The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-04-13
A POINT FOR Mr. QUAY.
''Red Book" May Be Excluded as
Evidence in His Trial.
BANKS BOOKS TO BE ADMITTED,

As Well as the Letters and kilograms
Written by the Ex-senator to Cashier
Hopkins, who subsequently, Com
mitted Suicide.
Philadelphia, April Ex-senator
Quay gained a partial advantage in
court yesterday by the apparent re-
fusal of Judge Biddle, for the present
at least, to admit as evidence against
him the famous "red book" which has
figured so prominently in the trial and
which Is alleged to contain the key to
the case Of the commonwealth. This
book was found in the desk of Cashier
Hopkins, of the Peoples bank after
the institution had closed its doors and
that individual had taken his own life.
It is an ordinary day book, about IL
inches long and eight inches wide, with
about 200 pages. Twelve pages are de-
voted to what the prosecution charges
is Hopkins record of his transactions
in money deposited by The state treas
urer for the advantalx of Senator
Quay. It contains entries extending
over several years, and figures are
written in it which apparently show
the calculation of interest on sums OF
money approXimating the state de-
post, less certain deductions. for the
benefit of Senator Quay. These fig-
ures, the prosecution alleges, were
posted from the red book to the
regular ledger of the bank containing
Senator Quays account. In passing
upon the question Of the admissibility
of the red book Judge Biddle said:
at does not strike me that knowl-
edge of the book has been brought
home to Senator Quay. 1t was not
found among the books of the bank at
all. It was found n, a drawer, not in
the orderly shape in which books CT a
public Institution are kept, but crowd
ed in with lot of rubbish, and an
investigation of that book revealed
these figures. I am not satisfied, there
fore, that this book has been made
competent evidence against Senator
Quay"
This decision was part of an oral
opinion by the judge, in which he es-
tablished the point that the regular
books of the bank were admissible as
testimony. District Attorney Rother.
mel quickly saw the disadvantage the
latter part of the opinion placed him
in, and he sprang to his feet to assure
the court that he had not argued for
the admission OF the red book, had not
formally offered it in evidence and
might not find it necessary to make
such offer. Judge Biddie replied that
l. ba ,,,cr, RI no
on the admission of all the books and
papers, but in view of Mr.. Rothermel's
statement he would withhold his de-
cision on this book until it is regularly
offered and the question argued. Coun-
sci for Mr.. Quay insisted that they
had included the red book IN their ar
gument against the admission of the
books. but the judge dismissed the
matter for the present.
The lawyers for the defense were
evidently disappointed at their failure
to secure the exclusion of the books
of the bank, and thus practically de-
stroy the case of the prosecution.
The defense was unsuccessful in the
effort to keep out the letters and tele-
grams written by Senator Quay TO
Hopkins directing him to make GER
tain transactions in stocks. These
were all made public at the time of
Senator Quay's preliminary hearing in
October last.
All of the afternoon the lawyers ar
gued on the manner of the introduce
ton Of the bank books. The district
attorney wanted to avoid the physical
inconvenience of bringing into the
court room several wagon loads Of
ledeers and account books, asking that
they be identified In lump and sepa-
rate books brought into urt as need.
ed. The defense woul OF consent to
this, and the matter '. still under
disc ussion when court adjourned.