The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-04-18
QUAYS LEGAL BATTLE
Expert Goldsmith Puts in Another
Day Answering Questions.
THE CASE WILL REACH THE JURY

The Admission OF Goldsmtth's Evil
dence settles That Point-The EN-
Senator's Lawyers Serve Notice or
Objection to Every Answer.
Philadelphia, April 1s-Meyer Gold
smith, the commonwealth expert ac-
countant, was on the stand all day
yesterday in the trial OF Senator Quay,
making statements Of fact that are ap-
parently damaging to the defendants
side Of the case. Goldsmith Is the
main witness for the prosecution and
it is through him that all of the docu-
mentary evidence is to be presented.
This witness has examined the banks
books thoroughly and he came into
court yesterday with a number of
typewritten sheets containing figures
that he gathered from the various
books, relating mainly to the deposit
Of the state treasurer and the account
of Senator Quay He swore to the cor
rectness of his work and then the dis
trict attorney formally offered the paper
in evidence. This was objected to by
the defense on the ground that such
a paper is not testimony. It was in
sisted that the books themselves should
be placed before the witness and his
statements uttered from what he saw
entered in them. The Judge decided in
favor of the defense.
Although the defense apparently
gained this point, the paper was prac-
tically in evidence, witness Goldsmith
using its contents in framing his an
sweTs to the district attorneys Ques-
tions. When the Quay lawyers OBJ
jected to this they we're met by the
judges explanation that while the
paper could not be used as sworn evil
dence, the witness might use it to re-
fresh his memory. One effect of all
this was to make certain that the case
will now go to the jury, there having
been some doubt on this point up to the
decision to admit all that Goldsmith
might have to say.
Just before the close of the days
proceedings there was another ruling
by Judge Biddle in favor of the de-
Tense which may have an important
bearing on the future of the case. The
statute of limitations has been pleaded
again and again by Senator Quays
lawyers as a bar to much of the testi-
mony presented by the commonwealth
AS Mr. Quay was indicted on Nov. II,
1898. the two years allowed by the
statute for prosecution would extend
back only to Nov. II, 1896 On this
basis Mr.. Watson has frequently
urged Judge Biddle to exclude men
tion of transactions dating back to
1886, when Mr.. Quay was state treas
urer. The court has uniformly held,
in effect, that the statute of limitations
does not affect the evidence but does
affect the crime.
The district attorney pointed out
that he alleges the defendants guilt
during the two years the law confines
him to, and to prove this the corro-
boratiye evidence of the previous
years should certainly be admitted
Judge Biddle decided against the COM
monwealth. He ruled that the evi-
dence should be confined to the con-
spiracy alleged and not 10 some other
conspiracy.
1t is interesting to note that there
was every indication that the Judge
was about to rule against Mr.. Quay
when Mr.. Watson got in another little
speech, begging the court to consider
the point that the prosecution has so
far failed to show a specific conspiracy,
and this should be done before it went
into the general question of conspir-
acy. The judge took this view, and
ruled accordingly. The lawyers for
the defense claim that the decision
practically rules out the figures prior
to Nov. II, 1896. Mr.. Rothermel says
its effect will be to prevent him from
offering much of the evidence he hoped
to present.
All day long Mr.. Goldsmith read
out figures taken from the bank books.
embracing the various settlement Pc
riods of six months, each dating back
to Oct. 81, 1898, showing the amount
Of the state deposit, the amount loan
ed to Senator Quay during each six
months, the amount of interest allow
ed the state treasurer for that portion
of the state deposit apparently not set
aside for Senator Quay's use, the
amount of interest, If any, the senator
paid on his loans, and the amount of
money used to purchase stock for him.
The deposit during the years men,
toned ranged from 1920, 900 to $400,-
00O Senator Quay's loans were shown
to be as great as SS66,000 in one Pc
riod of six months. Occasionally, the
witness said, small and inadequate
payments of interest by Senator Quay
were shown, but generally there was
nothing to indicate that he paid for the
use of the banks money.
While all these figures were going in
counsel for Senator Quay sat silent
and motionless. listening to the
monotonous routine of question and
answer. This was in pursuance to an
understanding that the defense OBJ
| jected to every answer, that the OBJ
lection was oYerruled and an exception
noted. This is for future use in a
higher court, if necessary. Once Mr..
Shields felt constrained to enter an
earnest protest against a witness be-
ing permitted to place a mans liberty
in jeopardy by making such mon
strous statements, based merely on
conjecture.
There is no doubt that nearly all of
the experts deductions and figures
were obtained from the red book {"
about which so much has been said,
and against the introduction of which