The daily morning journal and courier., 1899-04-13
QUAY GAINS AN ADVANTAGE
THE FAMOUS RED HOOK NOT AD-
 MITTED AS EVIDENCE.
Said to Contain Key to oCommOnwealth's Cnse-Has Record of Financial Trans actions Between Quay and Cashier Hopkins fthe Ruined Peoples Bank Found in the Latter's Desk After He Had Killed Himself.
Had Killed Himself.

Had Killed Htmsclf.
 Philadelphia, Pa., April 12.-Senator Quay gained partial advantage in court to-day by the apparent refusal of Judge Riddle, for the present at least, to admit as evidence against him the famous red book" which has figured so prominently in the trial and which is alleged to contain the key to the case of the commonwealth. This book was found in the desk of Cashier Hopkins of the Peoples bank, after the institu- ton had closed its doors and that indi- vidual had taken his own life. Twelve pages are devoted to what the prescott tion charges is Hopkins record of his transactions with money deposited by the state treasurer for the advantage of Senator Quay. It contains entries extending over several years and figures written in it which apparently show the calculation of interest on sums of money approximating the state deposit, less certain deducations for the benefit of Senator Quay, These figures the prosecution alleges were posted" from the red book to the regular ledger of the bank containing Senator Quay's ac- count.
 In passing upon the question of the admissibility of the red book, Judge Riddle said: "It does not strike me that knowledge of the book has been brought home to Senator Quay. It was not found among the books of the bank at all It was found in a drawer, Sot in the orderly shape in which books of a public institution are kept. but crowd ed in with sort of rubbish, and an investigation of the book revealed these figures. I am not satisfied, therefore, that this book has been made compe- tent evidence against Senator Quay"
 This decision was part of an oral opinion by the judge in which he estab- lished the point that the regular books of the bank were admissible as testi- mony. District Attorney Rothermel quickly saw the disadvantage the latter he sprang to his feet to assure the court that he had not argued for the admis- sion of the red book, had not formally offered it in evidence and might not find 1t necessary to make such offer. Judge Riddle replied that he understood the argument of yesterday and this to be on the admission of all the books and papers, but in view of Mr. Rothermel's statement he would withhold his decision on this book until it is offered and the question argued. Counsel for Quay, seeing their advant- age insisted that they had included the red book in their argument against the admission of the books, but the judge dismissed the matter for the pres ent.
 The lawyers for the defense were evil dently disappointed at their failure to secure the exclusion of all the books of the bank and thus practically destroy the case of the prosecution. It has been that Lawyer Watson's pres ence in the case was for the purpose of making the fight against the books. All of the evidence practically against Senator Quay is documentary in the shape of letters and book entries and the attitude of his counsel has clearly indicated a purpose to fight desperate y against the introduction of such ev- dence Their failure in this respect was not complete, however as they have apparently secured the exclusion of the vital evidence contained in the little memorandum book, known for of identification as the fred book" which gains its title from the fact that the computations of interest n it were made in red ink by Hopkins They were unsuccessful in the effort to keep out the letters and telegrams writ en by Senator Quay to Hopkins direct ng him to make certain transactions in stocks There were all made public at he time of Senator Quay's preliminary in October last.
 The letters are in Senator Quay's with one or two excep- ions. All of this afternoon the law yers argued at cross purposes on the manner of the introduction of the bank books The district attorney wanted to lvoid the physical inconvenience of bringing into the court room several wagon loads of ledgers and account books, asking that they be identified in lump and separate books brought in- O court as needed. The defence would lot consent to this and the matter was till under discussion when court ad- burned until tomorrow.