Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-04-12


trial of ex-Seator Quay to-day his law
yers began what is regarded as the all
important contention in their fight for
his acquittal, namely, that the books
of the broken Peoples Bank are not
competent testimony against the ac-
cused and therefore should not be adj
mitted in evidence. On the decision Of
this point rests the entire fabric of the
prosecutors case. Should Judge Bid
die decide the point well taken, the
commonwealth case will necessarily
collapse.
In order to secure the most effective
presentation of this phase of the de-
tense, Mr.. Quay brought to his aid
the skill of David T. Watson, of Pitts
burg, one of the ablest attorneys in
Pennsylvania, and ranking. in fact,
with the best in the country. Mr. Wat
son spoke on the subject Tor nearly
two hours this afternoon and had the
almost breathless attention of a room
filed with the legal lights OF the local
and State bar Many of these lawyers
expressed the opinion that Mr.. Watson
made a very strong argument, what
its effect will be upon the Judge re-
mains to be seen.
The district attorney opened the pro-
ceedings in this phase of the case by
Offering in evidence the books of the
bank extending over number OF years
and along with them the account
books, letter press book and letters
from Senator Quay and State Treas
urer Haywood found. in the desk OF
Cashier Hopkins after that official had
committed suicide. He read long
summary of what the books and papers
showed and stated that he expected
to prove by them, to-wit: that, through
a conspiracy with Cashier Hopkins,
State Treasurer Haywood and other
State Treasures, and possibly other
officials of the bank, Senator Quay
used a certain fixed amount of State
money deposited in the institution, and
received interest on another fixed por-
ton Of the State deposit. Much of the
evidence offered by the district attor-
ney was brought out at the preliminary
aearing on October last. There was
some new matter, however, dealing
principally with the amount of money
loaned by the bank to Mr.. Quay and
during the past twelve or fifteen years
the amount paid to him and other
State treasurers as interest on State
deposits.
Mr.. Watson contended that the mere
fact that bank clerks, with no person
al knowledge of the truth of what they
were writing, entered certain figures in
a book, which figures purported to re-
present interest paid to Senator Quay,
was no proof that the money had been
received by him or that there had been
any intention to pay it to him. This
argument is in line with the defense's
contention that Mr.. Quay was the vic
tim of Hopkins, who used the senator's
name to cover UP his own illegal tran
sactions. Mr.. Watson also attacked
the indictment, declaring it to be fatal
ly defective.
Judge Biddle will probably decide to-
morrow whether the books of the bank
are admissible. If he decides that they
are, Mr.. Quays lawyers will next take
up the memorandum books and letters
belonging to Hopkins and oppose
their consideration as valid testimony.
Previous to the presentation of the
bank books by Mr.. Rothermel, the ex-
animation of Receiver Barlow was con-
cluded and ex-Judge James Gay Cor
don, who. the adherents of Senator
Quay declare, is responsible for what
they term the conspiracy against their
favorite, gave testimony in corrobor-
alton and explanation of Mr.. Barlow's
statement.
Mr.. Barlow created a sensation by the
statement that he had broken open the
dead cashiers desk and taken therefrom
the books and letters appertaining to the
..uay trial at, the behest of mysterious
informant, who spoke to him over the
telephone from Harrisburg, and stated
that there was plot on foot to steal the
compromising documents that night He
was, he said, never able to learn who his
mysterious friend was. The fact was
CLEANED from Mr.. Barlow that the bank
books and letters were practically in the
control of Judge Gordon from April until
September of last year. He considered
this proper. as Judge Gordon was the
confidential adviser of President Mechanics
of the bank.
Judge Gordon gave his testimony in a
quiet, convincing manner. He deprecated
the stories of conspiracy against Senator
..uay that have been persistently put In
circulation. and frankly answered every
question asked regarding the use he made
of the papers while he had them. He .ad-
mitted that they had been photograph
at his suggestion, but merely for purposes
of safety in the event of the originals
being destroyed He also admitted show
Ing them to David Martin. the leadfr of
the anti-Quay faction; to John Wanna
maker a bitter opponent of Senator Quay,
and to others, including a partial Xiii
bition Of letters to James NJ Guffey. lhe
Democratic leader OF this State but hot