The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-18
Vas on the Stand All Day and GaVe
Damaging Testimony.
FIGURES TAKEN FROM BANK BOOKS
Show That Senator Quay Had Useo
Money Belonging to The Common
wealth and Borrowed as Much
as $9O0,oO0.

Philadelphia April 17.-Meyer Goldsmith,
the commemorative expert accountant,
was on the stand all day in the trial of
Senator Quay, making statements of fact
that are apparently damaging to the de-
PENDANTS side of the case. Goldsmith is
the main witness for the prosecution, and it
is through him that all of the documen-
tsry evidence is to be presented. This wit
ness has examined the banks books thor
oughly and he came into court this morning
with number of typewriter sheets con-
tanning figures that he gathered from the
various books relating mainly to the de-
posit of the state treasurer and the account
of Senator Quay.
He swore to the correctness of his work
and then the district attorney formally
offered the paper in evidence. This was
objected to by the defense on the grounds
that such paper is not testimony. 1t was
insisted that the books themselves should
be placed before the witness and his state
rnents uttered from what he saw entered
in them.
Decision Favored Defense
The judge decided in favor of the defense
thus giving that side the first piece of COM
fort 1t has experienced since the trial be-
gan Although the defense has apparently
gained this point, the paper was practically
in evidence, Witness Goldsmith using it's
contents in framing his answer to the dis
triot attorneys questions. When the Quay
lawyers objected to this they were met
by the judges explanations that while the
paper could not be used as sworn evidence,
the sworn witness might use it to refresh
his memory. The effect of all this was to
make it certain that the case will now go
to the jury, there having been some doubt
or this.
Just before the close of the days pro-
ceedings there was another ruling by Judge
Biddle in favor of the defense which NAV
have an important bearing on the future of
the case. The statute of limitations has
been pleaded time and again by Senator
Quays lawyers as a bar to much of the
testimony presented by the commonwealth
AS Mr.. Quay was indicted on November
II, 1898, the two years allowed by the salute
for prosecution would extend back only to
November II, 1898.
Statute of Limitation
On this basis Mr.. Watson has frequently
asked Judge Bidde to exclude mention of
the transactions dating back to 1885, when
Mr.. Quay was state treasurer The court
has uniformly held, In effect, that the
statute OF limitations does not affect the
evidence. but does affect the crime.
The district attorney pointed out that he
alleged the defendants guilt during the two
years the law confines him to, and to
prove this the corroborative evidence of
the previous years should certainly be ad-
mitted. Judge Biddle decided against the
commonwealth, and the Quay lawyers were
very happy. He ruled that the evidence
should be confined to the conspiracy AL
legged and should not relate to some other
conspiracy 1t is interesting to note that
there was every indication that the Judge
was inclined to rule against Mr. QUAY.
when Watson w hoe
suasive style, got up and made a little
speech, similar to several he had made dur
ing the day, and begged the court to con-
slider the point that the prosecution had so
far failed to show a specific conspiracy, and
this should be done before 1t went into the
general question of conspiracy The Judge
took this view and ruled accordingly. The
lawyers for the defense claim that the de-
cision practically rules out the figures to
| November II, 1896
Rothcrmel Disappointed
Mr.. Rothermel says its effect will be to
prevent him from introducing much of the
evidence he hoped to present
All day long Mr.. Goldsmith read out fig
ures taken from the bank books. embrace g
the various settlement periods of six
months each, dating back to October 81
1893, showing the amount of the state de-
posit, the amount loaned to Senator Quay
during each six months, the amount of in
terest allowed the state treasurer for that
portion of the state deposit apparently not
set aside for Senator Quay's use, the
amount of interest If any, the senator paid
on his loans, and the amount of money
used to purchase stock for him. The de-
post during the years mentioned ranged
from 81, 200, 900 to $400, ,000 Senator Quays
loans were shown to be as great as $780,
900 in one period of six months. Occasion
ally the witness says smaller and made
ouate payment of interest by Senator Quay
was shown, but generally there was moth
ing to indicate that he paid for the use OF
the banks money.
There is no doubt that nearly all of the
experts deductions of figures were obtain-
ed from the 'red book" of which so much
has been said.