The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-11-29
QUAY'S CASE.
Demurrers Filed to Four Of
the Five Indictments.

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
Peoples Bank, came up today in the
court of quarter sessions, Judge Fin
letter presiding.
The defendants were not in court,
their interests being looked after by
attorneys Rufus E. shapley and A. $.
L. Shields. Attorney Shapley imme-
diately filed demurrers to four of the
five indictments found against the de-
PENDANTS by the grand jury and also
filed a motion to quash the fifth in
dictment. In a general way, the OBJ
jections to the indictments were based
on contentious of insufficient specihca-
tons, complete failure to charge amy
unlawful act and an absence Of allega-
ton that the defendants unlawtully
obtained any money either from the
bank or from any other source.
If the defendants had, as the indict-
ments charged, purchased stocks and
bonds through Cashier Hopkins, as
agent Mr.. Shapley claimed that no I'M
lawful act had been committed. He
claimed that the banks every day act
ed a S purchasers for their depositOrs
or customers. Regarding the allega-
tons respecting the use OF state
moneys he argued that all moneys de-
posted in a bank went in the general
fund Of the bank, and that therefore
the indictments We're defective in
charging misuse of state funds OBJ
tanned from the Peoples Bank, where
upon if any money was obtained from
the bank it was funds of the Peoples
Bank and not state funds Further
more uhe state funds We're deposited
in the bank by various state treasur-
ers in full authority of law. Mr.
Shapley argued at length on the mo-
ton
On the fourth demurrer against the
defendants, pleading to the indict-
ments he contended that the indict-
ment failed utterly to set forth any I'M
lawful act or to state therein any I'M
lawful means by which the defendants
conspiiSd. He contended that it was
not unlawful for NJ. S. Quay to buy or
sell stocks through John S Hopkins,
then cashier of the Peoples Bank, and
that therefore there could have been
no unlawful conspiracy. He said the
Peoples Bank was j. bank of discount
the
banking laws Of the state, and had q
lawful right to loan it's money through
its officers. The state moneys placed
in that bank had been legally deposited
by the state treasurer in accordance
with law, and had thereby become le-
gaqly the money Of the Peoples Bank
prior to the date of the alleged con-
spiracy.
Mr. Shapley contended shat it would
have been impossible for Mir. Quay 10
have been guilty as indicated, mas
much as the Indictment charged him
with conspiracy on March "a, 1898, With
various state treasurers named therein.
On the date mentioned, Mr. Shaplcy
said, all those named had retired from
the office of state treasurer. and had
no control of state funds, and one of
the treasurers. named William r. Hart.
had been dead several years. The i'm
possibility of the charges contained in
the indictment We're, he said, thus
clearly shown.
The fifth Indictment, against which
a motion to quash was entered, related
wholly to Benjamin J. Haywood. 1t
charged Haywood with unlawfuny
lOaning 100000 of the state funds which
was under his control as state treas
urer, and that he obtained benefit and
gain from such loan. The offease
charged was admitted by Mr.. Shap-
ley to be an indictable one, but he
claimed that the bill was Illegally and
irregularly presented to the grand jury.
No warrant OF arrest had been issued
against Mr.. Haywood on this charge.
and there had been no binding over by
magistrate. When the original
charges of conspiracy had been heard
before magistrate, nothing had been
said of this charge against M. Hay
wsA1 and the district attorney present
ed The bill to the grand jury wholly on
his own responsibility. This, Mr. Shap-
ley commended the district attorney had
no legal right to do. Mr.. Shields added
briefly to the argument for the de-
Tense, and the judge then TOOK the pa
pers under advisement. He did not in
innate when decision might be ex-
pected