New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-18
GOLDSMITH ON THE STAND.
CHIEF WITNESS FOR PROSECUTION IN
QUAY TRIAL.
DEFENCE MAKES A SLIGHT GAIN-sTATUTE
OF LIMITATIONS URGED-vALUE
OF THE RED BOOK"


OF THE RED BOOK"
Philadelphia April 17-Meyer Goldsmith the
Commemorative expert accountant, was on the
stand all day in the trial of Senator Quay, max
ing statements that are apparently damaging
to the defendants side OF the case Goldsmith
is the main witness for the prosecution, and 1t
is through him that all OF the documentary evil
dence is to be presented. This witness has
amined the banks books thoroughly. and he
came into court this morning with a number OF
typewriter sheets containing figures which he
had gathered from the various books relating
mainly TO the deposit OF the state Treasurer and
the account OF Senator Quay. He swore to the
correctness of his work. and then the District
Attorney formally offered the paper in evidence.
This was objected to by the defence, on the
ground that such a paper Is not evidence. II
was insisted that the books themselves should
be placed before the witness and his statements
uttered from what he saw entered in them. The
Judge decided in favor OF the defence, thus
giving that side the first piece Of comfort 1t has
experienced since the trial began. Although the
defence apparently gained this point, the paper
was practically in evidence, the witness using
its contents In framing his answers to the Dis
trict-Attorney's questions.
RULINGS OF JUDGE BIDDLE.
When the Quay lawyers objected to this, they
were met by the Judges explanation that. while
the paper could not be used sworn evidence
the witness might 1t to refresh his memory
One effect Of all this to make 1t certain
that the case will now go to the jury, there
having been some doubt this point up to the
decision TO admit all that Goldsmith might have
to say.
Just before the close OF the days proceedings
there was another ruling by Judge Biddle In
favor of the defence which may have an i'm
portant bearing on the future OF the case. The
statute of limitations has been pleaded time ana
again by Senator Quay's lawyers as bar TO
much OF the testimony presented by the Com
monwealth AS Senator Quay was indicted on
November II. 1898 the two years allowed by
the statute for prosecution would extend PACK
only TO November H. 1896. On this basis Mr..
Watson has frequently urged Judge buuls . 10
exclude mention OF transactions dating back 10
1856 when Mr.. Quay was State Treasurer.
The Court has uniformly heid, IN eHect, '. ma
the statute OF limitations does not anect lhe
evidence but does affect the alleged crime.
The District-Attorney pointed out that ne
alleged the defendants guilt during the TWO
wears the law confines him to, and 10 prove thls
the corroborative evidence or the previous year,
should certainly be admitted. Judge Biddle de-
cided against the Commonwealth, and the quay
lawvers were happy. He ruled that the evidence
should be confined TO the anu
not relate to some other alleged conspiracy.
R1uJNG FAVORABLE TO DEFENCE.
It Is interesting to note that there was every
indication that the Judge was about TO rule
against Mr.. Quay when Mr.. Watson got In an
other little speech, similar to several he had
made in the day, and begged the Court 10 con-
slider the point that the prosecution has so rar
/ failed to show a specific conspiracy. and this
fnt, ha
I question Of conspiracy The Judge took this
! ,,isur and ruled accordingly. The lawyers for
the defence say that the decision practically
rules out the figures prior to November IL, 1850.
Mr. Rothermel says Its erect VIII De TO preVeht
him from onerins ihuch VI Tic e'iue"Se i'e NpeN
to present. ,., $500, -. a.
taken from the bank books embracing the Vari-
o,s aettIement periods Of six months each. dat
! Inc back TO october 81, 1893 showing the
! amount OF the State deposit, the amount loaned
TO Senator Quay in each six months. the amount
! ~ Interest allowed the State Treasurer for that
! norton OF the State deposit apparently not set
/ aside for Senator Quay's use, the amount OF in
terest II any, the Senator paid on his loans. and
, the amount OF money used TO purchase stock FOR
him.
SERIES OF OBJECTIONS
Tho denosit during the years mentioned ranged
from, 81 300 900 to 100000. Senator Quays
leans were shown to be as great SS660OO in
one period of six months. Occasionally, the Wit
ress said smaller and inadequate payments of
. INTEREST nv Senator Quay shown, but gen.
+ oiI,, there was nothing TO indicate that he paid
Sor the use Of the banks money. While all these
dgures were going in, counsel for Senator quay
sat silent and motonless' listening 10 the liloiIo.
B nous routine Of question and answer. This was
in pursuance Of an understanding that the de-
fence objected to every answer, that the obJec-
ton was overruled and an exception noted. ms
} Is for future use in higher court, II necessary
once MIR Shields felt constrained to enter an
/ earnest protest against witness being permit
ted to place a mans liberty In Jeopardy by max
on conjecture. A., -
There is no doubt that nearly all OF the ex-
pert's deductions and figures were obtained from
the RED Book" about which so much has been
said. and against the introduction OF which the
Quay counsel made such vehement but unavaii-
! ing objection.