Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-04-18
A. A. Pearson, n.'s 's's Stree.
BETTER FOR QUAY.
bic to Him-Old Scores Are
Ruled Out.

Judge Makes Two Decisions FavOrn-
bic to Him-Old scores Are
Ruled Out.
PHILADELPHIA, April 17-Meyer Gold
smith, the commonwealth's expert ac-
countant, was on the stand all day in the
trial of Senator Quay, making statements
of fact that are apparently damaging to
the defendants side of the case. Gold
smith is the main witness for the prose-
cution. and it is through him that all Of
the documentary evidence is to be pre-
sented. This witness has examined the
banks books thoroughly, and he came into
court this morning with number OF type
written sheets containing figures that he
gathered from the various books relating
mainly to the deposit of the state treas
urer and the account of Senator Quay.
He swore to the correctness Of his work
and then the district attorney formally Of
fered the paper in evidence. This was OBJ
jected to by the defense on the ground that
such a paper is not testimony. 1t was in
sisted that the books themselves should be
placed before the witness and his sta.e-
ments uttered from what he saw entered
in them. The judge decided in favor Of
the defense, thus giving that side the first
piece Of comfort 1t has experienced since
the trial began. Although the defense has
apparently gained this point, the paper was
practically in evidence. Witness Goldsmith
using its contents in framing his answer
to the district attorneys questions. When
the Quay lawyers objected to this, they
were met by the judges explanation that,
while the paper could not be used as
sworn evidence, the witness might use 1t
to refresh his memory.
One effect of all this was to make IT
certain that the case will now go TO the
jury, there having been some doubt upon
this point up to the decision to admit all
that Goldsmith might have to say.
Just before the close of the days pro-
ceedings there was another ruling by Judge
Biddle in favor OF the defense which may
have an important bearing on the future
Of the case. The statute OF limitations ion
has been pleaded time and again by Sen
ator Quay's lawyers as bar 70 mucn
Of the testimony presented by the COM
monwealth. AS Mr.. Quay was indicted on
by the statute for prosecution would ex-
tend back only to November II, 1885. ON
this basis Mr.. Watson has frequently urg..
Transactions dating back to 1856 when Mr..
Quay was state treasurer. The court mas
uniformly held, in effect, that the statute
Of limitations does not anect the evidence
but does affect the crime.
The district attorney pointed OUT tnat ne
alleges the defendants guilt during the Two
years the law confines him to, and, 20 prove prove
ious years should certainly pc admitted'
Judge Biddle decided against the common
wealth and the Quay lawyers yseps were shouIy o9Iy
be confined to the conspiracy alleged ana
not relate to some other conspiracy.
1t IL interesting to note that there was a
clined to rule against Mr.. Quay, when Mr.
Watson, who has suave, persuasive style,
got into another little speech; similar TO 70
begged the court 10 consider the point that
the prosecution has SO far failed l. to s show Nv
specific conspiraey ana h TINS nsrs snou.n neee 9e
ton Of conspiracy. The Judge took this
view and ruled accordingly. The lawyers
for the defense claim that the decision 3n
November II, 1896. Mr.. Rothermel says its
effect will be to prevent him from intro
ducing much of the evidence he hoped to
All day long Mr.. Goldsmith read out fig
ures taken from the bank books embracing
the various settlement periods OF six months
ing the amount Of the state deposit, the
amount loaned to Senator Quay during each
six months, the amount Of interest allowed
the state treasurer for that portion OF the
state deposit apparently not set aside for
Senator Quay's use; the amount OF inter-
est. If any, the senator paid on his loans,
and the amount of money used to purchase
stock for him, The deposit during the years
mentioned ranged from 100000 to $500, ,OOO.
Senator Quay's loans were SHOWN 70 De as
great as 1856. 900 in one period of six months.
Occasionally the witness said, smaller and
inadequate payment Of interest by Senator
Quay was shown. but generally there was
nothing to indicate that he paid tor 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 of an un-
derstanding that the defense objected to
every answer. that the objection was over
ruled and an exception noted. This is for
future use in higher court, II necessary.
Once Mr.. Shields felt constrained to enter
an earnest protest against a witness be-
ing permitted to place a mans liberty in
ments. based merely on conjecture.
There is no doubt that nearly all of the
experts deductions and figures were OBJ
tanned from the "red book" about which
80 much has been said. and against the
Introduction Of which the Quay counsel
made such vehement but unayailing objec-