The Topeka state journal., 1899-04-20
CLOSING ACT
In the Trial of Ex-senator
Matthew 5. Quay
On the Charge Of Conspiracy to
Defraud.
EVIDENCE is ALL IN
Both Sides Make Arguments
Before the Jury.
Motion to Dismiss is Denied by
the Court.

Philadelphia, April 2O.-The defence
today opened its part of the proceedings
in the trial of Senator Quay on the
charge of conspiracy by moving that
the court withdraw the case from the
jury and render a verdict of mot
guilty" In support of this motion
David T. Watson made a long argu-
ment. He began with the statement
that early in the trial, the prosecution
presented an offer to produce evidence
connecting NJ. S. Quay with a con-
spiracy alleged to have been entered
into with Cashier Hopkins of the Peo-
pies Bank and State Treasurer B. j.
Haywood for the misuse of state funds
deposited in the Peoples Bank. Mr..
Watson argued that the district attor-
ney had utterly failed to prove his case
and moved that the court strike from
the record the statements produced
from the books of the bank because
they failed to connect NJ. S. Quay with
conspiracy. He also moved to strike
out the red book on the same grounds.
The same motion was made with ref
erence to the letter of July 81, 1896,
from Treasurer Haywood to President
McAJanes of the bank, agreeing to loan
to r. D. Quay and the minutes of the
bank director with regard thereto, the
ground being that this evidence related
to a transaction with which NJ. S. Quay
is not connected.
NOT AN EXPERT.
Another point raised was that Gold
smith. the commemorative chief wit
ness, is not an expert; that instead of
testifying to what the books disclosed
he evolved theory from inferences and
partly from outside information
The crime charged, said Watson, is
conspiracy and curious to say there is
only one person indicted. The common
wealth has utterly failed. he contended,
to connect the defendant with the
charges of conspiracy. In the course of
his argument Mr.. Watson made the
point that the prosecution admitted
that not one cent of interest on state
funds had ever been paid to Mr.. Quay.
He argued that while some of the testi-
mOny offered may be evidence against
Hopkins and Haywood, it is certainly
not evidence against Mr.. Quay. The
commonwealth has failed to show that
Mr. Quay had anything to do with in
ducing Treasurer Haywood to deposit
state funds in the Peoples Bank
Coming to the loan of 100000 to r. D.
Quay, Mr.. Watson pointed out that this
was a loan to another man, and the
commonwealth has not proved that
Senator Quay even endorsed the note.
The attorney quoted the laws relating
to the duties of the state treasurer and
said there was nothing to prevent him
from depOsiting the money in his GUS
tOdy wherever he pleases.
The law prohibits from gaining profit
by such deposit. but it does not pro-
it is expected that a bank accepts de-
pOsits for that purpose.
ROTHERMEL'S REPLY.
District Attorney Rothermel in reply
his offer of proof and declared that the
Commonwealth has proved the con-
spiracy completely within the line to
which the court limited it, namely the
two years ante-dating November II,
1898. He said the letters of Senator
Quay to Hopkins were proof of the
conspiracy, as was also the fact that
for the six months ending October 81,
1897, Senator Quay had received $751;
600 without interest.
Judge Biddle said there was present
ed to him, first a demurrer to the in
dictment, second, a demurrer to the ev-
idence.
AS to the first, he would say nothing,
as the question has already been de-
cided by a judge of the Philadelphia
court. Regarding the second demurrer
the judge said he was not in position to
discredit the testimony offered by the
commonwealth and he would therefore
allow the case to go to the jury for
them to decide.
DEFENSE OFFERS NO TESTIMONY
There was a buzz of conversation in
the court room over this decision, ad-
verse to the defense and then the Quay
lawyers got together for a consulta-
ton At the conclusion of this wide
spread talk, Attorney Shields made the
announcement that the defense would
offer no testimony whatever and would
at once proceed to the addresses to the
jury In order to save time, Mr.. Shields
offered to waive the right to make the
opening speech. If the district attor-
ney agreed he said, he would allow the
district attorney to go right on with his
speech and he would follow.
All this was agreeable to the parties
concerned and Mr.. Rothermel at once
started in a calm, quiet manner, his at
tempt to convince the jury that he has
established the guilt of Senator Quay.
ARGUMENT BEGINS.
The district attorney in opening. re-
viewed the charges against Mr.. Quay
and read the law on the subject. The
crime he said was that of conspiracy
and being born in secrecy was there
fore difficult to prove. 1t must invari-
ably be proved by the acts of the con-
spirators as it is almost impossible to
get the statement of one of the con-
spiratorS.
Coming to the relation of Mr.. Quay
politically to State Treasurer Haywood
he indicated that if the state treasurer
Mr.. Quay the interest on $500, 900 from
that these men have entered into a con-
spiracy There might be no direct evil
ience. he continued, but there should be
no doubt that a conspiracy was con-
ceived and carried out.
Mr.. Rothermel read Mr. Quay'S letter
to Cashier Hopkins directing the pur-
chase of 900 shares of Metropolitan
stock. This, he argued, was unlawful,
because the purchase was made with
bank money and no interest was
charged. He showed by the evidence