE r AP ER !—The miners can get enough Cartridge Paper for a few cents, at Tne Star office, to last them for several months. Vo | y | of The SET COUNTY STAR | | together, one year for $1 90. PPP TY CALL'S INSTANTANEOUS REPAIR TOOL. Punctures in your tire will not trouble you any more if you will purchase one of these little tools which can bc carried in the vest pocl:ct. All you need beside the tool is a common rubber band; a minute's work. This tool does not erlarye the punce ture, With this tool in your possession, you reduce the cost of keeping your bicycle frce from punctures at the cost of a rubber band, which isaboutareoth partofacecnt, Price Complete, 50 Cents. Ridgeway Instantaneous ADJUSTABLE HAKDLE BAR. WHAT ARE ITS ADVANTAGES? 1st, Perfect balety. 2nd, Perfect Simplic ity. 8rd, Instant A Ajustment. qth, No tools neede d whatever, . 5th Can be ad jnste d tn any i VW IILE DING, 6h, No nuts or s ws to work loose, Tth. Nea iz Fon In hs is an EASY and NATURAL Pelion, an: “ice is wit iin the reach of EYERYOQI Agents Wanted. Send for Cireuw ars, J. H. BURT M’F'C £0, SPRINGFIELD, - {{HE VITA REMEDIES. “THE GREATEST MEDICINES OF NIODERN TIMES, wonderful in-their effects. AANA AAAS Arc AAAI a failure to cure, in a C They have effected. more won- derful cures than any other class of medicin_s in the world, THE v TA Li PROSITONISS thousand | SN amet et ee ian ar 11 friends give you and be cured. “Two or life. {you have tri 14 While there is life, | days’ treatinent of the | : = . { montis treatment $1.00 or ie 5 nd foraireaimg and testinnn als. val awents wanted, liberal terns to Leable pay All correspondence strictly | confident 1. PREPARED ONLY BY (iE VITA 60, - Louisville, Ky. For terms and instructions address tes. BJ. Cremin, Manager | 2 <2.88 No. 1511 Garvin Place | rr NPs , In Every County to Supply the Great Popular Demand for meric TOLD IN PICTURE Lemme AND STORY With an Introduction by JOHN J. INGALLS, .>.0f Kansas.:. - HON. The most written, profusely Land most the subject | Nearly | brilliantly i | | | i | | intensely of the popular war with | 200 Nuperh [lustrations from Photographs taken specially for this great work. THE NY WEEKLY | | A [he Somerset all important news of the Nation and W reports, able editorials, interesting shor imation, illustrated fashion articles, bu entertaining to every 5 Wir For Humeniy most | and artistically illustrated, | book on | Spain. | [Agents are” making $50 to $100 a week | | i Se dling il | eanvassers. (and territory at once to | D. THOMPSON PUBLISHING CO. [Sto Lows, Ho, or New York City. A SURE THING! rane AND DEATH are the unescapable things There | thing, | you | better goods and better in-! we have to look after. is an equally sure and that is that I give A veritable bonanza for live | Apply for deseription,terms | ducements for buying than | you can find at any place. what I say. My. Goods Are First-class! ‘My Prices Right! Write for prices. The old reliable marble yard, G. W. GROSE, Washingion St, | HYNDMAN, PA. ' DAVID ENOS, Agent. 50 YEARS’ EXPERIENCE TRADE MARKS DESIGNS COPYRIGHTS &C. Aryone sending a sketch and description may nickly ascertain our opinion free whether an invention is probably patentable. Communica- tions strictly confidential. Handbook on Patents sent free. ts a tents taken through Munn cial notice, without charge, in the "Scientific American, A handsomely illustrated weekly. Jarnea; cir. culation of any scientific journal. Terms, $3 a MON four months, §L. Sold by all few York N & Co,20 teresa. New York ch Oifice, 625 F St., ington, D. SCALP BLANKS for sale at Tuk Star office. & other | You may depend on | member of every County TRIB WL y :—THE GREAT—: tv ational Family a Newspaper For FARMERS and VILLAGERS, and your favorite home paper, 2 far: has an Agricultural Depart- 30h one ar 21. 50. for ment of the highest merit, orld, comprehensive and reliable market t stories, scientific and mechanical infor- morons pictures, and is instructive and family. Th NT \ i gives you all the local news, political and social. keeps you | | \ i 1 in close touch witli your neighbors and friends, on the farm and in the village, informs you as to local tion of crops and prospects for the year, dispensable weekly visitor at your home prices for farm products, the condi- and is a bright, newsy, welcome anlgin- and fireside. Send all orders to "THE STAR. El. LICK. PENNA. Pronounced by Experts the Standard of the World. Ask your dealer for WINCHESTER make of Gun or Ammunition and take no other. FREE :--Our new lllustrated Catalogue, WINCHESTER REPEATINQ ARMS go New Haven, ot. A Hat THE WONDERFUL REMEDY FOR Rheumati It is not a GURE=ALL, but it is a Specific for RHEUMATISM. One hundred and forty-four bottles Cured 100 cases of RHEUMATISM. a medicine taken INTERNALLY, the only method by which TIKO is RHEUM ATI ISM can be successfully treated, It cures the CAUSE, and therein lies its remarkable success. Its price is $1,00 per bottle, or three bottles for $2.50 and if your Druggist has not got it, it will be sent to you, by Expr ess, ALL CHARGES PAID, on receipt of price. Address, - o> ooo PURINTON MEDICINE COMPAKY, Detioit, Mich. _DV DVD DWV VHD ODT TDW TTDI 1 have used Ripans Tabules with so much eatis- faction that I can cheerfully recommend tuem. Have been troubled for about thice ) vars with wraat I called billions attacks coming on regularly once a week. Was told by different physicians tiat it was caused by bad teeth, of which I had several. I had the teeth extracted, but the at- tacks continued. I had seen advertisements of Ripans Tabules In all (he papers but had no faith iu them, but about six weeks since a friend in duced me to try them. Have taken but two of the small 5cent boxes of the Tabules and have had no recurrence «f the attacks. Have never given un testimonial for anything before, but the great amount of good which I believe has been done mo by Ripans Tabules induces me to add mine to the many testimonials you doubtless have in your possession now. A. T. DEWITT. I want to inform you, in words of highest SOL PLEAELISE MESES ENHoAY I have been a great sufferer from constipaticn for over dre ycars. Noutuing gave me any reiiet. My feet and legs and abdomen were bloated 60 1 could not wear shoes on my feet and only a loose dress. 1 saw Ripans Tabules advertised in our dally paper, bought somo and took tiem as direct- ed. Have taken them about three weeks and there 1s such a change! I am not constipated any more and I ow» it ail to Rlpans Tabules. Ia:a thirty- seven years old, have no occupation, only my household duties aid nursing my sick husband. He has had the dropsy and I am trying Ripans Tabules for him. He feels some better but it will take some time, ha has been nick soloug. You may use my letrer and name as you like, rs. MazY GORMAN CLARKE. I have been suffering from headaches ever since 1 was a little girl. I could never rideina car or go into a crowded place without getting a praise, of the benetit I have derived from Ripans Tabules. Icom a professional nurse and in this profession a clear head is always nceded. Ripans Tabules does it. After one of my cases I found myself completely run down. Acting onthe advice of Mr Geo. Bow- er, Ph. G., 538 Newark Ave., Jersey City, I took Ripans Tabules with gran: results. Miss Bxssiz WIEDMAN. | RI cine : Mother we3 troubled with heartburn and sleeplessness, caused by indigestion, for a good many vears. One day sho saz a testimonial ifn the paper indorsing Ripans Tabules. She determined to give thom LLELEL0044480048880848840404(1 ONE GIVES RELIEF. ‘P-A-N S | The modern stand- lard Family Medi- common every-day | ill of humanity. headacheand sickat my stomaeh. Iheardabout Ripans Tabules from an aunt of nine who was taking them for catarrh of the stomach. 8he had found such relief from their use sheadvised me to take them too, and I have been doing so since lust October, and will say they havo complete- ly eared my headaches. I am twenty nine years old. You are welcome to uso this testimonial Mrs. J. CROOKNYRR. Cures the AERC My roven-year-old boy suffered with pains in Lis Lead, constipation and complained of his stomach. He coull not eat like children of his age do sud what he VEUSTTFE FINI RPIRII FIFE ROI a trial, was greatly reileved by their use and now takes the Tabules regularly. S8hekeeps a fcw cartons Ripans Tabules in the house and says she will not be with- out them. The heartburn and sleeplessness have disappeared with the indigestion which was formerly so greats burden for her. .Our whole family tako the Tabules regularly, especially after a hearty meal. My mother is fifty years of age and is enjoying the best of health and epirits ; also eats hearty meals, an impossibility before she - took Ripaus Tabules. AxTON H. BLAUKDN. = < + 3 FFFIIIITVIE IFT I IA cid eat did not agree with him. He waathin and of a saftron color. Reaalng gome of the testimonials in favor of Ripans Tabules, I tried them. Ripan: Tabulcs not oniy relieved but actually cured my youngster, the headaches bave disappearcd, bowels are in good condition and he never complains of his stomach. He is now a red, chubby faced boy. This wonderful change I attribute to Itipans Tabules. I am satixfled that they will henefit any one (from the cradlo to old age) if taken according to direc- tions. < E. W. Prica. 3 A new style pucket containing TON RIPANS TADULES packed ima paper carton (without giase) is now for sale at some drug stores -FOR FIVE CENTS. This low-priced sort is iniénced for tae poor and the economical. One dozen of the five-cent cartons (130 tabules) ean be had by mail by sendinz forty-eight cents to the RIraxs CuxicaL Coxraxy, No. 19 Spruce Street, New York—or RIrixs TABULES may a gingle carton (TEN TABULES) will be sent for five cents. also be had of some grocers, general storereopers, news agents and at some ond barber shops. They banish pain, induce sleep and prolong Life. Oue gives relief.
Significant historical Pennsylvania newspapers