The Portland daily press., 1898-12-20
QUAY's INDICTMENT.
District Attorney Reviews Evidence
against Him.

SAYS 1t Is In Respondents Own Hand
writing--PubIic Money Was at All
r. NJ His DISPOSAL. e.
Philadelphia, December ~ -Dlstrice
Attorney Graham today filed in the pro-
thonotary's Office of the Supreme COURT
the answer of the commonwealth to the
petition of U. S. Senator M. ,. quay,
his son Richard R. Quay and former
state treasurer Hay wood. i'll which the
defendants ask the Supreme court for
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 conspiracy to misuse state funds on
deposit in the Peoples bank. True bills
of indictments were returned by the
grand jury against the defendants aud
their trial was fixed for Monday, Decem-
Der - but on December 10 Justices Green
and Williams of the Supreme court
granted the rule asked for by the DEFEND
ants and fixed January as the time fer
hearing arguments.
In his paper the DISTRICT attorney makes
specific denial of all the allegations 40
vancsd by Senator Quay ana nls co.ae-
fendsnts The district attorney says the
sfatenent that the defendants could not
obtain a fair trial is 'sscandalous ana
uptrushful and gross imputat10n upon
the twelve Judges of the Pn1ladelphaa
courts.n and he declares 1t to be untrue
as charged in the petition that the prose-
buttons were inspired BY Judge Jalliss
Gay Gordon. Continuing the answer says
s'The prosecution does not depend upon
verbal testimony, but upon the written
evidence written by the consplrators
themselves in the pursuit of the object OF
their conspiracy. This evidence SHOWS
that the public funds of Peunsy wanna lor
years have been used by the consplTaoqqIs
Tor their private and unlawful gain. IN
terest has been allowed by the Peopis's
bank on the deposits of public money ana
Maid to the accused, in some cases placed
in the individual deposit of the accused
in their bank account, and checked OUT
by them along with their own moneys IN
the same account. In otner instances l
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 endorse
ment CT the accused showing the receipts
by them of the interest money paid, are
in the possession of the commonwealth
The books show that hundreds OF
posted In the Peoples bank We're sat
apart for the use of NJ. 5. Quay and usei
by him: and that he was charged no in
rerest thereon. The books show that hun
dreds 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
upon the balance not used by him IN the
purchase of stocks, and paid 60 the state
treasurer. The district attorney could
not have failed nor refused to proceed up
on this evidence and to bring the accused
into court to confess or explain this testl-
mony. This respondent acted without the
slightest element of malice, preJudlce or
feeH ng.
TIE district attorney AYERS that 10 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 preJudlcing
ana intimidating 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
and the prosecution '"has no other pur-
pose than that Of bringing to justice per-
sons whom the respondent believes nave
persistently violated the laws of the COM
mon wealth and used the public moneys
Of their state as though they were part OF
their own private property.