The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-13
POINT IN QUAYS FAVOR
The Famous Red Book" Not Yet
Admitted in Evidence.
THE COURTS DECISION
Quay's Lawyers Are Making a Desper-
ate Fight From Start to Finish-The
Other Books OF the Peoples Bank
Held to Be Admissible.

gained partial advantage in court to-
day by the apparent refusal of Judge
Biddle, for the present at least. to ad-
NIT as evidence against him the ia
nous red book" which has figured so
prominently in the trial and which is
alleged to contain the key to the case
of the commonwealth. 1t contains en-
tries extending over several years and
fgures are written in it which appar-
emily show the calculation of interest
on sums of money approximating the
state deposit, less certain deductions
for the benefit of Senator Quay. These
hgures, the prosecution ALLEGES, We're
posted" from the red book to the reg
ular ledger of the bank containing
Quay'S account. Judge Biddle replied
that he had understood the argument
of yesterday and this morning to be
on the admission of all the books and
papers, but in view of Mr.. Rothermel's
statement he would withhold his decis-
ion on this book until it is regularly
offered and the question argued. All
evidence practically against Senator
Quay is documentary, in the shape of
letters and book entries. and the atti-
tude of his counsel has clearly indi-
Gated purpose to fight to the bitter
end against the introduction of such
evidence. The failure in this respect
was not complete, however, as they
nave apparently secured the exclusion
of the vital evidence contained in the
little memorandum book known for
purposes of Identification as the 'red
book" which gains it's title from the
fact that the computations of interest
in it were made in red ink by Hopkins.
Mr.. Quay and his son Rich
hn n
minutes before opening of court this
| morning. AT 10 o'clock Judge Biddle
took his seat and Attorney 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
proved by circumstantial evidence He
bore strongly on the continued payment
of interest on the commemorative de-
poSits in the Peoples bank to Senator
Quay. He offered to prove by letters
and kilograms that Quay was borrow
ing money from the bank for the pur-
chase of stock and paid no interest on
the money. The continued loaning of
money, Rothermel contended, was in
the furtherance of a conspiracy be-
tween Cashier Hopkins, State Treasur-
er Haywood and Quay. He proposed to
show by the famous Red Book" that
Hopkins computed interest on deposits
not used by Quay; that the interest
was divided in three parts. going to
the credit of Haywood, Quay and c. II.
Mckee of Pittsburs.
Mr. Rothermel read the letters which
We're written ITO Mr.. Hopkins by Mr..
Quay, and which have been printed,
giving the cashier instructions how to
proceed in certain stock transactions
and requesting him in some instances to
obtain the money necessary to pur-
chase other stocks. To each of these
letters the defense formally objected,
on the ground that they are irrelevant
under the Indictment. The objection
was overruled and an exception noted
in each instance.
Arguments between counsel followed
the offer of the letter dated July 10.
1896. from State Treasurer Haywood to
President McManes of the bank and
found in Hopkins desk, the defense OBJ
jecting on the ground that Haywood
was dead, and it was inadmissible be-
cause of the statute of Imitation The
letter in question advises the bank that
upon the granting of a loan OF $100, 900
to Richard r. Quay, the state deposit
will be increased from 100000 to $780,
900, and not reduced until the Quay
debt is paid. Accompanying the letter
is note for $1,000 signed by State
Senator Arthur Kennedy and Richard
r. Quay, and indorsed by Senator Quay.
from the minute book of the bank that
the directors agreed to make the loan
upon the production of a certain letter
from Haywood. the letter being the one
in question. Mr.. Rothermel said the
note was not paid until after the fail
ure of the bank in 1898. The judge ad-
mitted the letter.
George S. Graham, who was district
attorney when the prosecution was first
brought against Mr.. Quay. was the
next witness. He identified two tele-
grams sent by Quay to Hopkins, which
he said Mr.. Quay admitted he sent to
the cashier. One of these is the plum
tree" telegram.
Mr.. Quay's lawyers objected to their
admission. Albert L. Tabor. teller of
the bank. identified 217 of the banks
books, which are in evidence.
The district attorney next endeavOr-
ed to induce the defense to admit that
certain books in another room, day
books ledgerS. minute books etc, were
books of the bank. Counsel for the de-
fense said: I'VE will admit nothing"
and insisted upon the commonwealth
proving each separate book. Judge Bid
die endeavored to have counsel reach
some amicable agreement and thus
avoid the necessity of bringing the
books into the court room and proving
the entries in each hook. Counsel could
y
ter half an hour of fruitless argument
the district attorney ordered the books
brought into court.
Mr.. Rothermel said he would show
that on October 1, 1897, Mr.. QUAY was
indebted to the bank as indorser for his
son in the sum of $100, 900 and how that
debt was created. He would show that
the board of directors agreed to dis
count that note provided a certain let
ter was obtained from State Treasurer
Haywood guaranteeing the deposit of
an equal amount. Mr.. Rothermel said
he would prove Mr.. Haywood received
interest on that 100000.
On the question of the books not be-
ing competent evidence because entries
in them involving Senator Quay were
made by third parties, Mr.. Rothermel
maintained that all such entries made
.contempomneous with the acts to which
they related can be admitted as circum-
stantial evidence. All the entries We're
made by clerks under the direction of