The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-04-13
lard FIGHT FOR QUAY.
Lawyers Try to Deal Prosecu.
tion a Death Blow.
TRYING TO BAR BANKS BOOKS.
Contended That They Were Not Com
petent Testimony Against the Accused.
Point May BE Decided Today-Barlows
Sensational Statement.

PHILADELPHIA, April l2.-In the trial
of ex-senator Quay his lawyers began
what is regarded as the all important
contention in their fight for his acquit.
tai namely, that the books of the
broken Peoples bank were not com.
petent testimony against the accused
man and therefore should not be ad.
mitted in evidence. On the decision of
this point rests the entire fabric of the
prosecutions case. Should Judge Bid.
die decide the point well taken the COM
monwealth's case will necessarily col
lapse.
In order to secure the most effective
presentation of this phase of the defense
Mr.. Quay brought to his aid the skill of
David L. Watson Of Pittsburg, one of
the ablest attorneys in Pennsylvania,
and ranking in fact with the best in the
country. Mr.. Watson spoke on his sub.
ject for nearly two hours and had the
almost breathless attention of room
filled with the legal lights of the local
and state bar. Many of these lawyers
expressed the opinion that Mr.. Watson
made very strong argument, what its
effect will be upon the judge remains to
be seen.
The district attorney opened the pro-
ceedings in this phase of the case by
Offering in evidence the books of the
bank extending over number of years
| and along with them the account books.
| letter press book and letters from Sena.
| tor Quay and State Treasurer Haywood
| found in the desk of Cashier Hopkins
after that official had committed sui
eide.
He read long summary of what the
books and papers showed and stated
what he expected to prove by them, to
wit, that through conspiracy with
| Cashier Hopkins, State Treasurer Hay.
wood and other state treasurers and
| possibly other officials of the bank, Sen.
ator Quay used certain fixed amount
of state money deposited in the institu,
| ton and received interest ON another
fixed portion of the state deposit. Much
Of the evidence offered by the district
attorney was brought out at the pre-.
liminary hearing on Oct. last. There
was some new matter, however, deal.
ing principally with the amount OF
money loaned by the bank to Mr.. Quay
and during the past IL or Ia years, the
amount paid TO him and other state
treasurers as interest on state deposits
Mr.. Watson contended that the mere
fact that bank clerks, with no personal
knowledge Of the truth of what they
were writing, entered certain figures in
book, which figures purported to repre-
sent interest paid to Senator Quay, was
no proof that the money had been re
ceived by him or that there had beer
any intention to pay it 10 him. Thii
argument is in line with the defense
contention that Mr.. Quay was the vic
tim Of Hopkins, who used the senators
name to cover up his own illegal trans
actions. Mr.. Watson also attacked the
indictment, declaring it to be fatally de
fectivo.
Judge Biddle may decide today
whether the books of the bank are ad
missible. II he declares that they are
Mr.. Quay's lawyers will next take uI
the memorandum books and letters be
longing to Hopkins, and oppose Their
consideration as valid testimony.
Previous 10 the presentation Of th'
bank books by Mr.. Rothermel the ex
! asnipation Of Raeeiyar Barlow WAS non