The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-01-19


David Martin, State Chairman Andrews,
r. NJ. Yardsley, receiver OF the Key
stone bank, Hamilton Disston and L.
]. Faunce, OF Philadelphia. A. J. Barr
and James Mills, defendants in tho Post
libel suit, arc also here getting points.
1t was nearly II o'clock when tho case
was called and the work OF securing q
jury begun.
After considerable time had been
spent, the clerk announced tho follow
ing Us the jurors selected: J. G. Baker,
Wm. II. Brickcr, Jefferson Bickerstaif,
G. W. Calhoun, G. Dickey, Geo. Gray
Ellsworth Hazer, Frank IIite, John
jackson, Maurice Z. Rhodes, Charles
Stroback, John G. Snyder.
Court then adjourned for dinner.
After adjournment there was con-
siderable talk about the constitution OF
the jury. Frank Eite is the only known
Democrat and the majority are active
Republicans.
When court resumed IN the afternoon
the district attorney opened tho case,
and after reading the article from the
Star said he expected to show that the
certificate was used in payment OF q le-
gitimate loan Senator Quay had made
to the Republican committee OF Phila-
delphia, and that tho loan had been
paid back in full, less the discount;
that Senator Quay had only casual
acquaintance with Bardsley, and that
tho article in the Star was false and ma
licious.
David Martin. ex-collector OF internal
revenue OF Philadelphia, was called and
testified that he received from Senator
Quay his personal note for $4,000 upon
which to raise the balance Of $4,000
needed for the campaign. Tho note
was not discounted at the time, and
Senator Quay gave him for the commit
tee check for $1,000 on the Deposit
Bank OF Beaver. Bardsley identified
witness at the bank and put his name
on the back of tho check. At that
time: Bardsley was city treasurer and
7lrisstanding had never been questioned.
Bardsley got the note discounted and
gave him certificate OF deposit ior the
proceeds which he took to Washington
and gave to Senator Quay.
W. r. Andrews, chairman OF the Re-
publican state committee in 1883, was
next sworn, and testified that he had
paid Senator Charles A. Porter, $4,000
to lift the note temporarily given to the
committee by Senator Quay, and the
note was afterwards mailed to Senator
Quay in Florida.
When Senator Quay was called in
tense stiffness came over the room.
After being sworn the witness corrob-
GRATED the testimony OF NIL the wit
nesses who had testified before him,
answering all questions promptly. He
said in the campaign OF 1889 the Phila-
delphia city Republican committee
needed $4,000. He gave $1,000 and his
note for $1,000. This was the same
note referred to by the witnesses, and
the only note given in the transaction.
They tailed to get the note dis
counted and he met them again and
gave q check for $1,000 on the Deposit
Bank OF Beaver. At the time he gave
the check he told them that he needed
the money for another purpose, and
that they must replace it with the pro-
cccds OF the note. The note was not
discounted until after the election.
Later certificate OF deposit was given
him for the amount advanced by check,
and this he sent to tho Beaver bank.
The certificate was then produced, and
tho senator said he would not like to
swear the signature was his. ~ have
since learned, said he with smile,
"that it is not my signature 1t
good imitation"
Alter the jury had inspected tho GER
ti1cate, Mr.. Quay was asked II he was
acquainted with John Bardsley. He
said ho had met Mr.. Bardsley, but he
did not think lie would know him on
the street.
The states attorney then read from
the paper alleged to contain the libelous
matter that portion OF tho article in
which it was charged that Mr.. Quay
had shared in the Bardslcy steal and he
pronounced the statement false. The
senator said ho had been unable to find
tho note which he gavo to the Philadel-
phia Republicans TO raise money on.
Flo had probably destroyed it.
Replying to question OF the defense
ho said the Philadelphia Republican
committee had frequently drawn on him
and he expected them to do it again.
In the cross-examination the Senator
said he complained by telegraph to the
Keystone bankauthorities when the GER
tilicate OF deposit made its appearance,
because it had been stolen, photograph
ed and published all over the state. 1t
was in trust in United States bank and
they had no right to show it. The mat
ter was still being investigated.
Senator Porter corroborated Chairman
Andrews testimony.
Robert NJ. Yardley, receiver of the
Keystone Bank, identified the certificate
OF deposit and testified that the name
OF NJ. S. Quay did not appear in any OF
the transactions in the books OF the
bank.
Cashier Stone, Of the Beaver Bank,
testified that Alr. Quay had Sll,7SS.47
on deposit on October, 1889, and $l7,-
23S.47 on November.
Mr.. Buchanan then read several cdi-
torials from the Star, referring to Mr..
Quay after which the prosecution rested
its case. Il a q 4
Robert Ritchic then outlined the case,
fors the defense, in which, he stated,
they proposed to show that the publ;-i
cation complained OF related TO matters
proper for publication, aud that the ar
.ticleS was published without malice.
The electrotypolplate had been received
IRON tho chairman OF the Democratic
state central committee. Tho court.
here adjourned until tomorrow.