The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-21

and transactions explained The dis |
trict attorney laid great stress upon the
fact that the red book" came into eX-
istence in 1891, coincided with the par
agraph of the law creating state bank
examiners, from whom, he argued, Hop
kins would wish to keep his illicit tran
SactonS secret.
He called the jury's attention to the
memorandum paper found in Hopkins
desk. which he claimed indicated inter-
est on call loans appropriated by Hop
kins to pay interest on state funds to
Haywood, and was therefore circum-
stantial proof of the conspiracy.
The district attorney, in concluding,
referred to the resolution of the board
of directors August 3. 1886, authorizing
loan Of 100000 alleged to be Endorsed
by Mr.. Quay, provided a certain letter
could be obtained. He then read the
Haywood letter to President McMannes
of the bank, indicating that 100000 Of
state money would be deposited in the
bank if r. S. Quay was loaned a SINH
lar amount, and that it would not be
removed until the loan was made.
After 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 opin-
ion of the supreme court relative to
the tendency to call experts to testify
to ready-made opinions"
Mr.. Shields dWelt on ex-Judge Cor
don's connection with the prosecution
and denounced his actions in unmeas-
ured terms He argued that the politi-
cal 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 possession. 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 exhbi-
tion of those photographs to democratic
national committeeman and John Wan
amaker as proof positive of the con-
spiracy for the undoing of Senator
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.
Mr.. Shields took up the plum tree
telegram and directed his most wither-
ing sarcasm against the smallness of
minds of the men who would use this
document against public man in view
of the fact that Senator Quay had more
than 100000 of his own money on de-
posit 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 evil
dence that Senator Quay never knew
of 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
exclaimed dramatically that Pennsyl-
vania was compelled to witness the
spectacle of this man being put for
ward ito despoil her escutcheOn and de-
stroy her representative"
Mr.. Shields pointed out that the let
ter written by State Treasurer Hay
wood on July 81, 1896, promising to in
| crease the state deposit if loan was
made to r. S. Quay, was addressed to
| James McManes, president of the Peo-
| pies bank. If this was not a political
conspiracy he asked why was not Nc
| Names arrested months before the per-
| secution of Senator Quay began? He
| likened the political conspiracy against
| Senator Quay to the Dreyfus affair in
| France.
| The lawyer took up the "red book
| and charged that Senator Quay's name
| in the book had been written long after
the other entries were recorded. He
asked if it would he possible that such
an intimate personal friend of Mr.
| Quay as Hopkins was likely to mis-.
spell his name, and do it twice in sue
cession. In both cases Quay was
spelled "Quauay.' This, according tt
| Mr.. Shields, was further evidence OF
the work of somebody implicated in The
conspiracy against Senator Quay.
| Mr. Shields opened the bank ledger
| at the page whereon is recorded the
entry of the loan of 100000 to Senator
| Quay's son. and showed that it was
really loan to State Senator Kennedy
| He charged that the word Quay" was
written long after the transaction, anC
| he passed the book among the jurors
handing them strong magnifyins
| glass with which to demonstrate the
| truth of his charges.
He also charged that the "red book
had been mutilated, and that between
three and six leaves had been torn from
the heart of the volume. Indenton:
| observable under a glass would prove
| this, he claimed.
| Taking up the allegation of the pay
| ment of interest on state deposits anC
the setting aside of $4,000 for Senator
Quay, Mr.. Shields again attacked the
credibilty of Expert Goldsmith, who
| he charged, drew outrageous infer
ences in arbitrarily picking out figure:
to fit his theories. He exclaimed We
| hemently: when we are told figures
will not lie, they can be made to lie b.
a liar
He asked the jury to examine th'
"red book carefully. asserting tha
they would discover that somebody hat
gone through the book hurriedly ant
written in the word Quay wherever
it appeared. Then he directed their at
| tention to the fact that Assistant Cash
| ier Kemble, the prosecutions witness
had stated that he recognized all of th
| handwriting in the book as that o
| Hopkins, except the word Quay"
Mr.. Shields closed at 200 q. m. ant
l II, i tl,,