The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-11
SENATOR QUAY ON TRIAL
The Case Begun After Manv
Vexatious Delays.
A SHARP LEGAL BATTLE
The Defense Will Put Up a Determined
Fight for Their Client-Rsceivar
OF the Bank Under
Examination.

| Philadelphia, April 1O.-Ex-United States
Senator NJ. S. Quay and his son. Richard
r. Quay, were called to the bar of the
| court of quarter sessions to-day and after
many months of vexatious delay the trial
| OF the two defendants was begun There
| was anentire absence of any crowd, either
| outside or in the court room.
Special cards of admission, permitting
only those directly interested in the case,
witnesses, jurors and newspaper men,
had been issued by the district attorney
and counsel for the defense. Even men,
bers of the bar who were not in the case
were withheld admission. AS a result of
| these arrangements the court room was
but little more than half full and the
| greater portion Of those present were wit
nesses.
Judge Bddle, one of the oldest and most
| respected members on the bench was the
| trial judge. District Attorney Rothermel,
| after two hours had been spent in select
| ing jury. elected to try ex-senator Quay
| first on that one of the five indictments
| lin which he and his son are variously
| named), which charges Mr.. Quay and the
| late ex-State Treasurer Benjamin j. Hay
| wood with conspiracy in using the state
| funds for their personal benefit and profit
| and in a manner unauthorized by law.
This action practically leaves the ex-sen-
| ator alone on trial. Beyond the selection
of jury and the examination of one wit
ness, Thomas II. Barlow, receiver of the
! Peoples bank, nothing was done to-day.
The jury was secured after IS talesmen
had been examined, "A of whom were
| stood aside by the district attorney, one
| excused and one challenged for cause.
The latter was Talcott Williams, one of
the editors of the Press of this city, which
| is opposed politically to Quay. The de-
| Tense then exhausted its privilege of four
peremptory challenges and the common
| wealth took advantage of but three of the
challenges.
The only witness examined to-day Mr..
! Barlow, led to the first clash between
counsel and apparently indicated that
determined legal battle, replete with knot
| ty points of law, will be fought in the trial
| of the, case.
| The district attorney called Mr.. Barlow
! to identify books and papers found by
| him when he assumed the receivership.
| Mr.. Shapleigh of counsel for the defense
undertook to cross-examine the witness
with respect to his knowledge of whether
certain books, which the defense it is
understood, claims missing, are in
| Guided in those testified to by the witness.
| This was objected to and after repeated
| consultations among counsel for the de-
/ tense and several other efforts to obtain
| an answer to the question in another form
| it was abandoned and Mr.. Shapleigh said
| he would begin his cross-examination in
| the morning.
! Senator Quay and his son entered the
| court accompanied by their counsel, A. l..
| Shields, r. E. Shapley, D. T. Watson and
| j. NJ Swearingen the last two from Pitts
burg. District Attorney Rothermel and
! his assistants, Messrs. Finletter, Clement
and Scott, followed almost immedistely.
! A buzz of conversation went around the
| court room when ex-Judge James Gordon
and former district attorney Graham. both
| of whom have been active in the prosecu-
| ton of Senator Quay, and are subpoenaed
as witnesses entered and occupied seats
| within the enclosure reserved for the
present district attorney and court officers.
| There was long list of witnesses for the
| prosecution. including Thomas Barlow,
receiver of the broken Peoples bank;
State Treasurer Beacon, ex-State Treas
urer Henry X. Boyer, who Is now in the
| Philadelphia mint: James S. McManes,
| once the leader of the republican machine
| in this city, who was president of the
| Peoples bank: George A. Hum, the lead
| ing stock broker of the city, through whom
|
| ness; David H. Lane the local republican
| leader; Richard F. Loher, general man.
| ager of the assigned Guarantee Trust Co..
| which with the Peoples bank lost upward
| of $500, 900; all of the experts who have ex-
| amined the books of the bank, and Others
| in all more than 50.
Among the jurors called was Talcott
| Williams, one OF the editors OF the Phila-
delphia Press. He said he knew both of
the Quays and had formed an opinion
| but he felt able to try the case according
| to the evidence. Mr.. Shields, for the de-
| Tense. cross-examined him. Mr.. Williams
| admitted that he had written editorials
| severely denouncing the defendants and
had participated in editorial councils at
which the anti-Quay policy of the paper
| was outlined.
| The question related to a discussion of
the responsibility of an editor for the opin-
! ions expressed by newspaper employing
! him and the political policy of the paper
which he had no voice in. Judge Biddle
| cited recent decision by the superior
court in the Pittsburg Leader case, which
he thought changed the law on the SUBJ
| ject of an editorial writer's responsibility.
| Mr.. Shields finally determined to chal-
! lenge Mr.. Williams "for cause" and the
judge sustained the challenge.
| After securing a jury the first witness
called was Thomas w. Barlow. special
assistant to former district attorney Ora
| HAM, who was appointed receiver of the
bank at the time of its failure. He iden-
| tilted the books of the bank and papers
! letters and other books found in Hopkins
desk. Among the latter was one in which
| there were entries in red ink which ap-
parently indicated computations of inter-
est on state funds made by Hopkins This
| counsel agreed to designate as the ''red
| book"
Court adjourned at 3:05 p. m. until to-
morrow morning, when the defense will
! cross-eXamine Mr.. Barlow.