Evening star., 1899-04-12
Judge Admits All But Red Book in
Quay Trial.
IT'S COMPETENCY TO Be ARGUED
His Ruling is a Heavy Blow to the
Defense.
MIR. QUAY'S LETTERS READ

tba ssRed Pook' was proper testimony
against Senator QUAY since 1t is not found
among the regular bank books 1t has not
yet been regularly offered in evidence and
the question Of its admissibility Will be
decided when it is presented.
Judge BiddIe took his seat promptly at
10 o'clock and after the jury had answered
to their names, District Attorney Rother-
mel began his reply TO Mr.. Watson, urging
the adTni 5sion of the books OF the bank
His first point was that all manner of
criminal charges are established and
proven by circumstantial evidence the
crime of conspiracy being frequently
proven in this way. Mr.. ROthermel bore
strongly on the continued payment of in
terest on the commonwealth deposit IN
the Peoples Bank to Senator Quay. He Of
that Mr.. Quay was borrowing money from
the bank for the purchase of stock, and
that he paid no interest en- these moneys.
Loans Showed the Conspiracy.
This continued loaning of money. Mr.
ROtherrnel contended. was in furtherance
Of the conspiracy between Cashier Hop
kins, State Treasurer Haywood and Senator
Quay. He first took up the period for six
months ending October. 1897. when the
commemorative deposits varied from s525.-
90 to S5t5,OoO- During this time, he said.
no interest. He proposed to show by the
writing in one OF the books. the now IA
nous red book" that Hopkins had care
fully computed interest on the amount of
this deposit not used by Quay which inter-
est was divided into three parts. two of
which were deposited respectively. to the
CT edit of Haywood and Quay. the remaining
part going, IL was alleged, to G. H. Mckee
of Pfttsburg. He proposed to show the very
scheme. he said, which was adopted to con-
ceaI the operation from the other clerks of
the bank.
Following this. he quoted number of
opinions on the subject of conspiracy, and
the manner in which it may be proved. He
cGmbated the contention of the defense
that the statute of limitations barred much
of the matter charged against Quay, quot
ing the Supreme Court to show that chain
of circumstances and transactions extend
ing back indefinitely might be used to Sc
cure conviction. notwithstanding the stat
ute limiting the prosecution 10 acts com
mitted within two years.
Question by the Judge.
When the district attorney concluded
Judge BddIe asked:
Mr.. Quay was a depositor in the bank.
was he not?''
Yes. sir: but these transactions are en-
tirely outside of his deposit"
Mr.. Watson of Mr.. Quay's counsel re-
piled briefly to the district attorneys argu-
ment. He drew the attention of the court
to the points he raised yesteTday-first, that
the guilt of Haywood. Hopkins and others
is not under discussion in this case, the two
named being dead and the others not under
indictment, second, that in the Indictment
against Mr.. Quay he is charged with using
state funds, when under the law state
money deposited in a bank becomes the
property of the bank, and consequently the
defendant cannot be tried on that charge;
third. that the books are not admissible as
competent TO prove what the commonwealth
contends they will prove, as they were made
by clerks who knew nothing about their
purpose. and that they were not authorized
by Senator Quay.
Mr.. Watson insisted that acts of other
people could not be urged against Quay.
Conspiracy between the various state treas
urerS from 1856 to 1898 and Hopkins was
not proof of crime committed by Quay
and could not be urged as SUCH This con-
cluded his argument.
Judge Biddle in his opinion said that the
commonwealth has the right to deposit
money in bank, and that IL then ceases
TO be money Of the commonwealth, and the
bank may loan II 10 whom IL pleaSes. IF
that was the case" he continued, mo crime
has been committed" The allegation Is
made by the commonwealth, he said, that
no person or persons ever fail to give a
crime committed an appearance of inno-
Ceuce.
Not Like N Common Deposit.
II" he said, 1.-The commonwealth can
show that Mr. Quay from his political in
wealth to make a deposit in the Peoples
Bank. under the condition that 1t was a de-
Posit made to allow him to use as collateral
and TO receive interest on it. then 1t is a
different matter. To use phrase, 1t was
deposit with a string tied to It
In regard to the admission of the books
of the bank. it is true that no bank can
make person debtor simply by entering
an amount in the bank book
ION the other hand" he continued, Sup
pose a man is a depositOr in a bank and
the records of his hank book show he is
credited with certain money and dra ws
checks against 1t. and all the money Is not
mis-, that also makes a difference.
All criminal offenses." he said 'are not
committed so as TO be patent to any mere
paSserby. There is always concealment
all that the commonwealth proposes to
prove The commonwealth, however, has
clearly the right to show the true nature
OF this deposit and 1 think the books of
the bank are admissible.
As TO the red book that occupies a diff
ferent position 1t was not found among
the other books of the bank but was in
Hopkins private desk. / am not salts
fed IL is competent
Here the district attorney interrl1pted the
court to state that he had not argued on
the question of the red book in particu-
lar. but of the banks books generally Judge
Biddle said he had been under the impress
sion the commonwealth was discussing the
question. but If counsel preferred it the
matter could be argued when the occasion
arises. This will probably be when the
book is Offered in evidence
Counsel for Mr.. Quay filed an exception
10 the ruling of the court on the admitted
documents.
The Plum Tree Telegram.
George S. Graham. who was district at
torney when the prosecution was first
brought against Mr.. Quay. identified two
kilograms sent by Quay TO Hopkins, which
he said Mr.. Quay admitted having sent to
the cashier. One of these is the plum
tree telegram. which reads: If you will
buy and carry a thousand Met for me
will shake the plum tree"
The other reads: Get out at a nroIt
l check on you for seven thousand
Both were sent from St Lucie Fla in
February of last year.
Mr. Quays lawyers showed no dlspositiop
20 dispute Mr.. Graham's statement that
Mr.. Quay admitted that he sent them hui
entered the usual objection to their admis-
sion.
Albert l. Taber, teller OF the broken hank
was put on the stand TO identify the bank
books which are in evidence. There are 81
of ~'