New-York tribune., 1898-11-29
CASE OF SENATOR QUAY IN COURT.
ARGUMENTS on DEMURRERs HEARD n
THE COURT OF QUARTER SESSIONS
prrrr DI-r ptt.

IN PHiIADtlsfhlA
PHILADELPHIA Nov 2s-The case OF Senator Quay
and others charged with conspiracy in the misuse
of the money Of the State on deposit In the Peo-
pies Bank. came up to-day in the Court Of Quarter
Sessions. Judge Finletter presiding.
The Defendants who are Senator ". s. Quay. his
SON. Richard X. Quay. and Benjamin j. Haywood,
ex-State Treasurer. not In court. their inter-
ests being looked after by Rufus Il. Shapley ana
A. S. l.. Shields Upon the opening OF court Mr..
shapley filed demurrers four OF the five indict-
ments found against the defendants by the Grand
Jury and also fled motion TO quash the fifth In
dctment
Mr. Shapley argued at length the motions On
the four demurrers against the defendants pleading
to the indictments he contended that the indict-
ments failed utterly to set forth any unlawful act
or TO state therein any unlawful means by which
the defendants conspired He contended That II
was not unla wful for NJ. s. Quay 70 buy or sell
stocks through John s. Hopkins. cashier OF the
Peoples Bank and that therefore there could have
been no unlawful conspiracy He said the Peoples
Bank was a bank OF discount and deposit. lawfully
created under the banking laws OF the state. ana
had a lawful right TO loan its moneys through It's
officers Furthermore. the indictments charsco
conspiracy 70 State moneys taken from tho
Peoples Bank when the State moneys placed N
that bank were legally deposited by the state
Treasurers IN accordance with law. and had there
by become legally the money CT the Peoples Bank
prior to the date OF the alleged conspiracy. and the
Indictment failed to show how II was possible ior
the defendants to have been guilty OF unawfw
conspiracy IN respect thereto. Respecting the
fourth indictment objected Mr. shapley contend
ed that II would have been impossible for MI quay
TO have been guilty as indicted. inasmuch that the
indictment charges him with conspiracy on March
-. 1898. with various State Treasures named
therein. On the date mentioned Mr Shapsey saio-
all those named had retired from the Office ~ state
Treasurer and had control OF State FUNDS ana
Of he uamsd-Wtll!am
on that date been dead for several years. some OK
the others had been out OF the office Tor many
wears The impossibility of the charges contained
in the Indictment he said thus clearly shown
The NTH Indictment. motion 10 quasn when
was entered. relates wholly 70 benjamin >. ray
wood II charged Haywood with uniawfully loan
ing 500 CNo OF the State funds which were undsr
hls control as State Treasurer. and that he OBJ
oaence oSeu CHARGED was admitted by Mr shapley
be an .ndicable one. but he claimed that the nili
Grand GaT Jgay jary % 30 variant variant Of srrcs had been
issued against Mr.. Haywood on this charge and
there had been no binding over by mdslstrate
When the original charges Of Conspiracy had pen ,
heard before masls'rir' no,ood "a% and the Dis.
ric-Attorney had presented ne n,M 20 m pr1ro W
Shapey contended the Discretionary hAd no
In sgmns up nc az fbsy aed s to show on
the face The unlawful character ot tnes aca, ,ha,
enfTsT eith9r the peoples bank the sat had ever
lost dollar through any acts oi ~ ,.ie W ,, srrn
NOV, - no counsel FOR the defence declared that
the indictments were legally sufficient ana iuiy
warranted the Court In proceeding with the trial
OF the defendants on the contention that tnsre ,
was no violation Of law IN the defendants ,haVlfs
Mr. Hopkins act as agent In Tho purchaSe or s'9ch,
tho District Attorney quoted from the Slate ~
of 1880 which forbade officer o' a Stt', pank
from purchasing or selling or ~ any way pelhs ui-
-.cfi, -, irdirrcfv Interested IN the purchase or
saia - stocks and said thar the conspiracy charged
IN th4 Ind ctments rested wholly on the p.t tc.ass
Of Soc Ks by Hlr Hopkins FOR NJ quay Whe,hsr ss
In. funds the exclusive properly OF M ~ Tts
b.. said had nothing 20 do WIKI tnt g-eSioi, ~
,nisreo nf tha states account IN the BANK, Was
MA, was charged and the identity ~ tne doliar
after II went nto the general iund oi inc pahh
was wholly mmaieriaL , ,,... ,,sio,
As to the motion 70 quash tne tiaNN"'I N, Ill.,, ~,
mon, he said Mr. Haywood had been tuily m,
formed Of the cha~go before it had been presensea
"a hesGran nd Jury and no asserted tnat thr oICe
- rroseri.irg attorney gave him power TO preSent
such h.u without the formal ISSUANCE ~ "arrah,
OF arrest n -. -. ,-,,,,a-t ,or .he
T'non conclusion Of the arguments the court toos
tn papers under Adjustment lie Juuge ~, ~ ~ 80
Intimate when he would announce bis decision On
the motions presented