Barre evening telegram. (Barre, Vt.) 1898-19??, 1899-04-21
NO DEFENSE
BY QUAY.
His Lawyers Rest Their Case on the
States Evidence.
ADDRESSES TO THE JURY.
Judge Biddle Refuses to Grant n Mo-
tion by Mr.. Watson, Defend
ants Counsel, to Have the
Case Dismissed.
ADDRESSES TO THE JURY.

Philadelphia, April 21.-The defense
opened its part of the proceedings in
the trial of Senator Quay on the charge
of conspiracy by moving that the court
withdraw the case from the jury and
dismiss the indictment. In support of
this motion David T. Watson made a
long argument.
He began with the statement that
early in the trial the prosecution pre-
sented an offer to produce evidence
connecting M. s. Quay with a conspira =
cy alleged to have been entered into
with Cashier Hopkins of the People, s
bank and State Treasurer B. J. Hay
wood for the misuse of state funds de-
posted in the Peoples bank Mr.. Wat
son argued that the district attorney
had utterly failed to prove his case and
moved that the court strike from the
record the statements referred to- He
also moved to strike out the red book :"
District Attorney Rothermel in reply
10 Mr. Watson's argument referred to
his offer of proof and declared that the
commonwealth had proved the conspir-
acy completely within the line to
which the court limited it--namely, the
two years antedating Nov. II, 1898. He
said the letters of Senator Quay to Hop
kins were proof of the conspiracy as
was also the fact that for the six
months ending Oct 81, 1897 Senator
Quay had the use of $185, 900 without in
terest.
Judge Biddle said there was presented
to him first demurrer to the indict-
ment and second a demurrer to the ev-
idpnPa AS m 40 f,cf ho
nothing, as the question has already
been decided by judge of the Philadel-
phia court. Regarding the second de-
murrer, the judge said he was not in
position to discredit the testimony Of
fered by the commonwealth, and he
would therefore allow the case to go to
the jury for them to decide.
Attorney Shields made the announce
ment that the defense would offer no
testimony whatever and would at once
proceed to the addresses to the jury.
In order to save time Mr.. Shields offer
ed to waive the right to make the OPEN
ing speech. If the district attorney
agreed. he said, he would allow the dis
trict attorney to go right on with
speech. and he would follow. All this
was agreeable to the parties concerned,
and Mr.. Rothermel at once started his
attempt to convince the jury that he
had established the guilt of Senator
Quay.
The District Attorneys Address,.
In opening his address to the jury Mr..
Rothermel asked the jurors to free their
minds of any prejudices. He then read
the charges recited in the indictment
n nd onf nf ha
which the indictment was brought. To
account for the facts alleged by the
prosecution and adduced in evidence
the jury would have to believe three
things. said Mr.. Rothermel.
IF there were nothing else than these,
the case would he established" he said.
IF there was not an unlawful combina-
ton. the jury would have to believe,
first, that Haywood got 1888 in a pc
rod of six months not as interest on
the states deposit, but as gifts: second.
that M. S. Quay got the use of money
without the interest as a gift: third
that the amount of the check given to
Haywood was merely coincident with
one-third of the interest on the state
deposits for that period"
The red book" was finally taken up
~ Rothermel and its initials and its
figures explained to the jury as the
understood them. THE red
oook,'" said Mr.. Rothermel. became a
book of the bank in 1891, when it was
adopted to conceal the illicit traffic in
he state funds from the newly created
,ank examiner. To create the fund for
he payment of interest on the state
l,pdS money was withheld from tho in
crest paid by call loan borrowers, and
he balance was entered in the banks
books in lump sum-