The times., 1899-04-13
ADMITS IN EVIDENCE
BOOKS OF THE BANK
Judge Biddle Makes a Ruling
Adverse to Quay.
Conspiracy Against the Boss Charg-
ed by the Defence.
Ti.e Red BOOK and Its Importance
The Fight Against It's Introduce
tion-Nhat IL Contains.

Philadelphia April 12.-Former Senator
Matthew S. Quay and his son lost a point
today in their trial on a charge of conspir-
acy TO use unlawfuily funds of the Com
monwealth deposited in the Peoples Bank
Judge Biddle ruled that the hooks of the
bank and certain papers found in Hopkins
desk should be admitted in evidence. The
entire trial practically hinged upon this
decision. TIE State depended on these
books and papers to uphold its contention
that Quay had used the Commonwealth
money. Judge Biddle did not rule that
all the books should be admitted outright,
but said he would pass on the admissibility
of various records from time to time, as
they came up. The defence took exception
10 the Courts decision.
The trial had not progressed very far
when court opened today in spite of the
fact that a jury had been chosen in short
order and that the prosecution had opened
its case on Monday. Three witnesses for
the people had been on the stand who
had done little more than identify books
and papers found on March 49, 1898. in
the desk OF John Hopkins. cashier of the
wrecked Peoples Bank Two of these wit
nesses. Thomas ". Barlow. receiver of
the Peoples Bank, and James Gay Gordon,
former judge Of the Court OF Common
Pleas. also testified that the books and
papers taken from Hopkins desk were in
the same condition as when they were
found ever a year ago. This testimony, it
is contended. destroys any chance for the
defence to attack the documents in evil
dence on the ground that they had feen
tampered with before the charges were
brought against the Quays and others.
BY cross-examination, counsel for the de-
fence ELECTED the statement that while
the letters. papers, and books had been IN
the custody of former Judge Gordon they
had been shown to David Martin, John
wanamaker, Col. James VI. Guffey, and
Henry C Mccormick. former Attorney
General of the State. The defence holds
that this testimony bears out the con-
tention that the charges against Quay
were instigsted by his political enemies.
as all OF the men to whom the books ana
papers were shown have been the leaders
in the political fight against Quay.
Fighting Admission of Quay's Letters
The third day of the trial found pitch
ed battle on between opposing counsel as
TO the admissibility of the documents by
which the prosecution expects to prove
the case. After Albert L. Taber. assist
ant TO Receiver Barlow, had Identified yes
terday FIVE letters found in Hopkins desk
and said TO be signed by NJ. S. Quay, Dis
trict Attorney Rothermel offered one OF
the letters in evidence. The defence i'm
mediately objected to the introduction OF
the letter. The District Attorney then read
a long paper in which he practically out
lined the case Of the prosecution, and
stated in general terms what he proposed
to offer In evidence.
Following the District Attorney, David
Of al for OtIou at
length against the admissibility in evidence
OF the books and papers identified. Mr..
Watson's argument, in brief was that the
money alleged to have been used was not
the money of the State, but belonged TO
the bank; that the books and papers were
inadmissible because they were the declara-
lions OF a third person, not under oath, and
made without Quay's knowledge; and that
much of the proposed evidence, because
IL was dated more than two years back OF
the time when the charges were brought
against Quay. was barred by the statutes
OF limitations. Finally argued Mr.. Watson,
the entries in the books. admitting that
they were original. did not show evidence
OF conspiracy. Here, the defence said,
the argument against the admission of evi
dence would end for the time. II Judge
Biddle decided for the admission of the
books and papers, counsel for the defence
stated that they were prepared to argue
in detail against certain proposed eyi-
dence.
AS The issue which Quay's lawyers had
made involved practically the whole case.
there was intense interest today in the
reply which the District Attorney would
make 10 Mr.. Watson. Court closed last
night with the announcement by Mr.. Roth
ermel that he would make such a reply
today. and IL was said in the court room
this morning before the proceedings had
begun that the whole day was pretty sure
TO be given over to argument, and that no
witnesses would be called and no books
or papers offered in evidence. To what
ever Mr. Rothermel might say the defence
was likely 10 make reply. snd after that
Judge Bddle might take several hours TO
make his decision In the mean time the
case could not go on
Quay Is ImperfurbnbIe.
Assistant District Attorney Finletter was
the first Of the persons engaged in the
trial to appear in court He came in at
e:45 O'Clock, and was followed shortly
afterward by Sir. Quay and his son Rich
ard r Quay. Mr.. Quay's face was as i'm
passive and expressioniess as it has been
ever since the trial began. He is imper-
turbable. and has shown moi animation at
any stage OF the proceedings He has
rarely taken apparent interest enough to
say anything to his counsel. with whom
his conferences in the court room are few
and far between. He is evidently not in
good health. for his step is slow and his
bearing listless, while his face shows lines
Of wear almost indicating pain. His son
is alert and frequently makes a suggestion
to the counsel for the defence. The other
participants in the case were on hand
before 10 O'Clock, at which hour court
opened, with former Chief Justice Paxson
of the State Supreme Court, sitting on the
bench with Judge Biddle.
Immediately after the opening OF the
court the District Attorney rose 10 make
his reply to the argumen; of the defence.
Mr.. Rothermei began by declaring that
circumstantial evidence was admissible to
prove conspiracy. as 1t was in a capital
crime. and that cireumstanfial evidence
The foods we eat furnish