Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-22

Commonwealth was conducted in the same
manner as the start 1t brought out the
statements as already told by the Senator
with regard to the Bardsley certificate OF
deposit
Couldn't Rattle the Senator.
Attorney McCook took the clone Fish,
erman" in hand for the defendants, and
found him as much of Jonah as the other
man that had something to do with fish.
His attempt to rattle the witness was no
more successful than that of the ringer OF
Curfew to rattle his bell. It was the attor-
ney, not the witness, that got lost in the
woods and turned the laugh on himself
whe referring to the recent State election
he asked:
''Will not Mr.. Morrison control the funds
in Bardsley's hands?'
81 do not understand that there are any
funds in Mr.. Bardsley's hands, replied
Senator Quay in Senator Quay's patented
style.
After the spectators stopped laughing,
Mr.. McCook explained that be meant to ask
If Mr. Morrison would not have controlled
the funds in Mr.. Bardsley's hands if the
latter had served out his term of Office.
The question was then objected to and the
objection sustained. And the question
asked by Mr.. McCook was:
Iivsey and State Auditor McCamant did not
receive money from Defaulter Bardsleye"
81 do not. 1 know nothing about it.
answered the witness
''Are you claim YOU never had any busi-
ness connections with Mr.. Bardsley outside
of what YOU might have had while Secretary
of the Commonwealth or State Treasurer
81 did not
"Are you sure you were not the indorser
14 10. h.
Finn to the order of j. o. Brown, indorsed
by him, then Endorsed by you, and paid by
John Bardsley through the keystone
Bank?''
81 know nothing about it.
The PhIladeIphia Leader Testifies.
David Martin, the Philadelphia political
leader, gave the same testimony in chief as
At Beaver and as has been previously
stated in interviews with him. He was
-cross-examined closely, but stuck to his
story without mistake.
This closed the prosecution and ATTORNEY
McCook stated TO the jury the grounds of
defense, which, he said, was in the Consti-
tuition of the Commonwealth. He stated
that he believed Senator Quay in the state
ment that he had not received money lille
gally from Bardslev, but he claimed the
circumstances justified the publication in
the Post. and that the assertions were made
without malice or negligence. He cited the
privileges given to the press in the Consti-
tuition, and dweit at length on the statement
that there can be no-libel where there is not
-malice or negligence.
The first witness put on the stand was
Charles Nollum. the tmissinC witness from
/ Philadelphia. He isean expert accountant,
and has been employed since August 81 in
examining into the keystone Bank ac-
In hi ho 4oI hot ba
had found no entry of money said into the
bank from Bardsley on account of the GER
1ificate of deposit. The statement was a
surprise and brought all the prosecutors
attorneys to their feet in fiery demand for
san explanation. The explanation was evil
IDENTIFY given, but no person but ex-
perts could understand it. Judge Porter
finally took the witness in hand and
developed that Senator Quay's note had at
some time been credited on the ledger. A.
tornev McCook interposed mild objection
TO the Courts examination, and Judge Por-
ter explained that he wanted 70 make things
clear to the jury. The testimony of NJ.
Vollum was important IN showing the loose
manner in which the keystone Bank con-
Quoted its business.
HensePs Pittsburg Visit.
The sensation of the dav was the tes1i-
mony of Albert j. Barr, President of the
Post Publishing Company. After the pre-
1iminary examination he was asked who
gave him The first information that led to
The alleged libelous publication.
The Attorney General OF the State" he
replied
-ContiGuing he stated that Mr.. Hepsel
went to his Office on the Monday preceding
the Wednesday the certificate of de-
posit was printed The two went into
A. ~,
after talking a few minutes on general
topics, Mr.. Hensei said: Quay, too is in
it The remainder of the conversation.
was detailed at length bv Mr.. Barr, who
claimed the Attorney General had made the
positive assertion that Quay had received
public money from Bardsley through the
KeystCne Bank and that there
was nothing in the books to
show why he had received
it. I said, my God, it can't be true con-
tinued Mr.. Barr. 'FHe said il was, and
that the matter would be brought out in the
Senate investigation the next dsv. i still
doubted it, and he said he could prove it
with photographs of the certificate of de-
posit."
ContinUing, Mr. Barr stated he had seen
Photographs of tie certificate of deposit the
next day. He was questioned closely about
them and tried 20 escape telling in whose
possession the photographs were. He was
finally forced 20 the wall and said
that they were shown hine by
John B. Larkin. He was asked on cross
examination from whom he had received the
electropiate of the certificate of deposit,
and replied that It came bv special
messenger from Philadelphia. There was
NOT, he said, any accompanying communica-
tion. but ne had received a telegram from
Chairman Kerr stating it had been sent.
2 Ediior Barr Believed 1t True.
'fDid you print the publication believing
1t true?" Mr.. Barr was asked.
81 did, and willingly" he replied en-
phatically. He did not think Attorney
General Hensel had called on him for the
express purpose OF having the certificate OF
deposit and comments published.
James Mills. the author of the alleged
libelous editorial, confirmed the testimony
of Mr.. Barr with regard to the visit of the
Attorney General
''Why didn't you make an investigation
to find out whether Hensel was or was not
telling the truth?" asked District Attorney
Burleigh.
Because he is gentleman of supposed
veracity, and being one of the first officers
of the Commonwealth / took what he said
as being without doubt"
Another question raised the point whether
Mr.. Quay's official position could be con-
sidered in the trial. Judge Porter allowed
Mr.. Quay is public officer could not be
used by the defense to excuse the publica-
tion, unless it was shown that he at that
time was a candidate for some Office Every
person looked at Mr. Quay to see whether
he would saw he was or Was not q