The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-13

Cashier Hopkins and were therefore
practically made by him from figures
entered by Hopkins in the red book"
Hopkins acted, Mr.. Rothermel said. vir-
tually under the direction and control
of Senator Quay and the books of the
bank therefore become for the purpose
of proof of conspiracy the books of
Quay himself. When the district attor-
ney concluded, Judge Bddle asked:
Mr.. Quay was a depositor in the
bank, was he not?"
Yes, sir, but these transactions are
entirely outside of his deposits
Mr.. Watson of Mr. Quay's counsel re-
piled briefly to the district attorneys
argument in the main. reiterating his
propositions of yesterday. Books fol-
lowed by the evidence of individuals,
Mr. Watson admitted. are allowable as
evidence. but books in themselves are
not proper testimony. If money was
paid by any man to Quay, put the man
on the stand and let him say so, but
the acts and declarations of third par
ties must be debarred. If Hopkins was
guilty, try him and convict him, but
dontt try Quay and convict him for
Hopkins crime.
The testimony of a co-conspirator is
necessary. he contended to convict a
man of the charge of conspiracy. Books
are not co-conspirators. All the entries,
! he said, constitute evidence of what
| Hopkins did. not what Quay did. Proof
of conspiracy between the
| various state treasurers from 1886 to
1898 and Hopkins was not proof Of
| crime committed by Quay and could not
be urged as such.
Judge Biddle. in his opinion. said
that the commonwealth had the right
to deposit money in bank and that It
! then ceases to be money of the COM
monwealth and the bank may loan it to
whom it pleases.
"If that was the case" he continued,
no crime has been committed. IT," he
said, the commonwealth can show
that Mr.. Quay. from his political in
f1uence, was able to induce the COM
monwealth to make a deposit in the
Peoples bank under the condition that
it'was deposit made to allow him to
use as collateral and to receive interest
on 1t. then it is different matter. To
use phrase, it was deposit with a
string tied to it
In regard to the admission of the
books of bank it is true that no bank
| can make person a debtor simply by
entering amounts in the banks books.
On the other hand he continued. sup
pose man is a depositor in bank
and the records of this bank book
shows he is credited with certain mon
ey, and draws checks against it, and
all the money is not his, that also
makes a difference.
Criminal offenses," the judge said
'are not committed so as to be patent
to any mere passer-by. There is al
ways Concealment. The question is
whether these books show all that the
commonwealth proposes to prove The
commonwealth, however, has clearly
the right to show the true nature of
this deposit, and I think the books of
the bank are admissible.
tlNr ,,I- l,-t Ns,-
| different position. 1t was not found
| among the other books of the bank,
but was in Hopkins private desk. am
not satisfied it is competent" Here the
district attorney interrupted the court
to state that he had not argued on the
question of the red book in particular
but on the banks books generally
Judge Biddle said he had been under
the impression the commonwealth was
discussing the question, but If counsel
preferred the matter could be argued
| when the occasion arises. This will
| probably be when the book is offered
| in evidence.
Counsel for Quay filed an exception to
| the ruling of the court on the admitted
documents.
Albert L. Tabor. the receiving teller
of the bank. was recalled for the pur-
pose of Identifying the entries in the
bank book. The apparent hopeessness
of reaching the end of the testimony of
this sort led both judge and counsel
again to make an effort to adjust mat
ters. After half an hours discussion
the district attorney suggested an ad-
journment until tomorrow. In the
meantime. he said, he would confer
with the counsel for the defense, and
both sides would come prepared to go
ahead on some definite plan Court
then adjourned at 2:40 o'clock until 10
a. m. tomorrow.