The times., 1899-04-14
QUAY'S HARD FIGHT
TO save HIS name
Indications That tie Trial
Will Be a Long One.
Books of the Defunet Peoples Bank
Offered in Evidence.
Former Teller Tabcr Called to the
Witness Stnnd-The Famous Red
Book Creates Stir.

Philadelphia. April 1S-According to in
dications today the trial of Senator Quay
On the first of the indictments. charging
conspiracy to misuse the funds of the State
deposited in the Peoples Bank, is likely
TO continue into next week. 1t is believed.
indeed. that the trial will not be over when
the Legislature adjourns. on April 20. The
second and third days of the trial ended in
legal deadloeks. and when court opened
this morning for the fourth day no one be-
lieved that the case would have progressed
far by nightfall
The prosecution had succeeded in having
identified the books and papers found in
Cashier Hopkins desk. After long wran-
gle the prosecution had also been success
ful in getting admitted into evidence five
letters and two kilograms alleged to have
been sent TO Hopkins by NJ. S. Quay. and
a letter alleged TO have been sent to Presi-
dent McManes. of the Peoples Bank by
State Treasurer Haywood. The first five
letters related to stock transactions. as
did the kilograms, one of which contained
the famous phrase about shaking the plum
tree" The letter to McManes referred to
a deposit TO be made in the Peoples Bank,
which was not to be checked against until
Richard R. Quay had arranged for the pay
ment of loan of like amount TO the de-
pcsIt.
The admission of all these documents
was excepted TO by the defence. The
xrangle over their admission together
with other books and papers in the case,
ended yesterday for the time at least,
when Judge Biddle ruled practically that
he would admit everything except the red
book. of the competence of which he was
not satisfied, and on which he reserved
decision until it should come up in the
course of the trial. Honors were even
in the contest temporarily ended by this
ruling of the court. The District Attor-
ney's success was balanced by the opinion
OF the court regarding the red book, whose
admission is said to be of vital importance
10 the case for the people.
Attorneys In WrnngIe.
Another battle was precipitated yesterday
afternoon, however, when District Attorney
Rothermel began TO bring in the 200 or
more books of the Peoples Bank for identi-
fication. The issue was Joined over the
mode of procedure as TO their identifica-
iion. The defence contended that there
was an enormous amount of irrelevant ma
terial in these books, supposing that they
contained anything relevant. and objected
TO the waste OF time which the District
Attorney seemed to be contemplating. No
agreement as to a method TO be followed
was reached In court. and an early ad-
journment was granted on the understand
ing that the opposing counsel would con-
fer and try to arrange mode of procedure
regarding the Identification of the books
Ii was said before court convened today
that an agreement had been made by
which the banks books would be identified
separately and briefly by the former en-
ployes OF the bank who had had 10 do with
the entries In the books. The exact meth
od of Identification was not. however, out
lined. and IL was stated by one OF the
counsel for Quay that this was going TO
be the defence's day.
Court opened promptly at 10 o'clock with
all the principal figures in the case pres
ent. except Richard R. Quay. Counsel on
each side engaged in whispered confer
ences while the bulky ledgers of the bank
we're brought into the courtroom, and Mr..
Shields and Mr.. Rothermel announced TO
Judge Biddle that an agreement had been
reached. Ii was 1880 O'Clock before the
active business OF the day was begun by
Mr.. Rothermel calling TO the witness stand
Albert L. Taber. formerly receiving teller
of the Peoples Bank. Mr.. Taber testified
as TO his connection with the bank from
1884. and what his duties had been. He
said that be had been a messenger until
February. 1855, that from then till May,
1891 he made entries in the l. to z indi-
vidual ledger. and that thereafter. until
September. le36, he made entries in the A
10 X individual ledger. From September
1895 he had been receiving teller and had
kept the receiving teller's books.
Were your entries made in the regular
course OF business - asked Mr.. Rothermel.
4 object interrupted Mr.. Shields.
That is for Your Honor and the jury to
decide
Entries Were Regularly Made.
The court, however. oyerruled the objec-
tion. But when Mr. Rothermel repeated
the question Mr.. Shields again objected
on the ground that it was not for the wit
ness TO make conclusions as to whether the
entries were made in the regular course
Of business. The court oyerruled again and
the witness answered the question in the
affirmative.
Were the entries contemporaneous with
the events or transactions they recoTd?''
asked MIR. RothermeI
The defence objected to this question as
leading
The district attorney said that he want
cd only 10 know what was the custom OF
the bank. He was instructed TO alter his
question and he went after the nforma-
tion in another way. The witness testified