The Indianapolis journal., 1899-02-28
sensatiOn in Political Circles of Penn
syIvanin Over the Action of Dis
trict Attorney ROthermeI.
QUAY'S COUNSEL INDIGNANT
AND SENATOR PENROSE BITTER IN
DENOUNCING PROSECUTION.
Various RumOrs AfiOat-Bank Books
Alleged to Have Been DOctOred
Feeling at Harrisburg.

PHILADELPHIA. Feb. 27-Political cir
cles were shaken to the center by the unex-
pected postponement of the Quay trial to-
day and there is speculation in every quarter
as to the causes which brought it about
There is little doubt that both sides were
ready to go on. All parties were on hand
and everything was apparently in readiness
when District Attorney Rothermel arose
and asked Judge Better to postpone the
trial because the Commonwealth was not
ready" AS soon as the sensation caused by
this announcement had subsided, Messrs
Shields and Shapley, counsel for Senator
Quay and his son, put in a vigorous protest
against further delay, but the court granted
the request and fixed April 10 for the trial.
When questioned afterNard the district at
torney declined to give any reason for the
postponement, but added that he submitted
the entire subject to Judge Beitler before
making the application and the judge had
approved the reasons. He added signifi-
cantly that the postponement was duty to
the commonwealth.
Senator Quays counsel had this to say:
"The fact of the matter is that there is moth
ing whatever in the case. Our experts have
examined the books and documents They
are mutilated, false and fraud upon their
face. We are prepared to prove conclusively
that the entries duplicating Senator Quay
and his son were made six months after the
alleged conspiracy had been consummated,
and the fruits, if any had been reaped. The
commonwealth must admit this. Their own
experts will testify to it. We are confident
that there is not a judge on the bench to-
day who would not under the evidence
available, order the jury to acquit
Senator Quay declined to say anything
about the case except to express his disap-
pointment at the delay, but Senator PenrOse
made a statement tonight in which he says.
among other things: Il am not surprised at
the outcome of Senator Quay's case. Every
one who has known the facts of this cOntro-
versy has realized that the prosecution has
been the outcome of one of the most villain
Gus political conspiracieS ever entered into
to destroy a public man The conspiracy was
conceived upon the day when the Peoples
bank failed and was carefully concocted so
that the prosecution could be brought to in
fluence the general election last November.
Senator QUay's political opponents have re-
sorted to this last desperate attempt to de-
stroy him as a political leader In Pennsyl-
vania. There never was anything in the
case against him and ] doubt whether any
serious thought was ever entertained that q
conviction could be secured. The political eff
feet of the prosecution was the OBJECT in
view. Had he not been candidate Tor re-
election for United States senator no one
would ever have thought of prosecuting him
in connection with the affairs of the Peo-
pies bank
THE CHARGES.
Senator Quay and his son, Richard Quay
are charged with conspiring in the misuse
of the funds of the State on deposit in the
Peoples Bank for their own profit and gain.
The original charges on which the war
rants of arrest were issued on Oct. last,
included, in addition to the senator and his
scn the names of Charles H. Mckee, a
Pittsburg lawyer, and ex-State Treasurer
Benjamin II. Haywood The grand jury
failed to indict Mr.. Mckee and the charges
against him were, therefore, dropped. Mr..
Haywood died on Thursday last in Sharon,
Pa, and Senator Quay and his son were
alone left to meet the charge of conspiracy.
A fifth person accused of connection with
the alleged conspiracy was John S. Hopkins,
VINO committed suicide in March last, sew
eral months before the charges We're made
against the others. Hopkins's suicide led
to an examination of the books of the bank,
and it was found that the assets were Sc
riously impaired. The bank went into liqui-
dation and Thomas w Barlow was ap-
pointed receiver. AT that time the deposit
of state funds in the bank amounted to
$685. 0O0 James McManes, president of the
| tank, assumed personally the protection of
all creditors, and the state and all other
creditors have since been paid the full
amount due them.
Though interest in the trial was intense
throughout the city, there was no croWding
IN the courtroom, because of the order is
sued by the court that only the lawyers di-
rectiy interested IN the case, the panel OF
per men should be admitted Senator Quay
with his son, entered the courtroom accom-
panied by their counsel, Rufus E. Shap-
ley, A. S. L. Shields and David T. Watson
OF Pittsburg. The presence of the latter
was a surprise to those in attendance, as 1t
DTsrIl Ia flneG nN6 hot 1,xN h.1
tired from the case. When questioned on
the subject Mr. Shields stated that Mr.
Watson was present only to make argu-
ment on any legal points which might arise
RumOrS were affoat all day one that the
trial had been postponed because the death
of former State Treasurer Haywood had
conviction, and another, which gained the
greater credence. that a member of the jury
panel had informed the district attorney of
an attempt at impersonatiOn.
The Evening Bulletin says: mo sooner
had the postponement been made known
than 1t was declared by high authority that
the cause for halting the case was an as
founding discovery affecting the Jury panel.
Officials in the district attorneys office de-
clined to discuss this, beyond stating that
there is only one reason why the trial should
not go on, the prosecution being entirely in
readiness to proceed. Rumor had it that
case of impersOnation had been detected:
but concerning this no definite information
was obtainable After court adjourned Mr.
Rothermel said, in reply to an Interrogation:
While l will say nothing whatever about
the cause which induced me to continue the
case, except what l said in court 7 can
state that the entire subject was submitted
to Judge Beitler and approved by him be-
fore | made the application for postpone
ment.' Upon the question of tampering with
the jury the district attorney made most
significant utterance in court. aVowing that
tne postponement was q duty to the COM
monweath. Beyond that he refused to
speak, save to say that it would be unwise
to give his reason at present. Judge Belt
Ter had been informed of il and that
suficed. His manner and his words con-
veyed the idea that proceedings are like
ly to grow out of the discovery and that
no disclosure could be made in advance Of
the steps that the commonwealth might
take. / will not say anything about the
jury panel he said finally
CREATED A SENSATION.