The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-20
REPLY TO THE QUAYS
DISTRICT ATTORNEY GRAHAM OP-
POSES DELAY OF THE TRIAL.
Makes Sweeping Charges OF Wrong
and Ex-State Treasurer Hayward.

PHILADELPHIA, Dec. 19-dstrict At
torney Graham to-day filed in the protho-
notary's office of the Supreme Court the an
swer 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 court for rule to show cause
why writ of certorari 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, Dec. II, but
on Dec. 10 Justices Green and Williams. of
the Supreme Court, granted The rule asked
for by the defendants and fixed Jan. as
the time for hearing arguments.
The district attorney says the statement
that the defendants could not obtain fair
trial is ''scandalous and untrue. and gross
imputation on twelve judges Of the Philadel
phia courts and he declares it to be up-
true as charged in the petition, that the
prosecutions were inspired by Judge James
Gay Gordon, as alleged. Continuing, the
answer says: The evidence shows that
public funds Of the commonwealth of Penn
sylvania for years have been used by the
consDirators for their private and unlawful
gain, interest has been allowed by the Peo-
pies 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 accounts and checked
out by them along with their own money
in same account. In other instances CASH
iers' checks and drafts have been made
payable to the accused Or certain sums of
interest on the public money and these doc
uments, bearing the Endorsement of the ac-
cused, showing the receipt by them of the
interest money paid, are in existence and in
possession of the commonwealth. The
banks books show that hundreds of thou
sands of dollars of public money deposited
in the Peoples Bank we're set apart for the
use of NJ. S. Quay and used by him, and
that he was charged no interest thereon
The books show that hundreds of thousands
of dollars worth of stocks were bought for
M. S. Quay with this money; that whenever
he failed to use his full allowance of public
money thus set apart for him interest was
carefully calculated on the balance not used
by him in the purchase of stocks and paid
to the state treasurer. The district attor-
ney could not have failed nor refused to
proceed upon this evidence and TO bring the
accused into court to confess or explain this
testimony. This respondent acted without
the slightest element of malice, prejudice or
FEELING. The prosecution is absolutely under
the control of your respondent and no other
person. The aVerment or innuendo that
there is any conspiracy to prosecute these
defendants is false Respondent respect
fully suggests that if it were true that some
one inspired the prosecution, yet If the pros
ecution itself Is just and well founded this
can in no wise be a defense for the accused.
The answer says it is utterly unimportant
and impertinent whether Judge Gordon, as
private counsel for the president of the Peo-
plp'G HOnKnS'S
letters and that these letters were used for
political or other purposes (Which averment
is denied and constitutes no ground for the
order prayed for in the defendants petition.
The district attorney declares that these
proceedings were instituted before Mr.. Quay
made the personal announcement OF MS
candidacy to succeed himself in the United
States Senate. Why a legal proceeding
should be arrested upon the ground of de-
attorney Is at a loss to understand, and all
allegations to this effect, he says, are ir-
relevant and immaterial.
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 intimi-
dating the General Assembly The prosecu-
tion he says, was based on discriminating
evidence" a part of which was produced
6efore the committing magistrate and be
fore the grand jury, and the prosecution
has no purpose than that of bringing to
justice persons whom the respondent be-
lieves have persistently violated the laws of
the commonwealth and used the public mon
eys of the State as though they were part
of their own private property"
In closing the answer the district attorney
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 proceed
ings that interrupt the regular and orderly
progress of the administration of Justice in
the lower courts, are calculated to do ir-
reparable injury and to make it impossible
to successfully prosecute persons of wealth
and power.