The evening times., 1898-12-20
Mr.. GRAHAM
CONTRADICTS QUAY
CHALLENGES HIS ASSERTIONS
Declares Untrue His Charges That the
Prosecution Is Inspired by
lJnlicn

Philadelphia, Dec 20.-In answer to
United States Senator Quay's petition to
the supreme court for a rule to show
cause why writ of certiorari should not
be issued to take up the record of the
case in which the defendant is charged
with conspiracy to misuse State funds
on deposit in the Peoples Bank, District
Attorney Graham filed yesterday Wig
orous statement, challenging the Sena-
tors allegations.
True bills of indictment were returned
by the grand jury against Senator Quay,
his son and former State Treasurer Hay
wood, ard their trial was fixed for De-
cember r. but Justices Green and Will
liams, of the supreme court, granted, on
December 10, the rule asked for and fixed
January as the time for hearing argu-
ment
The District Attorney says in his state
ment that the defendants assertion that
he could not obtain a fair trial is a'scan-
dalous and untruthful, and a gross i'm
putation upon the twelve judges of the
Philadelphia courts" He declares it to
be untrue, as charged, that the prosecu-
tions were inspired by former Judge
James Gay Gordon. The answer con-
tinues:
The prosecution does not depend upon
oral testimony, but upon the written evil
derce created by the conspirators them
selves. This evidence shows that the pub
lie funds of Pennsylvania 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 10
the accused, in some cases placed In the
nf he al in haf
bank account, and checked out by them
along with their own moneys in the same
account. In other instances cashier S
checks and drafts have been made pay
able to the accused for certain sums Of
! interest on the public money. and these
documents, bearing the Endorsement Of
the accused, showing the receipt by them
of the interest, are in existence and In
the possession 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 stock were bought for NJ. 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 on the balance
not used by him in the purchase of
stocks, and paid to the State treasurer.
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 that
there is any conspiracy to prosecute these
defendants is false If ii were true that
some one inspired the prosecution, yet
If the prosecution itself is just and we'll
founded, this can in no wise be defense
for the accused.
The answer says il is utterly unim-
portant whether Judge Gordon, as private
counsel for the president of the Peoples
Bank, had Cashier Hopkins private let
ters and used these letters for political
purposes, which is denied. The district
attorney declares that these proceedings
were instituted before Mr.. Quay made an
nouncement of his candidacy to succeed
| himself in The Senate. Why a legal pro-
ceedings should be arrested on the ground
of defendants candidacy for office, the
district attorney is at a loss to under
stand >"
In closing the district attorney says:
Respondent ayers that appeals OF the
extraordinary nature of the one made in
the petition in question, where rules are
granted accompanied with stay of pro-
ceedinss, that interrupt the regular and
orderly progress of the administration of
justice in the lower courts, are calcu-
lated to do irreparable injury and make
II impossible to successfully prosecute
persons of wealth and power"