The record-union., 1899-04-12
Defendants Counsel Begin Con
tention in the Fight,
On the Decision Of Which Rests the Entire
Fabric Of the Prosecutions Case.
Argue That the Books of the
Broken Peoples Bank Are Not
Competent Testimony Against
the Accused, and Therefore
Should Not be Admitted as Evil
dence.

PHILADELPHIA, April lin the
trial of ex-senator Quay to-day his
lawyers began what is regarded as the
all important contention in their fight
for his acquittal, namely, that the books
of the broken Peoples Bank are not
competent testimony against the ac-
cused man, and, therefore, should not De
admitted in evidence. On the decision
of this point rests the entire fabric Oh
the prosecutions case. Should Judge
Biddle decide the point we'll taken, the
commemorative case will necessarily
collapse.
In order to secure the most effective
presenta ton Of this phase of the de-
fense, Mr.. Quay brought to his aid the
skill of David K. Watson of Pittsburg
one of the ablest attorneys in Pennsyl-
vania, and ranking, in fact, With the
best of the country. Mr.. Watson spoke
on this subject for nearly two hours
this afternoon, and had the almost
breathless attention of a room filled
with the legal lights of the local and
State bar. Many of these lawyers ex-
pressed the opinion that Mr.. Watson
made very strong argument. What
its effect will be upon the Judge re-
mains to be seen.
The District Attorney opened the pro-
ceeding in this phase of the case by Of
fering in evidence the books of the
bank, extending over a number OF
years, and along with them the account
books, letter press book and letters
from Senator Quay and State Treasurer
Haywood found in the desk of Cashier
Hopkins after that official had commit
ted suicide He read a long summary
of what the books and papers showed,
and stated what he expected to prove
by them, to-wit: that through a con-
spiracy with Cashier Hopkins, State
Treasurer Haywood and other State
Treasurers, and possibly other officials
of the bank, Senator Quay used a fixed
amount of State money deposited in the
institution, and received interest on an
other fixed portion of the State deposit
Much of the evidence offered by tn:
District Attorney was brought out at
the preliminary hearing ON October 9Th
last. There was some new matter,
however, dealing principally with the
amount of money loaned by the bank
or fourteen years, the amount paid tC
State deposits.
Mr.. Watson contended that the mere
fact that bank clerks, with no personal
knowledge of the truth of what they
We're writing, entered figures in a book
which figures purported to represent in
terest paid to Senator Quay, was no
proof that the money had been received
by him, or that there had been any
intention to pay it to him.
This argument is III line with the
defense's contention that Mr. Quay was
the victim of Hopkins, who used the
Senator's name to cover up his own IL
legal transactions. Mr.. Watson also
attacked the indictment, declaring it to
be fatally defective.
Judge Biddle will probably decide to-
morrow whether the books of the bank
are admissible. If he declares that they
are, Mr.. Quay's lawyers will next take
up the memoran ndum books and letters
belonging to Hopkins, and oppose their
Introduction as valid testimony.
Previous to the presentation of the
bank books by Mr.. Rothermel, the ex-
animation of Receiver Barlow was con-
cluded, and ex-Judge James Gordon
who the adherents of Senator QUAY de-
clared is responsible for what they
term the conspiracy against their IA
vorite, gave testimony in corroboration
and explained Mr.. Barlow's statement.
Mr. Barlow created a sensation by the
statement that he had broken open tha
dead cashiers desk and taken there
from the books and letters appertaining
to the Quay trial at the behest of a
mysterious informant who spoke to him
over the telephone from Harrisburg and
stated that thers was plot on hand TO
steal the compromising documents that
night He was, he said never able to
learn who his mysterious friend was
The fact was CLEANED from Mr.. Bar
low that the bank books and letters
were 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, convincing manner He depre-
Gated the stories of conspiracy against
Senator Quay that have persistently
been put in circulation, and frankly
answered every question asked regard
ing the usc he made of the papers while
he had them. He admitted that they
had been photographed at his sugges-
ton, but merely for purposes of safety
in the event of the originals being de-
stroyed. He also admitted showing
them to David Martin, the leader of
the anti-Quay faction; to John Wanna
maker, bitter opponent of Senator
Quay, and to others, including a par
tia exhibition of letters to John Nc
Guffey, the Democratic leader of this
State, but not in the manner hinted at
by the defense.
Judge Gordon asked permission of the
Judge to make statement of his con-
nection with the case, but the entire
array of Quay counsel objected instant
ly, and what would have undoubtedly
proven interesting reading was thus
shut off.
BARLOW ON THE STAND.
PHILADELPHIA, April 1.-THE
trial of Ex-senator Quay on charges of
conspiracy began in earnest to-day The
ex-senator was apparently the most
unconcerned person in the court room.
Thomas w. Barlow, receiver of the
bank, who was on the stand at adjourn