Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22
GRAHAM'S ANSWER FILED.
Reply to Petition Of United States SEN
ator Quay and His Co-defendants.
DENIES ALL THEIR ALLEGATIONS
Statement That They Could Not
Obtain a Fair Trial
us sCANDAlOUS AND UNTRUTHFUL :

.Is.i +, Us, r. e5ff.S
Philadelphia, Pa, Dec. 10. --Dlstrict
Attorney Graham today. filed tho an
swor'of tho Commonwealth to tho rcti-
ton Of United States Senator NJ. s.
Quay, his son, Richard II. Quay, and
forluer State Treasurer Haywood, in
which the defendants asked tho Su-
preIne Court for rule to show cause
why writ of certiorari should not bc
issued to take up the record of oxami-
nation Of the case in which tho three
defendants are charged with conspiracy
to misuse State funds on deposit in the
Peoples Bank. S
True bills of Indictment had been
returned by the grand Jury against tho
defendants, and the trial fixed for last
tees Green and Williams of the SUI
preme Court granted tho rule asked
for by the defendants, and fixed Janu
airy 18th as the time for hearing argu-
ment. 4
In his answer, the district attorney
makes specific denial of all the allega-
lions advanced by Senator Quay ind
his co-defendants. He says the state
ment that the defendants could not
obtain fair trial is '.scandalous and
untruthful. and d gross imputation
upon the IL Judges of the Philadelphia
courts, and declares it to BIO untrue, MS
charged in the petition, that the prose-
cution was inspired by Judge James
Gay Gordon" eW
Continuing, the answer says. 1.-THE
prosecution does not depend upon YER
bal testimony. but upon the written
evidence created by the conspirators
themselves in the pursuit of the object
af tbair paps t,itnnv This ay,Ianon
shows that the public funds of the.
commonwealth Of Pennsylvania, for
years have been used by the conspira-
tors for their private and unlawful
gain. Interest has been allowed by the
Peoples Bank on the deposits of public
money, and paid to the. accused, in
some cases placed in the individual
deposits Of the accused in their bank
accounts, and checked out by them
along with their own money in tho
same accounts. In other, instances,
cashiers checks and drafts have
been 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 them Of the interest
money paid, are 10 existence, and in
the possession of the Commonwealth.
The books show that hundreds Of
thousands of dollars of the public
money deposited in the Peoples Bank
were set apart for the use of M. 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 stock was bought
for M. s. Quay with this money, and
that, whenever he failed to use his
full allowance of public money thus
set apart for him, interest was care
fully calculated upon the balance not
used by him in the purchase Of stocks
and paid to the State treasurer. The
district attorney could not have failed,
or refused, to proceed upon, this evil
ience to bring the accused into court
to confess or! explain this testimony.
This respondent watched without the
slightest clement of malice, preiudioe
or feeling. The prosecution is abso-
lutely under the control of your
respondent, and no other person. The
ayerment, or inuendo, that there is
any conspiracy to prosecute these de-
PENDANTS is false. The respondent
respectfully suggests that, il it were
true that some one inspired the prose-
cution, yet il the prosecution itself is
Just and well founded. this can in no
wise be defence for the accused. (.
The answer says 1t is utterly unim-
poftant and impertinent whether Judge
Gordon, as private counsel for the presi
dent OF the Peoples Bank, had Cashier
Hopkins provide 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.
Such allegations, the district attorney
says,are not for the purpose Of enlight-
ening the court, or aiding in securing
the petitioners fair and impartial
trial, but are calculated and intended
TO divert the attention of every ono
concerned In the cases from tho real
issue involved.
The district attorney declares that
these proceedings were instituted be-
lore Mr.. Quay made tho personal an
ilonncement Of his candidacy to sue
coed himself. In the United States
SENATE. Why legal proceedings should
be arrested upon tho ground Of de-
iendant's candidacy for office, tho dis
trict attorney is alta loss to understand,
and NIL allegations to this effect, he
says, are irrelevant and immaterial
Hc-ayers that, in seeking trial for these
cases. ne is doing simply his duty
under his oath Of Office, and that, in SO
doing, he is not preiudicing and intimi-
dating the General Assembly. The
prosecution, he says, was based upon
discriminating evidence part of
which was produced before the commit
ting magistrate and before the grand
jury, land the prosecution "has no other
purpose than TINT of bringing to JUS
tice persons whom the respondent be
lieves have persistently violated she
laws OF the Commonwealth and Sod
The public moneys of the StatS' as
though they were part Of their own
yprivate. property es.l s..
In closing the answer, tho district
attorney says; The. respondent AYERS
that appeals Of the extraordinary ma
ture OF tho ono made III tho petition
in question. where rules are granted
accompanied with a stay Of proceedings
thai it,tefrurts the rsgular and orderly
progress Of the administration Of jus
,tice the lower courts, ale calculated
to do irreparable injury, and TO make
1t impossibie to successfully prosecute
persons ofJwe6lth and power.''