The Topeka state journal., 1899-04-20

other loans were made to Mr. Quay
without interest. The check of Hopkins
to Treasurer Haywood for 81, ,519 was
discussed.
THE RED BOOK.
s"The red book" he designated as un-
ineligible in its connection with the
other books of the bank. He asserted
that it was the key to the proof of the
charges. He went over entries sworn to
by Myer Goldsmith, his expert, to dis
close the fact that the defendant and
Haywood were paid interest on state
deposits by Cashier Hopkins. The en-
tries in the red book were elucidated to
the jury and their connection with Sen
ator Quays account and transactions
explained. The district attorney laid
great stress upon the fact that the red
book came into existence in 1891, coin
cident with the passage of the law Gre
ating state bank examiners from whom.
he argued, Hopkins would wish to keep
his illicit transactions secret. He called
the jury's attention to the memorandum
found in Hopkins desk which he
claimed indicated interest on call loans
appropriated by Hopkins to share in
terest on state funds to Haywood, and
was therefore further circumstantiaI ev-
idence of the conspiracy.
The district attorney, in concluding.
referred to the resolution of the board
of directors, August 8. 1896, authorizing
a loan of s10O, 900, alleged to be endorsed
by Mr.. Quay, provided a certain letter
could be obtained. He then read the
Haywood letter to President McManes
of the bank stating that 100000 of state
money would be deposited in the bank
if r. D. Quay was loaned a similar
amount and it would not be removed
until the loan was spaid.
ARGUMENT OF DEFENSE.
After a brief recess A. S. Shields be-
gan his argument to the jury. At the
outset he took up the fact that the case
of the prosecution was built on the tes-
timony of experts and quoted an opinion
of the supreme court that the ten
dencV
ready made opinions
This, he declared, was a prophecy
covering the case in remarkable way.
Mr.. Shields dwelt on ex-Judge Gordon's
connection with the prosecution and de-
nounced his actions in unmeasured
terms. He argued that the political
conspiracy against Senator Quay was
begun when Judge Gordon got from the
receiver of the broken bank the books
and letters found in the dead cashiers
private desk and kept them in his pos
session for months. He went over the
improper use made of these documents
in furtherance of his political ambition
and his hatred of Senator Quay.
Mr.. Shields denounced the photo
graphing of the letters and the exhibit
tfon of those photographs to Democra-
tic National Committeeman Guffey and
John Wanamaker, as proof positive of
the conspiracy for the undoing of SEN
ator Quay.
The speaker took up the bill of in
dictment which he said charged the
misuse of public funds and dared any
member of the jury in defiance of his
conscience to render a decision against
the defendant. He turned to the let
ters of Senator Quay to Hopkins, which
he said all explained themselves. They
represented ordinary business transac-
tions and he pointed out that whenever
Quay wrote to Hopkins to buy stock
or make payments on his account, the
books showed that the senator had
ample money in the bank in his own
name to cover the transactions.
PLUM TREE TELEGRAM.
Mr.. Shields took up the plum tree"
telegram and directed his most with
ering sarcasm against the smallness
of the minds of the men who would use
this document against a public man in
view of the fact that Senator Quay had
more than $4,000 of his own money on
deposit and that $4,000 of this was
used as margin in the transaction.
Taking the regular books of the Peo-
pies bank, Mr.. Shields said it was in |
evidence that Senator Quay never knew |
of a line of their contents. He further |
said the prosecutions own expert had
been forced to admit that the books |
contained fictitious figures and ac- |
counts. Mr.. Shields argued that this !
admission destroyed the value of the |
books as testimony against Senator |
Quay. Expert Goldsmith's testimony
was denounced as false. and counsel ex- |
claimed dramatically that Pennsylva- |
mia was compelled to witness the spec
tacle of this man being put forward |
Ito despoiI her escutcheon and destroy
her representative"
GOES TO THE JURY.
The case went to the jury at sos p. |
m. Judge Biddle announced that he |
will remain in call until 6 o'clock to- |
night If the jury have not agreed on |
verdict by that hour they will be |
locked up for the night.