The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-04-12
YESTERDAYS TESTIMONY.

Philadelphia, April 12.-ln the tril of
ex-senator Quay yesterday his lawyers
began what is regarded as the all inn
portant contention in their fight for
his acquittal, namely, that the books
of the broken Peoples bank are not
competent testimony against the ac-
cused man, and therefore should not
be admitted as evidence. On the de-
cision of this point rests the entire
fabric of the prosecutions case. Should
Judge Blddle decide the point we'll
taken the commemorative case will
necessarily collapse.
In order to secure the most effective
presentation of this phase of the de-
fense Mr.. Quay brought to his aid the
skill of David T. Watson, of Pittsburg,
one of the ablest attorneys in Pennsyl-
vaniai ranking, in fact, with the best
in the country. Mr. Watson spoke on
his subject for nearly two hours, and
had the almost breathless attention of
a room filed with the legal lights of
the local and state bar. Many of these
lawyers expressed opinion that Mr..
Watson made a very strong argument.
The district attorney opened the pro-
ceedings in this phase of the case by
Offering in evidence the books of the
bank extending over a number of
years, and along with them the ac-
count books, letter press books and
letters from Senator Quay and State
Treasurer Haywood found in the desk
of Cashier Hopkins after that official
had committed suicide. He read a
long summary of what the books and
papers showed, and stated what he
expected to prove by them, to wit
that through a conspiracy with Cash
ier Hopkins, State Treasurer Haywood
and other state treasurers and possi-
bly, other officials of the bank, Senator
Quay used a certain fixed amount of
state money deposited in the institu-
tion 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 preliminary hearing on Oct. last.
There was some new matter, however,
dealing 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 cer=
tain figures in a book, which figures
purported to represent interest paid
to Senator Quay, was no proof that the
money had been received by him or
that there had been any intention to
pay 1t to him. Mr.. Quay was the VIC
tim of Hopkins, who used the senator's
name to cover up his own illegal trans
actions. Mr.. Watson also attacked the
indictment, declaring it to be fatally
defective.
Previous to the presentation of the
bank books by Mr.. Rothermel the ex-
animation of Receiver Barlow was
concluded. Mr. Barlow created a sem
sation by the statement that he had
broken open the dead cashiers desk
and taken therefrom the books and let
ters appertaining to the Quay trial at
the behest of a mysterious informant
who spoke to him over the telephone
from Harrisburg and stated that there
was a plot on foot to steal the COM
promising documents that night. He
was, he said never able TO learn who
his mysterious friend was. The fact
was cleaned from Mr.. Barlow that the
bank books and letters were practical
ly in the control of Judge Gordon from
April until September of last year. ne
considered this proper, as Judge Cor
don was the confidential adviser OF
President McManes, of the bank.
Then ex-Judge Gordon, who the ad.
herents of Senator Quay declare is re-
sponsible for what they term the con-
spiraey against their favorite, was
called TO the stand. Judge Gordon cor
roborated Mr. Barlow's testimony. He
deprecated the stories of conspiracy
against Senator Quay that have been
persistently put in circulation, and an.
swered every question asked regarding
the use he made of the papers while
he had them. He admitted that they
had been photographed at his sugges-
tion, but merely for purposes of safety
In the event of the originals being de,
stroyed He also admitted showine
them to David Martin, the leader Of
the anti-Quay faction, to John Wana,
maker, bitter opponent of Senator
Quay, and to others, including a par
tial exhibition of letters to James Nj
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