The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-13
FAMOUS RED BO0K"
NOT ADMITTED
Attorneys for Senator Quay Gain Slight
Advantage.
THEC0MMONWE LTH'SCASE
Rests Almost Entirely on Its Admission
As Evidence.
THECOMMONWEAL TH'SCASE
ROTHRMEL HAS NOT DEspAIRED
Judge Biddle's Decision Was Not Final
and the District Attorney Will
Argue the Point More Fully
At a Later Time.

Philadelphia, April Ex-senator Quay
gained a partial advantage in court today
by the apparent refusal of Judge Biddle,
for the present at least, to admit as evil
dence against him the famous ''red book
which has figured 50 prominently in the
trial and which is alleged to contain the
key to the case of the commonwealth.
This book was found in the desk of
Cashier Hopkins, of the Peoples bank,
after the institution had closed its doors
and that individual had taken his own life.
Twelve pages of the book are devoted to
what the prosecution charges as Hopkins
record of his transactions in money de-
posted by the state treasurer for the adj
vantage of Senator Quay. 1t contains
tries extending over several years and fig
ures are written in it which apparently
show the calculation CT interest on sums
of money approximating the states de-
post. less certain deductions for the
benefit of Senator Quay. These figures,
the prosecution alleges were posted from
the red book to the regular ledger of the
bank containing Senator Quay's account.
In passing the question of admissibility
of the red book, Judge Biddle said:
Judge Biddle's Opinion
at does not strike me that knowledge
of the book has been brought home to
Senator Quay. 1t was not found among
the boolls of the bank at all. Ii was found
in drawer not in the orderly shape the
books of public institution are kept, but
crowded in with a sort of rubbish and an
investigation of that book revealed these
figures. am not satisfied, therefore, that
this book has been made competent evil
donce against Senator Quay"
This decision part of an oral opinion
by the judge in which he established the
point that the regular books of the bank
were admissible as testimony.
District Attorney Rothermel say the dis
advantage that the latter part of the opin-
ion placed him in and he sprang to his feet
to assure the court that he had not argued
for the admission of the red book had not
formally Offered A lin evidence and might
not find it necessary to make such an offer
| Judge Bidde replied that he understood the
| argument of.yesterday and this morning to
be on the admission of all the books and
papers, but in view of Mr.. Rothermel's
statement he would withhold his decision
on this book until it is regularly offered and
the question argued.
Dismissed the Matter
Counsel for Mr.. Quay seeing their ad-
vantage, insisted that they had included
the red book in their argument against the
duiIlSSlOH OIL inc DOCKS, DHI the Judge us
missed the matter for the present.
The commonwealth contends that al
though the red book was kept by Cashier
Hopkins in a separate compartment away
from the eyes of the other employees it was
necessarily a part of the bookkeeping sys-
tenn of the bank and 1t will have to be adj
mitted to corroborate and explain entries In
| Senator Quay's account in the ledger.
| The lawyers for the defense We're evil
IDENTIFY disappointed at their failure to
secure the exclusion of all the books of the
| bank and thus practically destroy the case
| of the prosecution 1t has been understood
| that Lawyer Watson's presence in the case
| is for the purpose of making the fight
| against the books
| All OF the evidence, practically, against
| Senator Quay is documentary in the shape
| of letters and book entries and the attitude
| of his counsel has clearly indicated pur.
| pose to fight to the bitter end against the
| introduction of such evidence.
Failure Was Not Complete
Their failure in this respect was not COM
| plete however they have apparently
secured the exclusion of the vital evidence
contained in the little memorandum book,
known for purpose of Identification as the
| ''red book which gains its title from the
| fact that the computations of interest in it
| were made in red ink by Hopkins
They were unsuccessful in the effort to
| keep out the letters and kilograms written
| by Senator Quay to Hopkins directing him
to make certain transactions in stocks.
| These were all made public at the time of
! Senator Quay's preliminary hearing in Oc-
| tober last.
The letters are in Senator Quay's hand
| writing with one or two exceptions. All of
| this afternoon the lawyers argued at cross
purposes on the manner of the bank books.
| The district attorney wanted to avoid the
/ physical inconvenience of bringing into the
| court room several wagon loads of ledgers
and account books, asking that they be
! identified in a lump and separate books
! brought into court as needed. The defense
would not consent to this and the matter
was still under discussion when the court
| adjourned until tomorrow.