Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-02-27
QUAY TRIAL PUT OFF
The Delay Was Asked by the District
Attorney
WOULD NOT GIVE his REASONS
The Motion Was Opposed by Coun-
sci fer Defendants.
NEW DATE IS APRIL 10

PHILADELPHIA. February 27.-on mo-
ton of District Attorney Rothermel, the
Quay conspiracy trial has been postponed
until April 10. The district attorney did
not state his reason for the motion for the
postponegnent.
Counsel for defendants objected to post
ponement, and stated to the court that
they had summoned witnesses and gone
to considerable trouble to prepare their
case and desired immediate trial.
Judge Beitler, however, granted the mo-
ton of the district attorney for postpone
ment and fixed April 10 as the date for the
trial.
The oft-postponed trial of United States
Senator Matthew S. Quay and his son,
Richard R. Quay, on charges of conspiracy
in the misuse of the funds of the state on
deposit in the Peoples Bank for their own
profit and gain, was begun today before
Judge Better in the court of quarter ses-
sions of Philadelphia county.
Senator and Son Present.
Senator Quay, with his son, entered the
court room promptly at 10 O'Clock, the
hour fixed for the opening of the tr1al' Ac-
companying the defendants were their
counsel, Rufus E. Shapley, A S. L. Shields
ard David T. Watson of Pittsburg. The
l.
those in attendance as it was generally un-
derstood that he had retired from the case
after his argument before the supreme
court to have the trial of the case removed
from the Philadelphia county court. When
questioned on the subject Mr.. Shields stated
that Mr.. Watson was present only to make
argument on any legal points when mlght
arise. Otherwise Mr. Shields and Mr.. Shap-
ley will have full charge OF tie case LOT the
defense.
Joseph NJ. Swearingen of Pittsburg and
tA,1rN Nfar
with the defendants and counsel and took
seats beside them. Among Others present
was ex-Judge Gordon. who was on the
bench during the preliminary hearing of the
case.
Senator Quay and his son sat side by side
at the table occupied by their counsel di-
rectly in front OF the judges bench and
conVersed quietly and smilhngly with the
friends seated close by. The senior sena-
tor of the state looked somewhat careworn,
but otherwise was apparently in good
health He paid close attention to the
opening proceeding, which consisted of toll
ing the talesmen. The roll call showed the
presence of fifty jurors. The remaining
eight had been excused on account of ILL
ness or reasons satisfactory to the court.
After the tally of the jurors had been
completed there was lull in the proceed
ings, and a close whispered consultation
was held by the defendants and their at
torneys. In this conference Messrs Swear
ingen and Gilbert Joined.
Attorneys in Consultation.
District Attorney Rothermel and his
sistants also held a brief consultation. at
the conclusion of which the district attor-
ney rose, and, addressing the court, said
that for reasons which he did not care TO
state at present he desired that the trial
of the Messrs. Quay be postponed. He was
not ready to proceed with the trial now.
He stated further that as the judges of the
court would be engaged for the greater
part of the present month in hearing The
liquor license applications, he would ask
that the date for this trial be fixed for
April 10.
Mr.. Shapley of counsel for the defense
opposed the motion. He said their wit
nesses had been subpoenaed, and every
preparation made to bring the trial to an
Immediate conclusion. Mr. Watson, he said,
had been brought from Pittsburg to aid in
the cause of the defendants, who them
selves were present and anxious for trial.
A postponement at this time, he said, would
cause great Inconvenience, and would be
unfair to his clients. He admitted the priv
ilege of the district attorney to request
postponement but hoped that the court
would direct the trial to proceed at once.
Judge Better, however, announced that
he would grant the motion, inasmuch
the district attorney was not present pre-
pared to proceed He named April 10 as
the date for taking up the case.
Senator Quay Disappointed.
Senator Quay, on leaving the court room,
expressed MS disappointment at the uEeX-
pected deferring of the trial. He declined
to further discuss the matter simply add
ing that he was extremely anxious to have
the case disposed of, and that he had hoped
that it would have been taken up today and
quickly brought to a conclusion.
District Attorney Rothermel, when seen
after the trial, refused to state the reason
for his request for postponement.
Mr.. Shapley said after leaving the court
room that his clients and their counsel We're
fully prepared for the immediate trial of
the case, and were confident of their ability
to dissipate any evidence which might
be presented by the prosecution. There
could be but result, he said, and that
would have been acquittal.
The News at Harrisburg.
HARRISBURG, Pa, February 27.-The
postponement of the trial of Senator Quay
created a sensation among the legislators
and politicians at Harrisburg. Captain
James NJ. Clark, who is in charge at the
Quay headquarters, says it is an outrage
He claims Senator Quay was ready and
anxious to go ahead with the trial, and
that his friends had every assurance that
he would be honorably acquitted. Senator
Meredith of Armstrong, a strong Quay man.
says the postponement means the election
of Senator Quay this week. Senator Nc
Carrell CT Dauphin, another Quayite. is
certain his jury bill will become q law DC
fore the time fixed for the trial
GpGnESJE rOJTRT nEcrSu.ws