The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-04-12
Able Attorneys Contend They
Should Not Be Admitted.


Announce His DccistOn Today
PHILADELPHIA. April lin the trial
OF ex Senator Quay today his lawyers be.
san what In regarded as the all-important
contention In their fight for his aeauittal.
namely, that tho hooks Of the broken Peo.
pies hank are not competent testimony
against tha accused man, and therefore
should not be admitted In evidence. On tho
decision OF this point rests the entire fab
ric of the prosecutions case. should Judge
Mddie decide the point well taken. the
commemorative case viii necessarily coll
lapse.
In order 70 secure the most effective
presentation OF this phase OF the defense,
Mr.. Quay hrough, TO his aid the skill Of
David X. Watson, OF Pittshurg. one Of the
ahiest attorneys in Pennsylvania. ranking.
in fact. with the bes, OF the country. Mr..
Watson spoke on this subject for neatly
two hours this afternoon. and had the ali
most hreathiess attention OF room flied
with the legal lights OF the local and state
bar Many OF these lawyers expressed tho
opinion tina, Mr.. Watson made a very
strong argument. What its effect viii b
upon the Judge remains to be seen.
Books offered In Evidence.
The dis,ric, attorney opened the pro-
ceedings on this phase Of tho case by Offer
ing In evidence the books Of the hank ex-
tending over number OF years and along
with them the account books. letter press
book and letters from Senator Quay and
State Treasurer Haywood. found In tho
had committed suicide. lie rad long sum-
mary OF what the books and papers show
ed, and stated what he expected to prove
by them. to wit: That through q conspir-
acy with Cashier Hopkins, State Treasurer
Haywood and other state treasurers. and
possibly other officials of the bank, Sena-
tor Quay used fixed amount OF state
money deposited In the institution ana re-
ceived interest on another fixed portion OF
the states deposit.
Mere bookkeeping Not = Proof.
Much Of the evidence offered by the dis
triet attorney was brought out al the pre-
iiminary hearing on October last. There
was some new matter, however. dealing
principally with the amount Of money loan
ed BY the bank TO Mr.. Quay. ard during tho
past twelve or fifteen years the amount
paid to him and other state ;reasurers on
state deposits, Mr. Watson consenied that
the mere fact that hank clerks with no
present knowledge Of the truth az what
they were writing entered certain figures
In a book. which figures purported 10 repre-
sent interest paid to Senator Quay, was
no proof that the money had been received
by him. or that there had been any utrn-
tion 70 pay !; TO him. This argument Is in
line with the defense's contention that Mr..
Quay was the victim OF Hopkins who used
the senator's name 10 cover UP his own H.
legal transactions. Mr.. Watson aixo at
tackled The indictment, declaring II to be
fatally defective.
Bitter Fight Against "Red Hookw
Mr.. Watson also opposed the admission
OF the proposed evidence. II was evident
from his argument that tho defense will
bitterly oppose the consideration OF the
red book and other documents found in
Cashier Hopkins desk as evidence against
the defendant These documents. he said.
were private property and not tho books
OF the bark. He sad that while the in
dlctmen. charged Mr.. Quay with con-
spirney 10 unlawfaily sise the state money
contained In the Peoples bank. there was
absolutely no means OF proving that the
money was the property of tfe state. but
that II was the property of the Peoples
bank. since !t had been legally deposited.
He quoted the charter OF the bank which
gives II the power 20 buy and sell stocks
He quoted authority a distinguished
English jasfss, ard decisions In this conn
try were also quoted He argued that 10
grand Jury tad ever PASSED upon .fe al
legged crime for which M.. Quay was be-
Ing tried. and that the Indictment was
fatally aefect3vs. Mr.. Watson sasa he
ws8id reserve HIS objections 20 the '.red
book" untii IL is formally offered. lie
wished first to await decision on the
question ~ the admiszion Of the main
books.
Mr.. no.hermal stated Ms contention that
the red book" owing 10 the nature Of
It's entries. Is necessarily oEs Of the hooks
Of the hank.
Judge Bia9ie wiil prot9tly decide sonsor-
row whether the hoess - the bank are
admissible Is he a@csarss that they are.
Mr. Quay's lawyers wai nsxs take up the
memorandum nooks and letters bslsnxing
10 Horkins. and oppose their INTRODUCTION
as valid testimony.
Previous 20 he presentation Of the bank
hooks by Mr. Rosherm.I. tas examination
es Receiver Barlow was ccnciustei ard ex<
Judge yamss Gasi0n. wao. tie aGheseats
of senator Quay declare. Is respgns hse for
what sAsy terra the conspra1y against