The times., 1899-04-15
Mr.. QUAY MUST
Face THE RED BOOK
Its Contents to Be Admitted
as Evidence.
The Prosecution Relies on II to
Prove Conspiracy.
Testimony Tends to show That Hop
kins Was the Whole Thing
In the Bank.

Philadelphia, April Alt was said here
this morning that if District Attorney
Rothermel succeeded in getting the red
book admitted into evidence in the trial of
former Senator NJ. S. Quay, charged
with conspiracy to use unlawfully the funds
of the Commonwealth deposited in the Peo-
pies Bank, the most important point for
the prosecution would be won. The red
book, as it is called, was found in the desk
Of John S. Hopkins, Cashier of the Peo-
pies Bank and contains, 1t is alleged, cal
culations of the interest which it is con-
tended was divided among Quay, State
Treasurer Haywood, and Hopkins. 1t is
the book ON which, it is said, the prosecu-
tion relies to prove the subterfuge which
concealed the alleged conspiracy. Just
before the court adjourned for the night
the red book was admitted in evidence.
The defence has stubbornly contested the
red books admission as evidence and
fierce battle has been Joined over 1t. Judge
Biddle ruled on Wednesday that while he
would probably admit into evidence prac-
tically all other books or papers which the
prosecution might adduce, he was not sat-
isied then as to the competency of the
red book, as it was not part of the system
of the banks bookkeeping. He reserved
decision, however, until the book should
be offered by the prosecution, but his ex-
preston of opinion favored the defendants.
The result was that Mr.. Rothermel con-
sumed the whole day yesterday in exam
lining as witnesses former employees of the
Peoples Bank, who testified as 10 their
duties in the bank and as to the system
OF bookkeeping employed in the bank. The
most important testimony was given by
Assistant Cashier Kemble, who said that
Hopkins was the whole bank" and that
the system of bookkeeping was his. When
the red book was shown to Mr.. Kemble he
failed to identify some of the writing in
it as in Hopkins hand.
Up TO the time when Mr.. Kemble's tes-
timony ended Mr.. Rothermel had been
merely paving the way TO try 10 show that
the red book had a place in the banks
system of books. The day closed with
handwriting expert W. E. Hagan on the
stand, who testified that he considered the
handwriting in the red book to be that of
John S. Hopkins. There were one or two
pages in the book on which, Hagan said.
there was writing which he could not fully
Identify as that OF Hopkins.
In cross examining yesterdays wit
nesses the defence elected the testimony
that the witnesses could not swear as to
the truth or falsity of the transactions re-
corded on the banks books. II was also
said on the stand that none of the wit
nesses had ever seen bank book belong
ing 20 former Senator Quay, although he
had an account in the hank Practically
the only document adduced in evidence
yesterday was a copy of the minutes of
a meeting of the board Of directors of the
bank. held August 3, 1896 when it had
been agreed to make loan TO r. X. Quay,
provided the latter complied with the re-
quest OF the president OF the bank for
certain letter.
Letters and Telegrnms.
The other documents admitted into evil
dence on the previous days OF the trial
were FIVE letters and two kilograms al
legged to be from ex-senator Quay to Hop
kins and relating to stock transactions,
and letter said to be from State Treas
urer Haywood to President McManes, OF
the Peoples Bank. relating to a deposit
of the funds of the Commonwealth not to
be checked against until r. r. Quay had
arranged for the payment of a certain
loan.
A highly exciting day was expected when
for it was said that the red book would be
offered in evidence, and great legal battle
was sure to be waged over its admission
This red book, by the way. is not red. II
is small book with brown mottled cover,
black back and green edges. It is not
ruled vertically. There are about ninety
eight pages in the book, whose size is
about Sx10 inches. II seems TO have been
used originally to keep some stock memo
randa and has a cipher code in front
II is alleged that some pages were torn
out and that the book was then used 20
keep the memoranda of State deposits and
calculations OF interest and divisions of
interest. The figures begin in the back
part of the book. about the seventh page
from the last, and are contained in thir-
teen pages. Most OF the figures are in ink
with pencil memoranda on three OF the
pages The name of Quay is not the only
one of a political nature appearing in the
book.
Richard r. Quay was absent when the
court reconvened today. but all the other
participants in the trial were present
Judge Biddle, of Carlisle occupied a seat
on the bench beside Judge Biddle, who is
presiding at the trial. Proceedings were
opened by recalling Expert Hagan to the
stand. He identified a paper handed to
him by Mr.. Rothermel as in John S. Hop
kins' handwriting, and the witness was
Dismissed practically without cross-exam-
ination.
Mr.. Rothermel then called Albert L. Taber,
formerly receiving teller of the Peoples
Bank Mr.. Taber identified Hopkins hand
writing in the black book, in the memo
randa OF the individual loan book, and in
a book containing memoranda of the col 4
lateral on loans to depositors Mr.. Taber
also identified the handwriting OF the vari-
Gus persons at the various dates on the
stubs of the two volumes of the cashiers |
check book, dated from 1888 TO 1898.
When were those entries made? |
mean in regard TO the receiving of the |
checks?' continued Mr.. Rothermel
Mr.. Taber said the custom was TO make |
the entries on the stub at the same time |
the check was drawn. He identified |
promptly his own entries and those of
Cashier Hopkins. G. r, Marsh, and others |
The District Attorney handed to counsel !
for the defence a number of checks and |
drafts, saying that he proposed having the |
signatures identified by Mr.. Taber al
though they would not necessarily be Of
fered in evidence at once The checks ran |
from 1887, and the signatures and endorse
ments were variously those of Cashier
Hopkins, NJ. S. Quay, B. ]. Haywood |
Charles S. Austin teller of the bank, and
William L. Taber. father of the witness
and one time receiving teller.
Treasurer Beacon.
James S. Beacon, who since May of last
year has been State Treasurer of Pennsyl-
vania, was then called. He was wanted
by Mr.. Rothermel merely to prove one sig
nature, but before he left the stand the
proceedings were considerably enlivened
through the cross examination OF Mr.
Shields. MIR. Rothermel put but one ques-