The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-04-18
QUAY MEN DO BETTER
JUDGE RIDDLE MAKES TWO RUL-
INGS THAT FAVOR THE DEFEND
ANT, AND IRE IMPORTANT
FIGURES FROM THE RED BOOK
Cxuert Goldsmith Reads Great Vol
urees of Them, While the Court
and Attorneys Listen Without In
tcrrupting - Attorneys for Mr..
Quay VIII Except to All Testi-
r,0ny OF That Sort.


r.0ny OF That Sort.
April 17.--Meyer Gold
smith. the commemorative expert ac-
ccuntant, was on the stand all day in
the trial of Senator Quay, making state
ments of the fact that are apparently
damaging to the defendants side of the
case Goldsmith Is the main witness for
the prosecution, and 1t is through him
that all the documentary evidence is to
be presented. This evidence has examined
the banks books thoroughly, and he came
into court this morning with a number
of typewriter sheets containing figures
that he gathered from the various books,
relating mainly to the deposit of the
state treasurer and the account of Sena-
tor 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 ground
that the books themselves should be
placed before the witness and his state
ments made from what he saw in them.
The Judge decided in favor Of the de-
fense thus giving that side the first
piece of comfort IT has secured since the
trial began.
Although the defense gained this point,
the paper was practically in evidence.
Witness Goldsmith using It's contents in
framing his answers TO the district at
torneys questions. When the Quay
leaders objected TO this, they were met
by the judges explanation that while the
paper could not be used as sworn evil
dence, the witness might use it to refresh
his memory. One effect of all this was
to make 1t certain that the case Will now
go to the jury, there having been some
doubt upon this point up to the decision
TO admit all that Goldsmith might have
to say.
Just before the close of the days pro-
ceedings there was another ruling by
Judge Biddle in favor of the defense,
which may have an important bearing on
the future of the case. The statute of
limitations had been pleaded, time and
time again, by Senator Quay's lawyers,
as a bar to much of the testimony pre-
sented by the commonwealth. AS Mr..
Quay was indicted on Nov. II, 1868, the
two years allowed by the statute for
prosecution would extend back only to
Nov. II, 1896. On this basis Mr. Watson
has frequently urged Judge Biddie to ex-
clude mention of transactions dating
back to 1886, when Mr.. Quay was state
treasurer. The court has uniformly held
In effect that the statute of limitation
does not affect the evidence but does
affect the crime. The district attorney
pointed out that he alleges the defendants
guilt during the two years the law con-
fines him to, and to corroborate this the
transactions of previous years should be
admitted. Judge Biddle decided against
the commonwealth, and the Quay lawyers
were very happy. He ruled that the evil
dence should be confined 10 the conspir-
a md NOT rail- TO
conspiracy.
MIR. wATSON'S sUAvITY.
1t is interesting to note that there was
every indication that the Judge was in
clined to rule against Mr.. Quay, when
Mr.. Watson, who has a suave persua-
slVe style, got in another little speech,
similar to several he had made during
the day, begged the court to consider
the point that the prosecution has so
Tar failed to show a specific conspiracy
and this should be done before it went
into the general question Of conspiracy.
The Judge took this view and ruled ac-
cordingly. The lawyers for the defense
fiitim that the decision practically rules
Out the figures prior to Nov II, 1886 Mr..
Rothermel says its effect will be to pre-
vent him from introducing much of the
evidence he hoped to present
All day long Mr.. Goldsmith read out
bracing the various settlement periods
OF six months each, dating back to Oct
oil, lNS5, showing the amount of the state
deposit, the amount loaned to Senator
Quay during each six months. the
amount of interest allowed the state
treasurer for that portion of the state
deposit apparently not set aside for Sen
ator Quay's use. the amount of interest.
II any, the senator paid on his loans. and
the amount of money used to purchase
stock for him. The deposit during the
years mentioned ranged from 81 200, 0u9
TO $780, 00. Senator Quay's loans were
shown to be as great as 1886. coo In one
period of the six months. Occa sionaIly
the witness said. smaller and inadequate
payment of interest by Senator Quay was
shown, but generally there was nothing
to indicate that he paid for the use of
the banks money.
While all the figures were going in
counsel for Senator Quay sat silent and
moionless, listening to the monotonous
routine of question and answer This
was in pursuance of an understanding
that the defense objected to every an
SWer, that the objection was oyerruled
and an exception noted. This is for fll-
ture use in higher court, IL necessary
once Mr.. Shields felt constrained to enter
an earnest protest against a witness be-
ing permitted to place a mans liberty in
JEOPARDY by making such monstrous
statements, based merely on conjecture
There is no doubt that nearly all Of
the experts deductions and figures were
obtained from the red book" about
which so much has been said, and against
the Introduction of which the Quay coUn-
sci made such vehement, but unavailing
objection.