Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-15
Prosecution Gets Its Books
Admitted.
THERE ARE THREE OF THEM
Judge Diddle Relied on the Word OF
an Expert--The Defendant
Showed no Emotion

Philadelphia, April 15.-In the Quay
trial Mr. Goldsmith again took the wit
ness stand this morning and as an 1ndl-
cation of the purpose of opposing counsel
to contest every question which might
bring the contents of the red book be
| fore the jury before it's admissibilty has
! finally been determined, the first question
| by the district attorney was objected to
and after a spirited argument the defense
scored a point.
! The question was "what period of time
! is represented in the calculations in the
! ''red book"
The district attorney indicated he pro-
! posed to show that the calculations were
! at intervals of six months, each date be-
! ing a regular settlement day of the bank.
! Goldsmith was stood aside for the pres
| ent
The district attorney then offered in
evidence a check for 81 ,529 signed by Hop
| kins, cashier. to his own order and en-
dorsed by Hopkins and Haywood. This
| led to a rigorous objection by the defense
! which the court ovcrruled.
| In so doing Judge Biddle spoke at
length to Quay's counsel on the number
of useless objections made on the basis
that the offered evidence did not mention
Quay He said it was not question OF
Quay alone but of conspiracy and if the
| evidence did not implcate Quay no harm
| could be done.
| Turning to the court Mr.. ROthermel
said: And now, your honor, offer in
| evidence the book known as the red book
,f+ 1f ha ho nix -
Quay's counsel Immediately objected on
/ the ground that it was not book of the
bank, was not found among the books of
the bank, is not PACED and kept in the
| style of a bank book. that in no instances
| are entries contemporaneous, that 1T is
not we'll kept. that entries are irregular
| and contain errors and that the admis-
sion of the book would violate all rules Of
| evidence.
| Judge Biddie in admitting the ''red
| book said:
"When the question originally arose in
| this case in reference to this particular
| book I did not think the district attorney
| had sufficiently established the proof that
it was a bank book. It seems to me that
an expert could tell better than any one
| else what books are necessary to carry
| out the system in vogue at that bank. He
made the statement that entries formerly
made in the ledger We're now found in this
| book. The gentleman who kept this book
was the cashier and to use the words of
the cashier he was the whole bank An
expert swears positively that it is a book
of the bank and under those circum-
stances it is admitted, as he knows more
about it than l do
During the announcement of the de-
cision every eye was turned in the direc-
tion of Quay. He sat quietly and gave
no indication of what impression the de-
cision had made upon him.
Goldsmith was recalled to testify that
the "black book found in Hopkins desk
is a book of the bank The commonwealth
alleges this book shows transac tons in
volving the purchase and sale of stock in
which the defendant was interested. The
same objections which We're made to the
testimony of witnesses in the case of the
red book Were again made by the de-
fense and oyerrued. The book was then
offered in evidence and formal objections
made and overruled.
The blue book was next testified to
and was admitted against the same OBJ
jectons as to the other two books. The
court then adjourned until Monday.