Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-13
CRUCIAL POINT REACHED
Contention Over the Admission of Bank
Books in The Trial Of NJ. S. Quay.
VICTORY FOR THE PROSECUTION
Judge Decides That They Are
Proper Testimony.
THE RED BOOK" NOT YET ADMITTED
Associated Pre- $ Dispatch By Special Wires.

Associated Pre- So Dispatch by Special Wires.
Philadelphia, Pa, April 12.-When
court opened for the third day of the
trial Of ex-UnitedsStates Senator Quay,
there was an indication on all sides
that tho crucial point in the whole
proceedings had been reached, namely
the question of the admission of the
books of the bank as evidence, and
especially those documents found in
the private desk of Cashier Hopkins.
The mastery, logical argument made
yesterday by David L. Watson, of coun-
sci for MIR. Quay, in opposition to their
admission, was the subject uppermost
in the public mind. Comment was
freely INDUCED in regarding the courts
probable action. decision in favor
of the defence virtually means the col
lapse Of the trial, while the admission
OF the books may prove serious blow
to the defendant.
Judge Biddle took his seat promptly
at 10 O'Clock, and, after the jury had
answered to their names, District At
torney Rothermel began his reply to
Mr.. Watson, urging the admission of
the books of the bank. His first point
was that all manner of criminal charges
are established and proven by circum-
stantial evidence, the crime of con-
spiracy being frequently proven in this
way. Mr.. Rothermel bore strongly on
the continued payment of interest on
the Comm onweaIth's deposit in the
Peoples Bank to Senator Quay He
that Mr.. Quay was borrowing money
from the bank for the purchase of
stock, and that he paid no interest on
these moneys. This continued loaning
of money, Mr.. Rothermel commended,
was in furtherance of the conspiracy
between Cashier Hopkins, State Treas
urer Haywood and Senator Quay. He
first took up the period for six months
ending October, 1897, when the Com
monwealth IS deposits varied from 1926,
600 to $3.50, 900. During this time, he
said, Mr.. Quay had loan of S1S5, 600,
and paid no interest. He proposed to
show by the writing in one of the
books, the now famous "Red Book"
that Mr.. Hopkins had carefully COM
puted interest on the amount of the
deposit not used by Mr. Quay, which
interest was divided into three parts,
two Of which were deposited, respec-
lively, to the credit of Messrs. Hay
wood and Quay, the remaining part
going, it was alleged, to 9. III. Magee
of Pittsburg. He proposed to show the
very scheme, he said, which was
adopted to conceal their operations
from the other clerks of thesbank.
Mr.. Rothermel said he would show
that on October LIST, 1897, Mr.. Quay
was indebted to the bank as endorser
for his son, in the sum OF 500, 900,
and how that debt was created. He
would show that the board of directors
agreed to discount that note, provided
q certain letter was obtained from
State Treasurer Haywood, guaranteeing
the deposit OF an equal amount This
is endeavoring to have admitted, and
hopes by it to prove the existence of
the alleged unlawful conspiracy. 1t is
generally regarded as the most damag-
ing piece of evidence against Richard
Il. Quay.
Continuing, Mr.. Rothermel said he
would prove Mr.. Haywood received
interest on that 100000 Mr.. Rother-
mel dealt at length with the con-
tention of the defence that the indict-
ment against ex. Senator Quay is fatally |
defective, because it deals with matter
foreign to the case under consideration.
He cited authorities to sustain his |
point that the defence's request for the
quashing of the Indictment on this
ground cannot be granted.
On the question of the books not |
being competent evidence, because
entries in them involving Mr.. Quay
were made by third parties, Mr.. Rother-
mel maintained that all such entries
made eontemporaneous with the acts
they related to can be admitted as cir
cumstantial evidence. All of tho entries |
were made by clerks under the direc-
tion of Cashier Hopkins, and were,
therefore, practically made by him |
from figures entered by Mr.. Hopkins |
in the Red Book All the entries
we're indisputable evidence OF the rati-
fcation of the conspiracy between
Messrs Quay, Haywood and Hopkins
Mr.. Hopkins acted, he said, virtually
under the direction and control of Mr.
Quay, and the books OF the bank,
therefore, become, for the purposes Of
proof of conspiracy, the books of Mr..
Quay himself.
Mr.. Watson Of Mr.. Quay's counsel,
replied briefly to the district attorneys
argument.
Judge Biddlc decided that the books
of the bank are admissible as evil
dence. He stated that he was not sat
isfed, however, that the "Red Book
was proper testimony against ex-Sena-
tor Quay, since it was not found among
the regular bank books. 1t has not
yet been regularly offered in evidence,
and the question Of its admissiiblity
will be decided when it is presented.