The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-12-20
ANSWER TO QUAY'S PETITION
Prosecutor Graham Denounces
CIaims and Charges Therein VI ade

Prosecutor Graham Denounces
Claims aud Charges Therein Made
Philadelphia, Dec. 19.-District Attor-
ney Graham today filed in the prothono-
tary's office of the supreme court the an
swer of the commonwealth to the petition
of United States Senator NJ. S. Quay. his
son, Rich ard NJ Quay, and Former state
Treasurer Haywood, in which the defend
ants asked the supreme court for rule
to show cause why a writ OF certiorari
should not be issued TO take up the rec
ord of examination of the case in which
the defendants are charged with conspir-
acy TO 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 was fixed for Monday, De-
cemoer 70, 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 for
hearing the argument.
The district attorney says that the state
ment that the defendants could not obtain
fair trial is ''scandalous and unruthful
and a gross imputation upon the twelve
judges of the Philadelphia courts" and he
declares it TO be untrue. as charged in
the petition, that the prosecutions were
inspired by Judge James Jay Gordon, as
alleged.
Continuing, the answer says:
1.-THE evidence shows that public funds
of the commonwealth Of Pennsylvania for
years have been used by the cOnspirators
for their private and unlawfulgain.
"Interei khasfteenallo ME Peoples
Interest has been allowed by the Peo-
pies bank on the deposits of money and
paid to She accused in their bank account
and checked out by them along with their
own moneys in the same account. In other
instances cashiers checks and drafts have
been made payable to the accused for GER
tain sums of interest on the public money
and these documents. bearing the endorse
ment of the accused, showing the receipt
by them OF the interest money paid are in
existence and in possession Of the COM
monwealth.
'"The books show that hundreds OF thou
sands of dollars of public money deposited
in the Peoples bank were set apart for
the use of NJ. S. Quay and used by him
and that he was charged no interest there
on. The books showed that hundreds of
thousands Of dollars worth Of stock were
bought for NJ. S. Quay with the money;
that whenever he failed to use his full al
lowance Of public money thus set spar,
for him. interest was carefully calculated
upon the balance not used by him IN the
purchase OF stocks, and paid % the state
treasurer. The district attorney could not
this evidence and to bring the accused into
court, to confess or explain mis- testimony
This respondent acted without the slight
est element OF malice. prejudice or ill-fecl-
ing. The prosecution is absolutely under
the control Of your respondent and no
other person. The averment that there is
any conspiracy to prosecute these defend
ants IS false.
Respondent respectfully suggests that
If II were true that some one inspired the
prosecution, yet II the prosecution Itself IS
Just and well founded this can in no wise
be a defense for the accused.
The answer says fl is utterly unimpor7-
ant and impertinent whether Judge Cor
don. as private counsel for the Peoples
bank. had Cashier Hopkins private let
political or other purposes (which aver
ment IS denied constitutes no ground for
the order prayed for in the defendants
petition.
The district attorney declares that these
proceedings were Instituted before Mr.
Quay made the personal announcement q
his candidacy % succeed himself in the
United States senate Why a legal pro-
ceeding should ne arrested upon the
ground Of a defendants candidacy for Of
ice. the district Attorney Is a. a loss 20
understand and al allegations % THIS ef-
feet he says. are iTreievant and inmater-
ial The district attorney avers that in
seeking trial fOr these cases re r. doing
simply MS duty under his oath ~ Office.
and that IN 50 doing he - nor preludiciug
and intimidsting the general assembly
The prosecution. he says. Vas hss@c urzou
discriminating es.dence.~ = part 4 which
was produced before the committing mag
istrate and me grand jury. and me prose
cuiion has 10 other purpose than thaf -
bringing 20 justice persons who ne -
suondear believes have PER- silently vlo-
lated the ave - re commonwealth and
use.i the pl1oAc moneys q ERE state a.
though they were part q tssir 0Er pr
vste property
IN closing ne answer. ne tlstrie> s'tor-
ney says
.-Respondent avs that sPpeals o -
extraordinary szsur. - he ore m7ee ia
ne. p-e.lrscn 81 question where ruies are
granted aeon panied v1sa Say - pro
c.s.8inxs that interTups iie isrse AID o.
derry progress q TIE s<iusin-sfEas.ea =
itast5os r tie Ieser courts. are ozlcsiis-s-i
% DO srre.orzsis injury ard - aask~ q
.r,r.sssFsis 90 Fzce-ssfu4ly DTossrz.s 5asT-
e,r.s % x@alsa and uoz~T"
o.raaswa- "a. De- f1-Rev- ;. o,iatsr
T.gach - thls rty. - chairman ~ tne
-,ssssi.y committee = TIE E-7'sseosls.- -
I.,za. - r--elr-l fr9ns Rsr. -. y
N,s-rssar = Cas1szo h.s i--s~r - aeesg--
s--s - ,z- srsoe - azshpp = .as Eesa
ssoeese IT, slec-aa - u WerTasea
81 raF have - - raaarncsf - tas ~
ty-esxhr dnsrsns sfansirx e1s-ssttses -
.ss rhsrrh IN - sits-s slztes aa-d tnaa
- .hs Aos.e q b.sasP<