Evening star., 1898-12-19
SENATOR QUAYSCASE
District Attorney Files Answer to
Plea Of Defendant.
ALL fHE ALLEGATIONS DENIED
DeIares the Action Was Brought
Without Malice.
SIMPLY MATTER OF DUTY

PHILADELPHIA, Pa, December 10
District Attorney Graham today 1lled 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 for
mer State Treasurer Haywood, in which
the defendants asked the supreme court
for rule to show cause why a 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 conspiracy to misuse state funds on
deposit in the Peoples Bank
True bills of Indictment were returned by
the grand jury against the defendants and
their trial was fixed for Monday Decem-
Der II, but on December 10 Justices Green
and Williams of the supreme court granted
the rule asked for by the defendants and
hxed January I as the time for hearing
arguments.
In his answer the district attorney
makes specific denial of all the allegations
advanced by Senator Quay and his code
PENDANTS
Inc district attorney says the statement
tnat the defendants could not obtain fair
trial is 'scandalous and untTuthful and a
gross lmputation upon the twelve Judges of
the Philadelphia court and he declares it
10 De untrue, as charged in the petition
Judge James Gay Gordon.
Has Written Evidence.
Continuing, the answer says: The pros
ecutloh does not depend upon verbal testi-
mony, but upon the written evidence created
ny the coHsplrators themselves in the pur-
suit of the object of their conspiracy. This
evidence shows that public funds of the
commonwealth of Pennsylvania for years
nave been used by the conspirators for
their private and unlawful gain.
interest has been allowed by the Peo-
PIE S Bank on the deposits of public money
and paid to the accused in some cases
placed in the individual deposit of the ac-
cused in their bank account and checked
out by them along with their own moneys
IN the same account. In other instances
cashiers checks and drafts have heen
made payable to the accused for certain
sums OF interest on the public money and
these documents, bearing the Endorsement
OF the accused, showing the receipt by
The m of the interest money paid, are in ex-
1Stence and in possession of the common
wealth. The books show that hundreds of
thousands of dollars of public money de-
posted in the Peoples Bank was set apart
for the use of NJ. S. Quay and used by him:
and that he was charged no interest there
on The books show that hundreds of thou
sands of dollars worth of stocks were
bought for NJ. S. Quay with this money;
that whenever he failed to use his full al
lowance of public money thus set apart for
him, interest was carefully calculated upon
the balance not used by him in the pur-
chase of stocks, and paid to the state treas
urer
The district attorney could not have fail
ed nor refused to proceed upon this evil
dence and to bring the accused into court
to confess or explain this testimony This
respondent acted without the slightest ele-
ment OF malice, prejudice or feeling. The
prosecution is absolutely under the con-
troll of your respondent, and no other per-
son. The averment or inuendo that there
IS any conspiracy to prosecute these de-
PENDANTS is false. Respondent respectfully
suggests that if it were true that soma one
inspired the prosecution, yet if the prose-
cution itself is just and well founded this
can In no wise be a defense for the ac-
Cused."
An tnimpOrtant Matter.
The answer says it is utterly unimportant
and impertinent whether Judge Gordon, as
private counsel for the president of the
Peoples Bank, had Cashier Hopkins pri-
vate letters, and that these letters were
used for political or other purposes (Which
averment is deniedl and constitutes no
ground for the order prayed for in the
defendants position.
The district attorney declares that these
proceedings were instituted before Mr.
Quay made the personal announcement of
his candidacy to succeed himself in the
United States Senate. Why legal pro-
ceedlng should be arrested upon the ground
OF a defendants candidacy for office the
district attorney is a a loss to understand.
ana all allegations to this effect, he says
ara irrelevant and immateral
The district attorney ayers that in seek
ing trial for these cases he is doing simply
his duty under his oath of office, and that
IN so doing he is not prejudicing and in
timidating the general assembly The
prosecution, he says, was based upon in
terminating evidence" part of which was
produced before the committing magis-
trate and before the grand jury and the
prosecution has no other purpose than
that of bringing to justice persons whom
the respondent believes have persistentIy
violated the laws of the commonwealth
and used the public moneys of the state as
though they were part of their own private
property"
In closing the answer, the district attor.
ney says:
Respondent AYERS that appeals of the
extraordinary nature of the one made in
the petition In question, where rules are
granted accompanied with stay of pro-
ceedings that interrupt the regular and or
derly progress of the administration of
justice in the lower courts, are calculated
to do irreparable injury and to make it
impossible to successfully prosecute per-
sons of wealth and power