The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-20
MATT QUAY IS ANSWERED
Scandalous, Untruthfnl State
ments of the Defendant.
COULD GET FAIR TRIAL
Hundreds OF Thousands OF Dollars o,
Public Money Set Aside for Quay's
Use-No Interest Charged.
Reviews the Allegations.

Philadelphia. Dec 19-District Attorney
Graham to-day filed in the prothonotary's =
Office OF the supreme court the answer Of
the commonwealth to the petition Of
United States Senator NJ. s. Quay his
son. Richard r. Quay. and former State
Treasurer Hayward. IN which the defend
ants asked the supreme court for a rule to
show cause why writ of certiorari
should not be issued to take up the record
OF examination Of the case in which the
three defendants are charged with con-
spiracy TO misuse state funds on deposit
in the Peoples bank. True bills or iEdict-
ment were returned by the grand jury
agains the defendants and their trial
was fixed for Monday. Dec u. but on Dec
10 Justices Green and Williams Of the SUI
preme court granted the rule asked for
by the defendants and fixed Jan. as the
time for hearing the arguments.
The district attorney says the state
ment that the defendants could not obtain
fair trial Is ''scandalous and untruth-
ful and "A gross imputation upon l. Judges
OF the Philadelphia courts" and he de-
ciares IL to bc untrue. a. charged I'm the
petition that the prosecutions were in
spifed by Judge James Jay Gordon. as
alleged.
Continuing. the answer says: THE evil
dcnce shows that public funds OF the COM
monwealth Of Pennsylvania have for
years been used by the consplrators for
their private and unlawful gain.
Interest has been allowed by the Peo-
pies bank on deposits OF money and paid
To- the accused In his bank account and
checked out by them along with their own
money In the same account. In other In
stances cashiers checks and drafts have
been made payable TO the accused for GER
tain sums OF interest on the public mon
oy and these documents. bearing the In
dorsement of the accused. showing the
receipt by them of the I'm crest money
paid. are In existence and In possession
% the commonwealth.
''The books show that hundreds OF
Thousands OF dollars of public money de-
pcsited In the Peoples bank were set
aside for the use OF NJ. 8 Quay. and
used by him. and that he was charged no
interest thereon. The books showed that
hundreds OF thousands OF dollars worth
OF stock were bought FOR NJ =. Quay with
the money: that whenever he failed 20
use his full allowance Of public money
thus set apart for him interest was care
fully calculated upon the balance not
used by him I'm the purchase OF stocks
and paid to the state treasurer. This re-
spcndent acted without the slightest ele-
mcnt OF malice. prejudice or III feeling.
The prosecution Is absolutely under the
control OF your respondent. and no other
person. The aVcTment that there is any
conspiracy to persecute these defendants
T. false.
Respondent respectfully suggests that
if Il were true that some one Inspired the
prosecution. yet. II the prosecution itself
T. lust and well founded. this can In no.
wise be a defense for the accused"
The answer says it il utterly unimport-
ant and impertinent whether Judge Cor
den. as private counsel for the Peoples
bank. has Cashier Hopkins private let
ters and that these letters were used for
political or other purposes (which aver
mont is denied. and constitutes no
ground for the order prayed for I'm the
defendants petition. The district attor-
ney declares that these proceedings were
Instituted before Mr.. Quay made the per-
sonal announcement of his candidacy TO
succeed himself In the United States SEN
ate. Why legal proceedings should be ar
ssted upon the ground of a defendants
ca ndidacy for office. the district attorney
IL at loss to understand. and all alega-
tions to this effect. he says, are irrele-
want and immaterial.
The district attorney AYERS that I'm seek
ing trial for these cases he Is doing sim
ply his duty under oath of Office. and that
in so doing he Is not prejudicing aud In
tlmidating the general assembly. The
he says. was based on in
evidence" "A part OF which
was produced before the committing mag
istrate and before the grand jury, and
the prosecution has no other purpose
than that of bringing to justice persons
whom the respondent believes have per-
sistently violated the laws OF the common
wealth and used the puohc money Of the
state as though IL Were part OF their own