Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-12-20
STATE ANSWERS QUAY
District Attorney Denies Courts Will
Not Give Fair Trial.
CONTESTS ALL ALLEGATIONS
Says That He In Only Doing HIS
Duty In Seeking Trial For
the Cases-Judge Cor
dOn's Position.
CONTESTS ALL ALLEGATIONS

Philadelphia, Dec 20.-District Attor.
ney Graham has filed in the prothono-
tarys office of the supreme court the
answer of the commonwealth to the pc
tition of United States Senator M. S
Quay, his son, Richard r. Quay, and
former State Treasurer Haywood, IL
which the defendants asked the SUI
preme court for a rule to show cause
why writ of certiorari should not be
issued to take up the record of exami-
nation of the case in which the three
defendants are charged with conspira-
cy to misuse state funds on deposit In
the Peoples bank.
True bills of indictment were returned
by the grand jury against the defend
ants. and their trial was fixed for Mon
day, Dec. -, but on Dec. 10 Justices
Green and Williams of the supreme
court granted the rule asked for by the
defendants and fixed Jan. as the time
for hearing argument In his answer
the district attorney makes specific de-
NAL of all the allegations advanced by
Senator Quay and his codefendants.
Ne district attorney says the state
ment that the defendants could not
obtain a Sair trial is "scandalous and
untruthful and a gross imputation up
on the ~ judges of the Philadelphia
courts" and he declares it to be untrue
as charged in the petition, that the
prosecutions We're inspired by Judge
James Gay Gordon. Continuing, the
answer says:
'"The prosecution does not depend up
,1,o1 J,,,t O writ
ten evidence created by the conspira-
tors themselves in the pursuit of the
object of their conspiracy. This evil
dence shows that the public funds OF
the commonwealth of Pennsylvania for
years have been used by the conspira-
tors 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
showing the receipt by them of the in
terest money paid, are in existence and
in the possession of the commonwealth.
Were Used by Him.
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 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, and that when
ever 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 pur-
chase Of stocks and paid to the state
treasurer. The district attorney could
not have failed nor refused to proceed
upon this evidence and to bring the ac-
cused into court to confess or explain
this testimony.
This respondent acted without the
slightest element of malice, prejudice 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 defendants 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 defense for the ac-