Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-12-20
GRAHAM'S ANSWER
To Senator Quay's Petition for Ger
tiorari Writ.
Distric. ssttorney TELLS Of Evidence Showiag
Misuse Of States Money.

Philadelphia, Dec. 19.-District At
torney Graham, today, filed in the
parliamentary 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 ask
the supreme court for a rule to show
cause why a writ of ceE-tiorari 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 returned by
the grand jury against the defendants
and their trial was fixed for Monday.
Dec. II. but on Dec. 10 Justices Green
and Williams of the supreme court
granted the rule asked for by the de-
PENDANTS and fixed Jan. 7 as the time
for hearing argument.
In his paper the district attorney makes
specific denial of all the allegations ad-
vaneed by Senator Quay and his co-de-
PENDANTS. The district attorney says the
statement that the defendants could not
obtain fair trial Is ''scandalous and UNI
truthful and a gross imputation upon the
Z judges of the Philadelphia courts, and
the petition that the prosecutions We're
inspired by Judge James Gay Gordon.
Continuing, the answer says:
THE prosecution does not depend upon
verbal testimony, but upon the written
evidence created by the consprators
themselves in the pursuit of the object of
their conspiracy. This evidence shows
that the public funds of Pennsylvania
for years have been used by the conspira-
tors for their private and unlawful gam.
Interest has been allowed by the Peo-
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 ac-
cused for certain sums of interest on the
ing the endorsement of the accused,
showing the receipt by them Of the in
terest money paid. are in <he possession
of the comm OnWealth.
The books show that hundreds of
thousands of dollars of public money de-
posted in the Peoples Bank was set
apart for the use of NJ. S. Quay and used
by him; and that he was Charged no in
terest thereon. The books show thar
hundreds of thousands Of dollars worth
of stocks We're bought for Mr.. Quay with
tnis money.
."fhat 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 in the
purchase of stocks, and paid to the state
treasurer. The district attorney could not
have refused to prosecute on this evil
Gence and bring the accused into court
to confess or explain this testimony. This
respondent acted without the slightest
element of malice. prejudice ar feeling. :"
The district attorney AYERS that in seek
ing trial for these cases he is uoing SIM
ply his duty under his oath of office and
that in so doing he is not prejudicing and
intimidating the General Assembly. The
prosecution. he says, was baseu upon
discriminating evidence, a part of which
magistrate and before the grand jury,
and the prosecution has no other pur-
pose than that of bringing to justice per-
persistently violated the laws of the COM
monwealth and used the public moneys
of their state as though they were part of
their own private property