The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1898-12-24
The Petition of Senator Nat. S,
Quay ct al. Resisted by Dis
trict Attorney Graham.
WHAT THE EVIDENCE ADDUCED SHOWS.
Large Amounts of Funds OF the State
Placed at tho Private Disposal of the
Defendant Their Claim that They
Cannot Secure u Fair Trial Declared
to be Untrue.

prothonotary's Office of the supreme
court, the answer of the common
wealth to the petition of United States
Senator NJ. S. Quay, his son Richard
r. Quay, and former State Treasurer
Haywood, in which the defendants
asked the supreme court for a rule to
show cause why a writ of certiorari
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.
Granted the Rule Asked for and Fixes g
New Date.
True bills of Indictment were re-
turned by the grand jury against the
defendants and their trial was fixed
for Monday, December IL, but on De-
cember 10 Justices Green and Williams.
of the supreme court, granted the rule
asked for by the defendants, and fixed
January 1 as the time for hearing the
argument.
A ScandalOus and UntruthfuI Statement.
The district attorney says that the
statement that the defendants could
not obtain a fair trial is 'scandalous
and untruthful and a gross imputation
upon the II judges of the Philadel-
phia courts" and he declares it to be
untrue, as charged in the petition,
that the prosecutions were inspired
by Judge James Gay Gordon, as al.
legged.
The Answer of the District Attorney.
Continuing, the answer says:
1.-The evidence shows hat public
funds of the commonwealth of Penn
sylvania for years nave been used by
the conspirators for their private and
unlawful gain.
Public Moneys at the Disposal of the De-
PENDANTS
Interest has been allowed by the
Peoples bank on hedeposits of 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 docu-
ments, bearing the Endorsement of the
accused, showing the receipt by them
of the interest money paid, are in ex-
i~stence, and in possession of the com.
monwealth.
Involving Hundreds of Thousands of Dol
lars.
1.-The books show that hundreds of
thousands 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 thereon. The
books showed that hundreds of thous-
ands of dollars worth of stock were
bought for NJ. S. Quay with the 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 dis
trict attorney could not have failed
MOI refused to proceed upon this evil
dence and to bring the accused into
court, to confess or explain this testi.
mony.
Not Prompted by Malice.
This respondent acted without the
slightest element of malice, prejudice
or i'll feeling. The prosecution is alb
solutely under the control of your re-
spondent and no other person. The
averment that there is any conspiracy
to prosecute these defendants is false.
Constitutes No Defense.
Respondent respectfully suggests
that if it were true that some one in
spired the prosecution, yet if the prose
cution itself is just and well founded,
this can in no wise be a defense for
the accused"
The answer says it is utterly I'M
important and impertinent whether
Judge Gordon, as private counsel for
the Peoples bank, had Cashier Hop
kins' private letters and that these let
tiers were used for political or other
purposes (which averment is denied)
and constitutes no ground for the or
der prayed for in the defendants petit
ton.
The Political Phase of the Situation.
The district attorney declares that
these proceedings were instituted be-
fore Mr.. Quay made the personal an
nouncement of his candidacy to sue
coed himself in the United States sem
ate. Why a legal proceeding should
be arrested upon the ground of a de-
PENDANTS candidacy for office, the dis
trict attorney is at a loss to under
stand. and all allegations to this eff
feet, he says, are irrelevant and imma-
terial.
The district attorney AYERS that in
seeking trial for these cases he is do
ing simply his duty under his oath OF
office, and that in so doing he is not
prejudicing and intimidating the gen.
eral assembly. The prosecution, he
says, was based upon discriminating
evidence" a part of which was pro-
duced before the committing magistrate
and before the grand jury, and the
prosecution has no other purpose
than that of bringing to justice per-
son whom respondent believes have
persistently violated the laws of the
monwaa and ucad the Dublic |