The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-20
EVIDENCE AGAINST QUAY.
He Says That the senator Used
Funds of the state in Private
speeulattons, and That for Such

PHILADELPHIA, Dee. Is-Dis.ric1 AZ
torney Graham today filed in the pro-
thcnotary's Office Of the supreme court the
answer OF the commonwealth 70 the petit
ton Of UnAted States Senator NJ. 5. Quay.
BIS son. Richard Fl. Quay, ard formeT
State Treasurer Haywood, III which de-
PENDANTS asked the supreme court for a
rule 10 SHOW cause why writ Of ceTliorari
should net be issued 10 rake UP The lccor!
OF the examination Of the case n yaS1
the three defendants are charged with eos
spiraey 10 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 Vas fixed for Monday, De-
cember L. 5u; on December 10 justices
Green and Williams. Of the supreme cnUrt.
granted the rule asked for by the defend
ants, and liked January l as the time tor
hearing the arguments.
The district attorney SAYS that the state
uients that the defendants could not obtain
a fair trial is .'Scandalous and unEruthtui.
and a gross imputatioa upon the twelve
judges OF the Philadelphia courts" and he
declares t 10 be untrue, AS charged III the
petition that the prosecutions were IN
legged
Continuing the answer says:
The evidence shows that pubic funcs OF
the commonwealth of Pennsylvania for
years have been used by the consplrators
fer their private ard unlawful gan
Interest has been allowed by the Peo-
pes bank on deposits OF money anu PAD
20 the accused III their hank accounts and
checked out by them, along with their own
money in the same account. IN other in
stances cashiers checks and drafts have
been nlade pay ABLE 10 the accuSei Tor CSr-
tain sums Of interest on The pubic money,
ana these documents, bearing the indorse-
ments OF the accused. showing the receipt
by them OF the interest money, are IN eN-
isterce and in possession Of the common
wealth. The books show that hundreds Of
thousands of do..ars OF public money de-
posted n the Peoples bank were set apart
for the use OF Matthew s. qua ai.a 80
by him. and that ne was charged no inter
est thereon. The book showed that hun-
dreiS of thousands Of dollars worth Of stock
was bought for NJ. S. Quay with the mon-r.
That whenever he failed TO use his flln
allowance OF public money thus set apart
for him, interest was carefully calculated
upon the balance not used by him in the
purchase Of stock and paid 10 the state
treasurer.
The district attorney could not have
failed or refused TO proceed upon this ev!-
dence, and TO bring the accused into court
10 confess or explain this testimony. This
respondent acted without the slightest ele-
Prosecution is absolutely under the control
OF your respondent, and 40 other person.
The averment that there is any conspiracy
TO peTsecBte these defendants is false
Respondent respectfully suggests that If
II were true that some one inspired the
prosecution, yet il the prosecution itself is
just aAu NtII ICuuIrd inns tkiIi IFO Wise
be a defense for the accused"
The answer says it is utterly unimpor-
tant and inipertinsnt- whether Judge Cor
don, as private counsel for the Peoples
bank, had Cashier Hopkins private letters.
ana that these letters were used for polit-
icai or other purposes (Which ayerment Is
denied). and constitutes 40 gruund FOR the
order prayed for in TIE defendants petit
ton The district attorney declares that
these proceedings were instituted before
MT. quay made the personal announce
ment OF his candidacy 10 succeed himself
in the United States senate. Why a legal
proceeding should be arrested upon the
ground or "A defendants candidacy for Of
flee, the district attorney IS AT 4 loss to
understand and all allegations TO this
eneci he says. ara irrelevant and inmate
rial
The district attorney AYERS that in seek
ing trial for these cases he is doing simply
his duty under MS cath or office, and that
IN 80 doing he is not pTe1udicing and n
tlm.daitng the general assembly. The pros
ecuttcD. he says, based upon '1ncrm-
mating evidence part of which was pro-
and before the grand jury and the prosecu-
ton has no other purpose than thai of
bringing TO Justice persons whom the re-
spondent believes have persisteutly Yio-
lated the laws OF the commonwealth and
used the pub c money OF the state as though
it was par, Of their own private property"
In closing the answer the district attor-
ney says.
Respondent ayers that appeals Of the ex-
traordinarY nature Of the one in the petit
accompanied With stay of proceed ngs that
interrupt large and orderly progress of the
administration of justice in the lower
courts, are calculated to do rreparable in
jury and - make ii impossible 20 success
fully prosecute persons Of wealth ana