The San Francisco call., 1898-12-20
PROSECUTION IS DEMANDED
AND THE CHARGE OF COESPIR-
 ACY REVIEWED.
Denial of the Allegation That the Proceedings Are the Result of Political Move to Defeat
 the Senator.
Special Dispatch to The Call.

PHILADELPHIA. Dec 19.-District Attorney Graham to-day filed in the prothonotarys office of the Supreme Court the answer of the commonwealth to the petition of United States Sen ator M. s. Quay, his son, Richard k. Quay, and for',- State Treasurer Hay wood, in which the defendants asked the Supreme Court for rule to show cause why a writ of certiorarf should not be issued to take up the record or examination of the case, in which three defendants are charged with con- spiracy to misuse State funds on de- posit in the Peoples Bank.
 True bills of indictment were re- turned by the Grand Jury against the defendants and their trial was fixed for Monday, December F, but on De- cember 10 Justices Green and Williams of the Supreme Court granted the rule asked for by the defendants and hxed January 1 as the time for hearing the argument.
 The District Attorney says that the statement that the defendants could not obtain a fair trial is "scandalous and untruthful and gross 1mputatlon upon the twelve Judges of the Ph1la- QelDnld courts, anu lIC oCOiohA NS ~ W be untrue as charged in the petition, that the prosecutions were inspired oy Judge James Jay Gordon, as alleged Continuing, the answer says:
 The evidence shows that public funds of the commonwealth of Pennsylvania for years have been used by the consplrat9rs for their private and unlawful gain. ln- terest has been allowed by the People s Bank on deposits of money and paid to the accused in their bank account ana 4I,.O n1n moneys in the same account. Tn other m stances cashiers checks and drafts nave been made payable to the accused Tor cer- tain sums of interest on the pubic money and these documents, bearing the indorse- ment of the accused, showing the receipt by them of the inteeest money paid, are in existence and in possession or the com monwealth. The books show that hun dreds of thousands of dollars of public money deposited in the Peoples Bank were set apart for the use of M. $. Quay and used by him, and that he was charged no interest thereon. The book showed that hundreds of thousands of dollars worth of stock were bought for M. $. Quay with the money; that whenever he failed to use his full allowance of public money thus set apart for him interest was carefully calculated upon the balance not used by him in the purchase Of stocks and paid to the State treasurer.
 The District Attorney declares that these proceedings were instituted be- fore Mir Quay made the personal an- nouncement Of his candidacy to Suc- ceed himself in the United States Sen ate. Why a legal proceeding should be arrested upon the ground of de- fendant's candidacy for office, the Dis trict Attorney is at a loss to under stand, and all allegations to this effect, he says, are irrelevant and immaterial.
 The District Attorney ayers that in seeking trial for these cases he is do- ing simply his duty under his oath of Cffice and that in so doing he is not prejudicing and intimidating the Gen. eral Assembly. The prosecution, he says, was based upon discriminating evidence" a part of which was pro- cured before the committing magis- trate and before the Grand Jury, and the prosecution 'has no other purpose than that of bringing to justice per sons whom the respondent believes have persistently violated the laws of the commonwealth, and used the public moneys of the State as though they were part of their own private prop erty."
 In closing the answer the District At torney says:
 Respondent ayers that appeals of the extraordinary nature of the one in the petition in question, where rules are granted accompanied with stay of pro- ceedings that interrupt large and orderly in the lower courts, are calculated to do irreparable injury and to make it impos- sible to successfully prosecute persons of wealth and power