The times., 1899-04-11
boss QUAY ON TRIAL
FOR CONSPIRACY
The Accused Early OH Hand.
Smiling and Confident.
No Quibbling by Attorneys and a
Jury Quickly Obtained.
Thomas W. Barlow. Receiver of the
Peoples Bank, on the Witness
stand at Adjournmcnt.

Philadelphia, April 1O.-The trial OF for
mer United States Senator Matthew Stan
ley Quay and his son, Richard R. Quay, on
charges of conspiracy to use illegally State
money and funds of the Peoples Bank, be-
gan today in the Court of Quarter Sessions
before Judge Biddle. Up to the moment OF
the beginning of the proceedings there was
doubt as to whether or not the trial would
go on. The day was the third which had
been fixed for the opening of the trial and
a repetition of the unexpected something
to prevent the trial from going on was an
ticipated.
The courtroom in which the case was
called is on the sixth floor of the City Hall,
directly opposite the Broad Street station
of the Pennsylvania Railroad. 1t was in
this room that H. II. Holmes was tried and
convicted several years ago. The room is
large. airy, and handsomely fitted up. En-
trance to it was gained with difficulty.
Only persons who held slips stating that
they were witnesses succeeded in passing
the lines of policemen stationed at both
ends of the long corridor outside. In order
TO prevent confusion, spectators, newspa-
per men, and all others received these
witness" slips SO as to have all alike.
Naturally the guarded distribution of ad-
mission "favors" brought out notable
assemblage, which included legislators,
politicians. and several prominent reform
ers.
The talssmen were a study. Fifty men
made up the panel -Four or five fairly
well known citizens were among the tales
men. the best known being Talcott VIII
liams, one of the editors OF the Press"
and noted Egyptologist. The talesmen
had, unknown to most of them, been sub
jects of all sorts of enquiry, the prosecu-
tian having employed detectives and made
careful investigation of the records OF ey-
cry man drawn for jury duty. The make
up OF the jury panel led to the postpone
ment in February. but it was stated this
morning that it would not cause a con-
tinuance this time. The names Of the
talesmen were drawn from the jury wheel
with extraordinary care and the drawing
was made by the sheriff publicly early in
March.
The Presiding Judge.
Craig Biddle, President Judge of the
Court CT Common Pleas, No. l, presided.
Judge Blddle is a man of austere counte-
nance and of keenly deliberative turn of
mind. He has been on the bench many
years and is regarded as one of the fairest-
minded men Of the judiciary
The lawyers for the defence and their
clients were early in place They had a
space reserved for them close by the rail
in front OF the judges bench. Between the
rail and the bench sat District Attorney =.
Fred Rothermel, jr., whose whole appear
ance suggests reserved strength. His first
assistant. Thomas d. Finletter, young
man of light complexion and nervous, in
cisive manner sat with him. The youngest
OF the assistant district attorneys and one
Of the brightest, Samuel NJ. Clement, ir.,
also had seat within the enclosure, ready
TO take hand in suggesting questions to
be asked the talesmen by Mr.. Ro:hermel.
The space allotted the defence formed a
roomy square. In this, at tables sat Rufus
4. Shapley and A. S. L. Shields. the prin-
clpal lawyers, and David p. Watson and
John NJ. Swearingen, of Pittsburg. who
were called into the case when il went to
the Supreme Court in January. Ellis Amos
Ballard. Mr.. Shapley's law partner, ap-
peared to have much of the documentary
evidence and law books in hand. Mr.. Quay,
who has apparently been in good spirits
for several days. chatted easily with his
lawyers and nodded TO acquaintances. His
sen Richard seemed to be the more deeply
concerned of the two
Postponement Looked For.
Judge Bidde convened the court a few
minutes before 10 o'clock and persons as
sembled in the courtroom had hardly taken
their seats when the defendants and their
counsel arrived in a body. A. s. l.. Shields
led the party into the courtroom and
was followed by former Senator Quay. his
son, Richard Quay; Senator Penrose, AT
torney John Deyine, Mr. Shields assis-
tant; Rufus Z. ShapIey, senior counsel for
the defence; his assistant, Ellis Amos Bal
lard, and the well-known Pttsburg law
yer, David Watson
Judge Mestcrphat, of Fayette county. oc-
cupied the seat of homer on the bench
with Judge Biddle. The defendants were
followed into the courtroom by First AS
sistant District Attorney Thomas d. Fin
letter. District Attorney Rothermel en-
tered By private door. Then came former
Judge Gordon former District Attorney
Graham. and Thomas W. Barlow Mr
Graham upon entering the courtroom weni
Immediately TO his old place inside of the
District Attorneys railing, and everybody
al once jumped 10 the conclusion thgt he
was TO assist in the prosecution but after
shaking hands with District Attorney Roth.
/ crmel and exchanging greetings with Judge
Biddie. Mr.. Graham stepped back and tool
I his place near Clerk Henszey's desk. For.
mer Judge Gordon took seat inside tn,
I railing in an obscure corner near Mr.
I Henszey.
] AS soon as the defendants and counsel
| had seated themselves the court crier, al
| the direction of Mr.. Rothermel. began
I calling the names of WITNESSES. This toJL
| up considerable time, as less than u thirC
! OF the Witnesses responded to their names
I Mr.. Rothermel was apparently annoyed
! and he consulted with MI. Finletter for
at least fye minutes. When he arose al
the end Of that time everybody expected
an application for a postponment, bui
that was not the case. Mr.. Rothermel
merely explained to Judge Biddle that he
supposed that the witnesses had gone over
To the other courtroom, and that he had
sent an officer over there to bring them
in. which Was the cause of the delay.
Judge Bddle said that the witnesses
would probably come in during the DAY
and there was no reason why the trial
| Should not be proceeded with There was
another consultation between MIR. Rother-
mel and his first assistant, and the three
! lawyers for the defence awaited the out
come with great deal of interest and
! with anxious expressions on their facss.
call the jury" said MIR. Rothermel, and
I the erier Immediately took up the LITTLE
| box which contained the slips with tbs
names Of Jurors printed on them
In little more than two hours and Z
half the jury was drawn, after thirty-fve
men had been examined. Fourteen tales.
men were set aside by the District Attor.
ney and enc was challenged for cause
Seven men we're peremptorily challenged
/ after the first twelve had been examined
! the defence exhausting its right TO fouI
| challenges and the prosecution chalIeng-