New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-12
VALUABLE POINT FOR QUAY
HIS COUNSEL SEEKS TO PREVENT THE
ADMISSION OF THE PEOPLES
BANK BOOKS
MYSTERIOUS TELEPHONE MESSAGE FROM
HARRISBURG LED RECEIVER TO Sc
CURE IMPORTANT PAPERs-PUT
TO POLITICAL USF

TO POLITICAL USE.
Philadelphia, April lin the trial Of ex-senator
Quay to-day. his lawyers began what Is regarded
as the ali-important contention In their night Tor
lis acouittsl namely that the books OF the broken
PEOPLES Bank are not competent testimony against
the accused man. and therefore should not be ad-
United in evidence Should Judge Bidde decide the
poipt well taken. the Commemorative case viii
necessarily collapse.
In order to secure the most effective presenta-
ton OF this phase of the defence, Mr. Quay brought
10 his aid the skill OF David T. Watson, OF Pitts
nurs one Of the ablest attorneys In Pennsylvania.
The Dis,rct-Attorney opened the proceedings In
this phase Of the by offering in evidence the
books OF the bank. extending over a NUMBER OF
years and along with them the account books. let
ter-press book and letters from Senator Quay ana
State Treasurer Haywood found In the desk OF
Cashier Hopkins after that Official committed sui
eide He read a long summary OF what the books
and papers showed. and stated what he expected TO
prove by them. namely that. through conspiracy
with Cashier Hopkins. State Treasurer Haywood
and other State Treasurers. and possibly other or
hcsls Of the bank. Senator Quay used a certain
fixed amount OF State money deposited In the in
sttution and received interest another fixed por-
ton OF the State deposit.
Mr. Watson contended that the mere fact that
bank clerks. with no personal knowledge OF the
truth O. what they were writing entered certain
figures In book. which figures purported to repre-
sent interest paid to Senator Quay. was no proof
that the money had been received by him OF that
there had been any intention to pay 1t to him.
IMPORTANT DECISION EXPECTED TO-DAY.
Judge Biddle will probably decide tomorrow
whether the books Of the bank are admissible. II
he decides that they are Mr.. Quays lawyers VIII
next take up the memorandum books asd letters
belonging to Hopkins. and oppose thelr cohsioera-
tion as valid testimony.
Previous to the presentation Of the banks books
BY Mr.. Rothermel. the examination or heceiver
Barlow concluded. and e1-Judge James Gay
Gordon. who the sdherents OF Senator Quay de-
clare is responsible for what they term the con-
spiracy against their favorte. gave testimony In
oorroboration and explanation of Mr Barlow's
statement.
Mr.. Barlow created sensation by the state
insnt that he had broken open the dead cashiers
desk and taken therefrom the books and letters
appertaning to the Quay trial at the behest OF
mysterious informant who spoke to him over the
telephone from Harrisburg, and stated that there
was a plan on foot to steal the compromising docu-
ments that night. He was. he said. never able 10
learn who his mysterious friend was. The fact was
cleaned from Mr.. Barlow that the banks books
and letters practically In the control OF Judge
Gordon from April until September Of last year
He considered this proper. as Judge Gordon was
the confidential adviser of President McManes, OF
the bank
Judge Gordon gave his testimony in a quiet. con-
vincing manner He deprecated the stories Of con-
spiracy against Senator Quay that have been per-
sistently put In circulation and frankly answered
every question asked regarding the use he made
of the papers while he had them He admitted that
they had been photographed at his suggestion. but
merely for purposes OF safety in the event OF the
originals being destroyed He also admitted show
ing them to David Martin the leader OF the anti
Quay faction TO John Wanamaker, bitter oppo-
nent Of Senator Quay. and to others. including
partial exhibition of letters TO James NJ. Guffey
the Democratic leader OF this State. but not IN
the manner limited at by the defence.
Thomas W.. Barlow. the receiver of the bank
who was on the stand yesterday. WAS cross-exam-
incd by Mr. Shapley at the opening of the pro-
ceedings. Mr. Shapley had not proceeded far with
the cross-examnation before his line of questions
apparently indicated his purpose to prove that the
whole fabric OF the charges against Mr.. Quay was
the result of conspiracy.
HOW THE PRIVATE BOOKS WE'RE SECURED
After bringing out the fact that Mr. Barlow was
assistant TO the former District-Attorney. MT
Graham In the time he acted receiver. and was
busy with other duties. the witness was told TO tell
all the circumstances of his removal Of certain
letters. papers and books from the private desk OF
Cashier Hopkins. Among these books is the one
known the RED Book" which the prosecution
alleges shows that Hopkins computed interest on
State funds which he deposited to Mr. Quay's
credit. The papers also included the Quay letters
among them the plum tree document.
Mr.. Barlow, In reply, said: "On March 70 a per-
son in Harrisburg whom did not then and do not
now know. spoke to me in this city over the long
distance telephone. He said i want TO say 10 you
that attempt will be made night to take GER
tain documents out of Hopkins's desk so they had
better be taken by you As result OF this
went to the bank accompanied by policeman,
broke open the desk. and took them out The wit
ness said he informed Judge Gordon, then one OF
the Common Pleas judges. of his intention. the lat
ter being private and confidential adviser TO James
McMsnes. president of the bank For about three
sho, rscht bai tbe entS In he nos
session OF Judge Gordon In q trust companys Of
fee. Afterward these papers virtually in
Judge Gordon's custody until early in September.
Mr. Barlow denied knowledge OF the photograp PHI
ing OF the Quay letters for the use OF his political
opponents. He said no did not know that they
had been taken 10 a hotel by Judge Gordon and
shown TO David Martin. or that Judge Gordon and
John wanamsker had taken them TO New York
ana shS Non ne % Jnne s eo9t
make Judge Gordon the Democratic candidate for
of s bs6re last Nh
nous Telephone message from Harrisburg Judge
Mr. Barl9w, tbought,, however that State Bank
OF the existence OF the documents and had seen
them prior to their coming into HIS Barlows) pos
The witness denied that any money or securtie.
Gordon He also denied positively that Judge Cor
don was present when he broke open the cashiers
MT. shapley put long line Of questions to the
witness. the obvious design being to sustain the
contention Of the defence that the memora ndum
books and letters taken from private desk were
not bank property and therefore not admissible as
evidence in this case On redirect examina ton Mr..
Barlow said that his recollection was that Bank
Ing Commissioner GiIkeson had possession Of Hop
kinss keys. and had unlocked the private desk and
examined It's contents two or three days before he
was appointed temporary receiver. In a
question By the Judge. Mr. Barlow said the pa pers
in the desk were In a much mixed-up and confused
condition.
The red book" was handed 10 Mr. Barlow and
he declared emphatically that II now in the
same condition as when II came into his posses
sion.
JUDGE GORDON'S EVIDENCE
Judge Gordon the next witness, identified the
papers and books that had been placed IN his pos
session by the receiver Of the bank and said they
are undoubtedly In the same condition now as
when he received them. Mr.. Shields conducted the