The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-21

By Lawyers-Verdict Probably
This Morning.
Philadelphia, Pa, April 20.-The case
of ex-United States Senator Quay was
placed in the hands of the jury prompt
~ at o'clock this afternoon, and no
verdict being reached by 10 o'clock at
night, the jury ,was locked up until
morning.
There was no intimation other than
mere rumor as to the attitude of the
jury. The generally expressed opinion
of those who have followed the trial
since its beginning on Monday of last
week is that the verdict viii be an ac-
quittal Many. however look tor a
disagreement. There are but few Who
express the belief that a verdict CT
guilty will be given.
TOday'S proceedings were confined en-
tirely to argument and speeches by
counsel, the defense deciding to pre-
sent no testimony. Mr.. Watson began
the day by requesting that the case De
withdrawn from the jury and a verdict
of not guilty rendered. He commended
failed to make out a case against MI
Quay.
Judge Biddle determined that tie is
sues We're those for jury TO decide,
and he ruled that it be gone through
in the usual way. Mr. Shields here an
nounced the defense's intention to take
no testimony, and under the rules of
the court he thus obtained the Drivi-
lege of making but one, the last speech
to the jury.
The district attorney, in opening, re-
viewed the charges against mir. 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 inVar-
iably be proved by the acts of the con-
spirators, as it is almost Impossible 10
get the statement of the conspirators.
Coming to the relation of Mr.. QUAY
politically to State Treasurer Haywood,
he indicated that if the state treasurer
received interest from the cashier and
Mr.. Quay the interest on $200,000 from
the cashier the natural Inference is
that these men have entered into
conspiracy. There might be no direct
evidence, he continued, but there
should be no doubt that a conspiracy
was conceived and carried out.
How Money Was Borrowed.
MI Rother1nel 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 that the
state deposit due the six months end
ing Oct. 81, 1897, ranged from 1925, 600 to
$500. 900, and that other loans were
made to Mr. Quay without interest.
The check of Hopkins to Treasurer
Haywood for S1,519 was discussed. Mr..
said the banks books show
ed this amount was the interest on
state funds. less 20 per cent for the
bank and less interest on $2OO,OOO Tor
the use Of Mr.. Quay.
The red book he designated as un
in itself, but connected with
the ether books Of the bank, he assert
ed that it was the key to the proof of
the charges He went over certain en-
tries testified TO by Meyer Goldsmith,
his expert, TO disclose the fact that the
defendant and Haywood were paid IN
terest on state deposits by Cashier
Hopkins. The entries in the red book
were elucidated to the jury, and their
with Senator Quay's ac- /
count and transactions explained.
The district attorney laid great stress /
upon the fact that the red book came I.
into existence in 1891, cOincident with
the paragraph of the law creating state /
bank examiners, from whom, he ar
yued Hopkins would wish to keep his /!
Illicit transactions secret.
The district attorney, in concluding, |
'eferred to the resolution of the board /
If directors Aug Il, 1896, authorizing a |
can of 100000, alleged to be endorsed |
~ Mr.. Quay provided a certain letter
puld DE obtained. He then read the (
haywood letter TO President McMane |
# the bank. indicating that 100000 of /
late money would be deposited in the 4
lank if K. r. Quay was loaned a sim
lar amount. and that it would not be
'emoved until the loan was made.
Arguments For Defense
After a brief recess, A. s. Shields be
,an his argument to the jury. AT the
Dutset he took up the fact that the
-ase of the prosecution was built on
he testimony of experts. and quoted an
pinton Of the supreme court that the
endency to call experts to testify to
eady made opinions" This, he de-
Jared, was a prophecy covering the
.ase in remarkable way.
Mr.. Shields dwet on ex-Judge Cor
Ions connection with the prosecution,
md denounced his actions in measured
erms He argued that the political
conspiracy against Senator Quay IVES
jegun when Judge Gordon got from
he receiver of the broken bank the
looks and letters found in the dead
ashier's private desk, and kept them in
lis possession for months He went
Yer the improper use made of these
ocuments in furtherance of his poiit-
cal ambition and his hatred of Senator
quay
Mr. Shields denounced the photo
raphing of the letters and the exhibit
ion of those photographs to Demo-
ratio National Committeeman Guffeyl
nd John Wanamaker as proof posi-
i've of the conspiracy for the undoing
f Senator Quay.
The speaker took up the bill of in
ictment, which, he said charged the
Misuse Of public funds and dared any
lember of the jury, in defiance of his
onscience. to render a decision against
he defendant. He turned to the let
Ars of Senator Quay to Hopkins which.
e said. all explained themselves. They
epresented ordinary business transac-
ions, and he pointed out that when
YER Quay wrote to HOPKINS to buy
tock or make payments on his ac-
cunt the books showed that the SEN
tor had ample money in the bank in
is own name to cover the transac-
onsl
The "Plum Tree" Telegram.
Mr.. Shields took up the plum tree"
elegram, and directed his most with
ring sarcasm against the snallness of
linds of the men who would use this
comment against a Oubiic man in