Omaha daily bee., 1899-04-11
OUAY'S CASE GOES ON TRIAL
Long Deferred Hearing Of Ex-senator and
His Son is Begun,
FORMIDABLE ARRAY OF STATES WITNESSES
Charge of Conspiracy to PcrNcri
Funds of Peoples Bank Is Taken
Up and Several Jurors
Are Obtained.

PHILADELPHIA. April lO.-Ex United
states Senator Matthew S. Quay and his
son, Richard X. Quay. were called to the
bar OF the court Of quarter sessions today
and after many months OF veNatious delay
the trial of the two defendants was begun.
There was an entire absence OF any crowd
either outside or within the court room.
Special cards OF admission permitting only
those directly interested in the case, wit
nesses. jurors and newspaper men, had
been issued by the district attorney and
counsel for the defense. Even members OF
the bar who are not in the case were with
held admission. As a result OF these ar
rangements the court room was but little
more than half filled and the greater por-
ton Of those present were witnesses
Judge Craig Biddle, one of the oldest and
most respected members on the bench, was
the trial judge.
District Attorney Rothermel, after two
hours had been spent in selecting jury,
elected to try ex-senator Quay first on that
one of the indictments in which he and his
son are variously named, which charges Mr.
Quay and the late ex-State Treasurer Ben
jamin H. Haywood with conspiracy in using
the state funds for their own personal
benefit and profit and in manner unauthor
lied by law.
This action practically leaves the ex-sen-
ator alone on trial. Beyond the selection OF
a jury and the examination of one witness
Thomas II. Barlow, receiver of the Peoples
bank nothing was done today.
The jury was secured after thirty-fve
talesmen had been examined, fourteen OF
whom were stood aside by the district attor-
ney, one excused and one challenged for
cause. The latter was Talcott Williams
one of the editors of the Press of this
,i+ ,,bir ic rp1iti0a1l,, tn Mr.
Quay. The defense then exhausted it's priv
iege of four peremptory challenges and
the commonwealth took advantage of but
three of the challenges.
Clash over First Witness.
The only witness examined today, Mr.
Barlow, led to the first clash between coun-
sci and apparently indicated that a de-
termined legal battle, replete with knotty
points OF law, would be fought in the trial
Of the case. The district attorney called
Mr.. Barlow to identify books and papers
found by him when he assumed the re-
ceivership.
Mr. Shapley of counsel for the defense
undertook to cross examine the witness with
respect to his knowledge of whether certain
books, which the defense, it is understood
claims are missing are included in those
testified TO by the witness This was OBJ
jected to and after repeated consultations
among the counsel for the defense and sew
eral other efforts to obtain an answer to
the question in another form it was aban-
doned and Mr. Shapley said he would begin
his cross examination in the morning.
Promptly at 10 o'clock Judge Biddle took
his. seat on the bench. Judge Mesterzat of
Fayette county occupied seat beside him,
merely as a spectator, however. Neither the
district attorney his assistants tho do
PENDANTS and their counsel were present at
that hour. Within a minute, however, the
latter entered. Lawyer A. S. L. Childs came
first, followed by ex-senator Quay and Rich
ard R. Quay. Directly following them came
Senator Boies Penrose, who took a seat in
the space reserved for newspaper men. He
was followed by the remainder of the Quays'
counsel, R. f. Shapley d. T Watson and
j. NJ. Swearingen, the last two from Pitts
burg. District Attorney Rothermel and his
assistants, Messrs. Finletter Clement and
Scott, followed almost Immediately Counsel
for the senator and his son took seats along
side each other, directly facing Judge
Biddle.
Mr.. Quay, quiet calm and with impassive
features. sat behind Mr.. Shields and to the
eX-senator's left sat his son, Richard. Mr.
Quay held a brief conversation with Mr.
Shields and then settling back in his seat
leaned his elbow on a table by his side and
from time to time glanced about the room
His son talked with no one and confined
his attention to observing counsel arranging
the papers in the case. About twenty min
utes were occupied in the calling of the
names Of the panel of jurors and the wit
nesses in the case, during which Judges Bid
die and Mesterzat conversed with each other
buzz OF whispered conversation went
around the court room when eX-Judge James
Gorden and Former District Attorney Gra-
ham, both of whom have been active in the
prosecution of Senator Quay and subpoenaed
as witnesses, entered and occupied seats
within the enclosure reserved for the pres
ent district attorney and court officers.
Many Witnesses for State.
There was long list of witnesses for the
prosecution, including Thomas w Barlow,
receiver of the broken Peoples bank; State
Treasurer Beacon, ex-State Treasurer
Henry X. Boyer who is now director OF
the republican machine in this city, who
was president Of the Peoples bank; George
A. Huhn the leading stock broker of the
city, through whom Mr. Quay transacted
much of his business; David II. Lane, the
local republican leader; Richard f. Loper,
who was general manager of the assigned
Guarantor's Trust company, through whIcn
the Peoples bank lest upwards OF $500, 900;
william Montgomery, cashier of the Alle-
gheny National Bank Of Pitt5burg Allen b.
Rorke of Philadelphia, who is building the
state capitol; Charles II. Mckee OF Pitts
burg, EX-Lieutenant Governor Lyons law
partner; Kent Kemble, an officer of the
Peoples bank, Teller Tabor OF the same
bank, all OF the experts who have examined
the books Of the bank and many others, IN
all more than fifty.
The first Juror called was Francis ]. Hill.
a painter. He and Adolph ID. Vandeventer
cutter, were accepted. John w. McClen-
nand, signal inspector was the first who had
formed an opinion, but said 1t could be
changed If the evidence was sufficient. Hell
was accepted. William femme paperI
hanger John j. Mclaughlin, horseshoer;
James Berens, harnessmaker, and James +.
Creery. engineer. were accepted
Tacott Williams, one Of the editors ofI
the Philadelphia Press, said he knew both
the Quays and had formed an opinion, but
he felt able to try the case according to the i
evidence. Mr.. Shields for the defense cross
examined Mr.. Williams admitted that he
had written editorials severely denounclng
the defendants and had participated in edi-
torial councils at which the anti Quay policy
OF the paper was discussed and outlined
Editor Found Incompetent.
The questioning led to a discussion OF the |