The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-12
An Important Question Brought Up
In His Case.
JUDGE WILL DECIDE TODAY
THE PEOPLES BANK BOOKS AS
EVIDENCE.
Should the Court Decide That They
Are Not Competent the Case of
the Commonwealth Must Neces-
sarily Collapse-Strong Fight Is
Being Made By Both Sides.


gan what is regarded as the Import
ant contention in their fight for his
acquittal namely, thar the books of the
broken Peoples bank are not compe-
tent testimony against the accused
man, and, therefore, should not be adj
nitted in evidence. On the decision OF
this point rests the entire fabric Of the
prosecutions case. Should Judge Biddle
decide the point well taken, the COM
monwealth's case will necessarily col
lapse.
In order to secure the most effective
presentation of this phase of the de-
tense, Mr.. Quay brought to his aid the
skill of David X. Watson of PittsburS,
one of the ablest attorneys in Pennsyl-
vania, and ranking, in fact, with the
best of the country. Mr.. Watson spoke
on this subject for nearly two hours
this afternoon, and had the almost
breatlliesS attention of room filled
with the legal lights of the local and
state bar. Many of these lawyers eX-
pressed the opinion that Mr.. Watson
made a very strong argument. What
It's effect will be upon the Judge re-
mains TO be seen.
The district attorney opened the pro-
ceedings in this phase of the case by
Offering in evidence the books of the
bank extending over a number of
"
books, letter-press book and letters
from Senator Quay and State Treasurer
Haywood, found in the desk of Cashier
Hopkins, after that official had conf
united suicide. He read long summary
OF what The books and papers showed
and stated what he expected to prove
by them, to-wit:
That through a conspiracy with
Cashier Hopkins, State Treasurer Hay
wood and other state treaSurers. and
possibly other officials of the bank, Sen
ator Quay used a fixed amount of state
money deposited in the institution, and
received interest on another fixed DOR
ton OF the state deposit.
MONEY LOANED TO QUAY.
Much of the evidence offered by the
district attorney was brought out at
the preliminary hearing on Oct. last
There was some new matter. however
dealing principally with the amount Of
money loaned by the bank TO MIR. Quay
and during the past twelve or fourteen
Years, the amount paid to him and
other state treasurers on state depos-
its.
Mr. Watson contended that the mere
fact that bank clerks with no present
knowledge of the truth of what they
were writing entered certain figures il
a book, which figures purported TO rep
resent interest paid to Senator QUAY.
was no proof that the money had been
received by him, or that there had been
any intention to pay it to him. This ar
Sument IS in line with the defenses
contention that Mr.. Quay was the vic
tim of Hopkins, who used the senator
name to cover up his own illegal trans
actions. Mr.. Watson also attacked the
Indictment, declaring it to be fatally
detective.
Judge Biddle will probably decide to-
morrow whether the books of the bank
are admissible. If he declares that
they are, Mr.. Quay's lawyers viii next
take up the memorandum books and
letters belonging to Hopkins and OPP
pose their introduction as valid testi-
mony
Previous TO the presentation of the
bank books by Mr.. Rothermel, the eX-
animation Of Receiver Barlow was con-
Guided. and eX-Judge James Gordon,
who, the adherentS of Senator Quay
declare. is responsible for what they
term the conspiracy against their ia
Norite, gave testimony in confederation
and explained Mr.. Barlows statement
Mr.. Barlow created a. sensation by
the statement that he had broken open
the desk OF the dead cashier and taken
Iherefrom the books ana letters apper-
tanning 10 the OUav trial at the behest
of a mysterious informant. who spoke
TO him over the telephone from Harris
burg and stated that there was d plot
on hand to steal the compromising doc
umenus that night. He WAS, he said,
never able 10 learn who his mysterious
friend was.
The fact was cleaned from Mr.. Bar
low that the bank books and letters
Were practically in the control of Judge
Gordon from April until September of
last year. He considered this proper,
as Judge Gordon was the confidential
4 Of h..
bank.
SHOWED TO QUAY'S ENEMIES.
Judge Gordon gave his testimony in
quiet. convincing manner. He depre-
Gated the stories OF conspiracy against
Senator Quay that have persistently
been put in circulation. and frankly an
swered every question asked regarding |
the use he made of the papers while |
he had them. He admitted that they (
had been photographed at his sugges- |
ton. but merely for purposes Of safety /
IN the event Of The originals being de- /
stroye He also admitted showing |
them TO David Martin, the leader of the |
anti-Quay faction; To John Wananlak- /
er, bitter opponent of Senator Quay, |
and to others, including a partial eX- !
hibitiOn Of letters to James NJ. Guffey /
the Democratic leader of this state, !
but not in the manner limited at by
the defense-for political purposes.
Judge Gordon asked permission of !
the judge to make a statement of his I
connection with the case, but the en-
tire array of Quay counsel objected in ,
stantly. and what would have I'M
doubtedly proven interesting reading 1
was thus shut off.
At this juncture the district attorney
offered the FIRST Of the famous letters |.
in evidence.
Mr. ShapIey stated that it was the
purpose of the defense .tc make siren /
uous objections 70 the admission of !
the letters; that argument of some /
length would be made by Mr.. Watson. !
He suggested a recess, which was |
taken.
Upon court reconvening the district |
attorney offered in evidence the letters /
would supplement and prove them by |
books of the bank, which he would |
subsequently offer in evidence.
The defense opposed the admission of |
the letters, kilograms and books on the |
ground that they are not proper tes
timony, and Mr. ROtheIInel in support !
of his position, read a long statement |
in which he went over the testimony, |
produced at the preliminary hearing in |
October last and in addition some new
figures not hitherto produced. He as
serted he proposed to follow the letters
with proof from books of the bank.
OFFICERS DRAW INTEREST.
Part Of the new matter was the state
ment THAI the bank books show that |
from May /. 1856. to Oct 81. 1897, NJ. s. !
Quay borrowed from the Peoples bank |
Sl,906, I03, on which he paid 81 as 90 in
terest. The books also show that Henry
X. Boyer, while state treasurer, re-
ceived in interest on state deposits, $751;
236.T Treasurer Morrison got $5,207 in
feleS- and HAYWOOD 81 51q