Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-20
DISTRICT ATTORNEY GRAHAM |
Answers the Petition Of Senator Quay
and His CO. Defendants


and His CO. Defendants
In WHICH THEY SEEK TO SECURE
DELAY IN THEIR TRIAL ON THE
CHARGE OF UINLAWFULLY USING
THE STATES FUNlDS-ANOTHER
SCoRCHING FOR QUAY-A RBPE-
TITION OFF I H E SERIOUS
CHARGES MADE BEFORE THE
GRAND JURY.
philadelphia, December 19.-DiStrict
Attorney Graham to-day filed in the
prothonotary's Office of the Supreme
Court, the answer of the Common
wealth to the petition of United States
Senator M. S. Quay, his son, Richard
r. Quay, and former State Treasurer
Haywood, in which the defendants
asked the Supreme Court for rule to
show cause why writ of certioari
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 indictment were re-
turned by the grand jury against the
defendants, and their trial was fixed
for Monday, December II, but on De-
cember 10 Justices Green and Williams,
of the Supreme Court, granted the
rule asked for by the defendants and
fixed January as the time for hearing
arguments.
The district attorney says the state
ment that the defendants could not Cd
tain fair trial is "ScandalOus and I'M
truthful and a gross imputation upon
the twelve judges of the Philadelphia
courts" and he declares it to be I'M
true. as charged in the petition, that
the prosecutions were inspired by Judge
James Gay Gordon as alleged.
Continuing the answer says:
.The evidence shows that public
funds of the commonwealth of Penn
sylvania for years have been used by
the conspirators for their private and
unlawful gain.
Interest has been allowed by the
Peoples Bank on the deposits OF public
money and paid 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 other instances, 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 en-
dorsement of the accused, showing the
receipt by them of the interest money
paid are in existence and in posses
sion of the commonwealth. The books
show that hundreds of thousands of
dollars of public money deposited in
the Peoples Bank were set apart for
the use of M. S. Quay and used by him;
and that he was charged no interest
thereon.
'The books show that hundreds 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 to the State Treasurer.
The District Attorney could not have
failed nor refused to procede upon this
evidence and to bring the accused into
court to confess or explain this testi-
mony This respondent acted without
the slightest element of malice, pre-
JUDGE or feeling. The prosecution is
absolutely under the control of your
respondent, and no other person. The
averment or innuendo that there is any
conspiracy to prosecute these defend
ants is false. Respondent respectfully
suggests that if it were true that some
one inspired the prosecution, yet if the
prosecution itself is just and well
founded, this can in no wise be a de-
tense for the accused"
The answer says that it is utterly
unimportant and impertinent whether
Judge Gordon, as private counsel for
the president of the Peoples Bank had
Cashier Hopkinss private letters. and
that these letters were used for
political or other purposes (Which aver
ment is denied, and constitutes no
ground for the order prayed for in the
defendants petition.
The district attorney declares that
these proceedings were instituted be-
fore Mr.. Quay made the
PERSONAL ANNOUNCEMENT
of his candidacy to succeed himself in
the United States Senate. Why legal
proceeding should be arrested upon the
ground of defendants candidacy Tor
Office, the district attorney is at a loss
to understand, and all allegations to
this effect, he says. are irrelevant and
immaterial.
The District Attorney AYERS that in
fnr