Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-13
II Was Begun in the Court of
Quarter Sessions, Philadel-
phia, on Monday.
JUDGE BlDDLE ON THE BENCH
One Hour and Eight Minutes
Consumed in Selecting the
Jury = Ten Jurors Re-
qulred to Stand Aside.


of funds of the Peoples Bank Of this
city, was begun this morning before
Judge Biddle, in the Court Of Quarter
Sessions. The arrangements that were
in effect on tho date the trial was last
called, February 9th, when 1T was
postponed. at the request of District
Attorney Rothermel, we're again carried
out. As consequence. few except those
directly interested in the case, jurors
and newspaper men, were enabled to
gain admission to the court room.
Outside the court room,a special detail
Of City Hall watohmen held back those
not fortunate enough to have special
cards OF admission.
Promptly at 10 o'clock. Judge Biddle |
took his sent on the bench. Judge |
Mestrezal Of Fayette county occupied a
seat beside him, merely as spectator,
however. Neither the district attorney,
his assistants nor the defendants and
their counsel we're present at that hour.
Within q minute, however, the latter
entered Lawyer A. $. L. Shields came
first, followed by ex-senator Quay and
Richard R. Quay. Directly following
them, came Senator Boies Penrose,
who took seat in the space reserved
for newspaper men. He was followed
by the remainder of the Quays' coun-
sell, Rufus +. Shapley, David I. Wat
son and j. NJ. Swearingen, the last two
from Pittsburg. District Attorney
Rothermel and his assistants, Messrs.
Finletter, Clement and Scott. followed
almost Immediately. Counsel for the
ex Senator and his son took seats
alongside each other, directly facing
Judge Biddle. Mr.. Quay, calm and
with impassive features, sat behind
| Mr.. Shields: and to the ex-Senator's
left, sat his son Richard. Mr.. Quay
held a brief conversation with Mr..
| Shields and then, settling back in his
seat, leaned his elbow on table by
his side,an from time to time glanced
about the room. His son talked with
no ono, and confined his attention to
observing counsel arranging the papers
\ in the case. About 20 minutes were
occupied in the calling of the names
of the panel Of jurors and the wit
nesses in the cases, during which
/ Judges Biddle and Mesterzal cnnversed
with each other. A buzz of whispered
conversation went around the court
room when former Judge James Gay
Gordon and former District Attorney
Graham, both of whom have been
active in the prosecution Of ex-senator
Quay and are subpnnaed as witnesses,
entered and occupied seats within the
enclosure reserved for the present dis
trict attorney and court officers.
The formal proceedings began at
10. 35 O'Clock, when the list of the panel
of Jurors was called. Talcott Williams,
one of the editors of the Philadelphia
Press, in answer to the district attor-
news questions, stated that 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 defence, put Mr.. Will
liams through severe examination,
,, Mr. Williams admitted that he hat
written editorials severely denouncins
the defendants, and had participated il
, editorial councils at which the anti
Quay policy of the paper was discussed
and outlined, The questioning led to
editor for the opinions expressed by
: newspaper employing him and tn
: political policy Of the paper in whicl
he had no voice. Mr.. Williams state
that, although he had formed a
I opinion, it was not fixed, and he fel
{ competent to try tho case on its merits
Il Judge Biddle cited recent decisio
Il by the Superior Court in the Pittsbur
o Leader case which he thought change
@ tho law on the subject of an editorif
:. writer's responsibility. There was
n lull in the proceedings while volunl
d containing the decision was handed W
n Mr.. Shields finally determined to cha
d lenge Mr.. Williams for cause" an
y the judge sustained the challenge. Or
is hour and eight minutes were consume
le in selecting the jury. Ten jurors wei
l. stood aside, one was excused and OF
in challenged ''for cause.
is The jury is as follows: Francis Hill
Us painter. foreman; William jackson
rigger, John j. Mcconnell, man
G. Mclaughlin, horse-shoer Frederic
Giles, Sr. j. Creevey, engineer: Charl
OF Penzler, shoemaker; james Mountne
artist. Charles Eisenhans, agent; A
Id drew Cochran, designer, and Villa
Espey, Sr.
en- The court, at 1915, took a rece
Of until |. 10 o'clock.
an Philadelphia, Pa, April lit
NJ trial OF former Senator Quay, on charg
- of conspiracy, began in earnest todu
l.. The Jurors looked Us though they h
~ rested we'll, Notwithstanding the ia
that they had been locked in the ju
room all night.
ate Thomas w. Barlow, the receiver
IN the bank, who was on the stand at .
iournment yesterday, and identified t
las books and papers found in the ba
of upon assuming his duties, was Gro
ate examined by Mr.. Shapley of coun
for Mr. Quay.
Sc. After bringing out the fact that n
on, Barlow was assistant to former ID
ate trict Attorney Graham during the ii
he acted as receiver, and was bl
ers with other duties, the witness was t
mes to tell all the circumstances of his
i moval of certain letters, papers a
,hn books from the private desk of Cash
Hopkins. Among these books is
., one known as 1.-THE Red Book" VIII
~ the prosecution alleges shows that
90, ~, Hopkins computed interest on st
' IL funds which he deposited to Mr.. Qua
''0 credit. The papers also included
r Quay letters, among them the : Fl
~, OF Tree document Mr.. Barlow, in
NO; ply, said ION March Goth, a per
m liz Harrisburg. whom | did not Il
~. and do not now know, spoke to me
acs- this city over the long distance Il
phone. He said L want to say to
was an attempt will be made tonight
day take certain documents out of
ned Hopkins desk, so they had better
t q taken by you As result Of thi;
his went to tho bank, accompanied
policeman, broke open the desk,
ner- took them out The witness said
hip, notified Judge Gordon, then one of
the Common Pleas judges, of his intent
of the latter being private and GO
cher Dental adviser to James McMal