The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-13
Judge Refuses to Admit "RedboOk"
In Evidence.
VICTORY NOT COMPLETE
FOR BANK BOOKS WILL BE IN
TRoDUCED.
A Hard Legal Battle Desperately
Fought In Which Honors Are
About Evenly Distributed-Pros-
ecutor Shows How Defendant Bor-
rowed Money From Peoples Bank.


Philadelphia, April Ex-senator Quay
gained a partial advantage in court
today by the apparent refusal of Judge
Biddle for the present at least, to ad-
nit as evidence against him, the ia
NOUS red book which has figured
so prominently in the trial and which
is alleged to contain the key to the case
of the commonwealth.
This book was found in the desk OF
Cashier Hopkins of the Peoples bank,
after the institution had closed Its
doors and that individual had taken
his own life. 1t is an ordinary day
book, twelve pages of which are de-
voted TO what the prosecution claims
to be Hopkins record of his transac-
tions in money deposited by the state
treasurer for the advantage Of Sena-
tor Quay.
1t contains entries extending over
several years and figures are written
in st which apparently show the calcu-
lation of interest on sums of money
approximately the state deposit, less
certain deductions for the beneht or
Senator Quay. These figures, the pros
ecution alleges, were posted from the
red book to the regular ledger of the
bank containing Quay's account.
In passing upon the question of the
admissibility of the red book, Judge
BiddIe says:
TT does not strike me that knowledge
of the book has been brought nome to
Quay. 1t was not found among the
books OF the bank at all. 1t was found
in a drawer, not in the ordinary shape
in which books of a public institution
are kept, but crowded in with sort OF
rubbish and an investigation of that
book revealed these figures. am not
satisfied, therefore, that this book has
been made competent evidence against
Senator Quay"
DISTRICT ATTORNEYS MOVE.
opinion by the judge in which he eS-
tablished the point that the regular
books of the bank were admissible as
testimony District Attorney Rother-
mel quickly saw the advantage the lat
ter part of the opinion placed him IN
and he sprang to his feet to assure
the court that he had not argued for
the admission of the red book" and
had not formally offered it in evidence
and might not find II necessary to
make such offer. Judge Biddle replied
that he had understood the argument
of yesterday and this morning to be
on the admission of all the books and
papers, but in view of Mr.. Rothermel's
statement he would withhold his deci-
sion on this book until it is regularly
offered and the question argued.
Counsel for Mr.. Quay, seeing their
advantage, insisted that they had in
cluded the red book in their argu-
1nent against the admission of the
books. but the judge dismissed the
matter for the present.
The commonwealth contends that al
though the red book was Kept by
Cashier Hopkins in a separate COM
partment away from the eyes OF the
other employees, it was necessarily a
mart of the bookkeeping system of lie
bank. and it will have to be admitted
10 eorroborate and explain entries In
Senator Quav's case.
The lawyers for the defense were evil
IDENTIFY disappointed at their failure 10
secure the exclusion of all of the books
of the bank. and thus practically de-
stroy the case Of the prosecution; II
has been understood that Lawyer wat
sons presence in the case was for the
purpose OF making the fight against the
hooks. All evidence practically againSs
Senator Quay is documentary, in the
shape of letters and book entries. anc
the attitude of his counsel has cleaslV
indicated a purpose to fight to the OFT
Ter end against the Introduction of such
evidence.
The failure in this respect was not
complete. however. as they have appar-
entity secured The exclusion of the vital
evidence contained in the little memoir
andum book, known, for purposes OF
Identification, as the red oooi. whlcn
gains its title from the fact that the
computations OF interest in it were
made in red ink by Hopkins. They were
successful in the effort to keep oIt TIE
letters and eltsrdms written by Seila-
tor QUAY to Hopkins, directing llDl 10
make certain transactions IN stftks-
These were ali made public at the time
FplTlnU
4 in October last.
y Tha letters are in Senator Quay's
handwriting. with one or two excep-
tSpns.
HOW QUAY BORROWED MONEY.
Arguments between counsel followed
the offer of the letter dated July Is.
1896, from state Treasurer HAYWOOD
to President Mechanics of the bank, and
= found in Haywood's desk, the defense
objecting on the ground that Haywood
was dead and was not defendant. ana
that il was inadmissible because of TIE
Statute OF limitation.
The letter in question advises the
bank that upon granting of loan of
s:e1.G0O to Richard r. Quay the state
deposit viii be increased from $50O,0Gj
10 $780, 900. and not reduced until Tie
Quay debt is paid.
Accompanying the letter is a note
thur kennedy and Richard r. Quay
and endorsed b. Senator Quay, and Mr.
Rothermei proposed to show from the
ininUte-bo0k OF the bank that the di-
rectors agreed to make the loan upon
the prodHction of certain letter from
H'aywsod. the letter being the one in
question. Mn Rotherrnel said the note
vas not paid until after the failure of
the bank in 1895
The jvdge admitted the letter.
Is Mr.. Rothermel said he would show
ta5lI AZ Oct. l. 1897, Mr.. Quay was in
debtJd to the bank as indorser for his
son IN rhe sum OF $4,000, and how the
debt was created. He would show that
the board of directors agreed to dis
count tSrat note. provided a certain let
ter was obtained from state Treasurer
Haywood, guaranteeing the deposit of
an equal amount. Mr.. Rothermel said
he would prove Mr. Haywood received
interest en- that 100000.
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