Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-27
NJ. s. QUAY is NOT GUILTY
The Verdict in the Famous Trial Rem
dered at II o'clock Friday.
CHAIRS UPSET AND HATS RUINED
When the Crowd Surrounded
the Defendant.
TRIED TO CARRY HIM ON SHOULDERS

Philadelphia, Pa, April 20.-The
defence, today, opened its part of the
proceedings in the trial of ex-senator
Quay, on the charge of conspiracy, by
moving that the court Withdraw the
case from the jury, and render yer
dict,,of mot guilty."
In support of this motion, David T.
Watson made long argument. He
began with the statement that, early in
the trial, the prosecution presented an
offer to produce evidence connecting
Nj. S. Quay with conspiracy alleged
to have been entered into with Cashier
Hopkins of the Peoples Bank and
State Treasurer B. j. Haywood, for
the misuse of State funds deposited in
the Peoples Bank. Mr.. Watson argued
that the district attorney had utterly
failed to prove his case, and moved that
the court strike from the record the
statements produced from the books of
the bank, because they failed to con-
meet M. SIS Quay with conspiracy
He also moved to strike out the 'red
book" on the same grounds. The
same motion was <made with reference
TO the letter of July 31st, 1896, from
Treasurer Haywood to President Nc
Names of the bank. agreeing to loan
to r. r. Quay, and the minutes of the
bank directors with regard thereto. the
ground being that this evidence related
to transaction with which M. S. Quay
was not connected. Another point
raised was that Goldsmith, the Com
monwealth's chief witness, was not an
expert, and that, instead of testifying
to what the books disclosed, he evolved
q theory from differences and partly
from outside information. The crime
charged, said Mr.. Watson, was con-
spiracy, and, curious to say. there was
only one person indicted. The Com
monwealth had utterly failed, he con-
tended, to connect the defendant with
the charges of conspiracy.
In the course of his argument, Mr..
Watson made the point that the prose-
cution admitted that not one cent of
interest on State funds had ever been
paid to Mr.. Quay. He argued that,
while some of the testimony offered
might be evidence against Messrs. Hop
kins and Haywood, it was certainly not
evidence against Mr.. Quay. The Com
monwealth had failed to show that Mr..
Quay had anything to do with induc-
ing Treasurer Haywood to deposit State
funds in the Peoples Bank.
Coming to the loan of 500, 900 to r.
r. Quay, Mr.. Watson pointed out that
this was a loan to another man, and
the Commonwealth had not proved that
ex-senator Quay even endorsed the
note.
The attorney quoted the laws relat-
ing to the duties of the State treasurer,
and said there was nothing to prevent
him from depositing the money in his
custody wherever he pleases. The law
r,rnh ihitG him frnp1 no mis- H.,
such deposit, but it does not prohibit
the depository FROM gaining profit: il
is expected that bank accepts deposits
for that purpose.
District Attorney Rothermel. in reply
to Mr.. Watson's argument. referred tc
his offer of proof, and declared that the
Commonwealth had proved the con.
sEiIacy completely within the line to
which the court limited it; namely,
the two years antedating November
18th, 1898. He said the letters of ex-
Senator Quay to Mr.. Hopkins were
proof of the conspiracy, as was also the
fact that, for the six months ended
October 31st, 1897, Mr.. Quay had the
use of S1S5, 600 without interest.
Judge Biddle said there were pre-
sented to him: First, demurrer to the
indictment; second, demurrer to tbs
evidence. As to the first, he would say
nothing, as the question had ALREADY
been decided by judge Of the Phila
delphia court Regarding the second
demurrer, the judge said, he was mo-
in position to discredit the testimony
offered by the Commonwealth, and hi
would, therefore. allow the case to %
to the jury, for them to decide.
NO EVIDENCE OFFERED BY THE DEFENCE
There was buzz of conversation il
the courtroom over this decision. ad
verse to the defence, and then the Qua,
lawyers got together, for a consultation
At the conclusion of this Whispered
talk, Attorney Shields made the an
nouncement that the defence woul,
offer no testimony whatever, and woul,
at once proceed to the addresses to tn
jury. In order to save time, Mr.. Shield
offered to waive the right to make th
opening speech. If the district attor
ney agreed, he said, he would allow tn
district attorney to go right on witt
his speech, and he would follow. All
This was agreeable to the parties con
cerned, and Mr.. Rothermel at one
started, in a calm manner, his attemp
to convince the jury that he had estah
lished the guilt of ex Senator Quay.
THE DISTRICT ATTORNEYS ADDRESS.
The district attorney, in opening, re
viewed the charges against Mr.. Quay
and read the law on the subject. III
crime, he said, was that of conspiracy
and, being born in secrecy, was, there
fore, difficult to prove II must invari
ably be proven by the acts of the cor
spirators, as it is almost impossible {
get the statement of one Of the cor
ON Rat raPs .tt,f, 30 H.
Mr.. Quay, politically. to State Treas
urer Haywood, he indicated that, if til
State treasurer received interest frol
the cashier, and Mr.. Quay che interes
on 5000, 600 from the cashier, the ma
ural inference was that these men ha
entered into conspiracy. There migf
be no direct evidence, he continued
but there should be no doubt that
conspiracy was conceived and carrie
out.
Mr.. Rothermel read Mr.. Quay's lett,
to Cashier Hopkins, directing the M
chase of 800 shares of Metropolita
stock. This, he argued, was unawfu
because the purchase was made vii
bank money, and no interest WI
charged He showed by the eviden,
that the State deposit during the 81
months ended October 3lst, 1887, range
from 1925, 600 to over 5000. 600, and thi
other loans were made to Mr.. Qua
without interest. The check of Nj
Hopkins to Treasurer Haywood, f,
81, $40, was discussed. Mr.. Rotherin
said the banks books showed tn
amount was the interest on State fund
less 20 per cent for the bank, and lie
interest on 5000, 600, for the use of M
Quay.
The red book he designated