The record-union., 1899-04-21
would at once proceed to the addresses

opening speech IT the District AttOr-
ney agreed, he said, he would allow him
to go right on with his speech, and he
would follow
All this was agreeable to the parties
concerned, and Mr. Rothermel at once
started in, in a quiet manner, his at
tempt to convince the jury that he had
established the guilt of Senator Quay.
The District Attorney in opening re-
viewed the charges against Mr.. Quay
and read the law on the subject. The
charge, he said, was one of conspiracy,
being born in secrecy, and was there
fore difficult to prove. 1t must invaria-
bly, be proven by the acts of the con-
spirators.
Coming to the relation of Mr.. Quay
politically to State Treasurer Haywood
he indicated that if the State Treasurer
| received interest from the cashier, and
Mr.. Quay the interest on $260,000 from
the cashier, the natural inference is
| that these men have entered into a con-
| spiracy. There might be no direct evil
dence, he continued, but there should
| be no doubt that a conspiracy was con-
ceived and carried out.
| Mr.. Rothermel read Mr.. Quays letter
| to Cashier Hopkins directing the pur-
chase of 900 shares of Metropolitan
stock This, he argued, was unlawful
|. because the purchase was made with
| the banks money and no interest was
! charged. He showed by the evidence
that the State deposit due the six
months ending October 81, 1897, ranged
from 1925 coo to over 100000, and that
other loans were made to Mr.. Quay
! without interest.
/ The check of Hopkins to Treasurer
Haywood for $1,519 was discussed.
Mr.. RotheTmel said the banks books
showed this amount was the interest
on State funds, less 20 per cent. for the
bank and less interest ON 100000 for
the use of Mr. Quay
The red book he designated as unin-
telligible in itself but connected with
the other books of the bank he asserted
that it was the key to the proof of the
charges. He went over certain entries
testified to by Meyer Goldsmith. his ex-
pert, to disclose the fact that the de-
! fendant and Haywood We're paid inter-
est ON State deposits by Cashier Hop
kins. The entries in the red book were
elucidated to the jury, and their con-
nection with Senator Quay's account
and transactions exp 41ned.
The District Attornsg laid great stress
upon the fact that the red book came
into existence in 1881 coincident with
the paragraph of the law creating State
Bank Examiners, from whom. he ar
gued, Hopkins would, wish to keep his
illicit transactions sTrret He called
{ the Jury's attention to the memorandum
papers found in Hopkins desk, which
he claimed indicated interest ON call
loans appropriated by Hopkins to pay
interest on State funds to Haywood,
| and was therefore further circumstan-
tial proof of the conspiracy.
The District Attorney, in concluding
referred to the resolution of the Board
of Directors, ON August 81, 1896. au-
thorizing a loan of 100000 alleged to
be indorsed by MIR. Quay, provided a
certain letter could be obtained. He
then read the Haywood letter to Presi-
dent McManes of the bank, indicating
that 100000 of State money would be
| deposited in the bank. if R. D. Quay
was loaned a similar amount, and that
it would not be brought over until the
loan was made.
After a brief recess Mr. Shields began
! his argument to the jury. AT the out
set he took up the fact that the case
OF the prosecution was built on the tes-
tlmony of experts, and quoted an opin-
ion of the Supreme Court against the
tendency to call experts to testify to
feady-made opinions" IL taoin
ready-made opinions. This he declared
was a prophecy covering the case in a.
remarkable way.
Mr.. Shields dwelt on ex-Judge Cor
don's connection with the prosecution,
and denounced his actions in measured
terms. He argued that the present con-
spiracy against Senator Quay was be-
gun when Judge Gordon got from the
receiver of the broken bank the books
and letters found in the dead cashiers
private desk, and kept them in his pos
session for months. He went over the
use of these documents in furtherance
of his political ambition and his hatred
of Senator Quay
Mr.. Shields denounced the photo
graphing of letters and the exhibition
of these photogr apis to Democratic Ma
tional Committeeman Guffey and John
Wanamaker, as proof positive of the
conspiracy against Mr.. Quay.
The speaker took up the bill of in
dictment, which he said charged the
misuse of public funds, and dared any
member of the jury in defiance of his
conscience to render a decision against
the defendant. He turned to the letters
OF Senator Quay to Hopkins which ne
said all explained themselves. They
represented ordinary business trans
actions, and he pointed out that when
ever Quay wrote to Hopkins to buy
stock or make payments on his account
the books showed that the Senator had
ample money in the bank in his own
name to cover the transactions.
Mr.. Shields took up the plum tree
telegram, and directed his most wither-
Ing sarcasm against the men who
would use this document against a pub
lie man.
Idklng the regular books of the Peo-
pies Bank, Mr. Shields said it was in
evidence that Senator Quay never knew
of line of the contents He further
said the prosecutions expert had been
forced to admit that the books contain
ed signatures and accounts. Mr.. Shields
argued that this admission destroyed
the value of the books as testimony
against Senator Quay. Expert Gold
smiths testimony was denounced as
false, and counsel exclaimed dramati-
cally that Pennsylvania was compelled
to witness the spectacle of this man
being put forward ito despoil her
escutcheon and destroy her represen-
tative."
MIR. Shields closed at 2:5O p. M. and
Judge Biddle at once charged the Jury.
promising to speak only ten minutes.
Judge Biddle did not go into the evil
dence. He said the case had been ably