Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-13

matter. To use phrase, it was de-
post with a string tied to it.
In regard to the admission of the
books Of the banks, it is true that no
bank can make a person debtor SIM
ply by entering an amount in the
banks book. on the other hand, sup
pose a man is a depOsitor in bahk
and the records Of his bank book shows
he is credited with certain money anu
draws checks against it and all the
money is not his. that also makes
difference. All criminal offences are
not committed 81 as to be patent to
any mere passerby. There Is always
concealment. The question is whether
these books show all that the com
monwealth proposes to prove. The
commonwealth. however, has clearly
the right to show the true nature %
thi. deposit. and l think the books of
the bank are admissible.
as To the red book. that occupies 4
different position. Il was not found
among the other books Of the bank but
was in Hopkins private desk. am not
satisfied il is competent.
Hero the district attorney interrupted
the court to state that he had not argued
on the question If the red book" in par
ticuar but on the banks books generally.
Judge Biddlc said he had been under the
impression that the commonwealth was
discussing the question. but if counsel
preferred the matter could he argu"
when the occasion arose. This Will proc
ably be when the book IS offered in evil
denCe.
Counsel for Mr. Quay filed an exception
to the ruing of the court on the admitted
documents.
Mr. Rothermci read the letters which
We're written to HOPKINS by Mr.. quay
ana which had been printed giving the
cashier instructions how To proceed in
certain stock transactions ana requesting
him in some instances to obtain n"
money necessary to purchase other stock.
TO each Of these letters the defence for
mally objected on the ground Of irrelc-
vance The objection was overrulcd ana
an exception noted in each instance Ar
gument between counsel followed the
offer of the letter dated July 81 1896 from
State Treasurer Haywood to President
Mechanics of the bank, the defence object
ing on the ground that Haywood was
dead and was not a defendant and that
ii was inadmssiblc because of the stat
ute of limitations.
The letter in question advises the bank
that upon the granting of loan Of $l"".
900 to Richard r. Quay. the state deposit
VIII be increased from $50000 10 S60o0oO,
and not reduced until the Quay debt is
paid. Accompanying the letter is a note
for 100000 signed by State Senator Ar
thur Kennedy and Richard r. Quay. and
endorsed by Senator Quay. and Mr..
ROthermel proposes to show from the
minute book Of the bank that the dircc-
| tors agreed to make the loan upon the
production Of a certain letter from Hay
wood, the letter being the one II ques-
| ton.
Mr. Rothermel SAID the note was moi
| paid until after the failure Of the bank in
! 1893. The judge admitted the letter.
| Geo. 5. Graham, who was district attpr-
| ney when the prosecution was first
brought against Mr.. Quay, identified two
| which he said Mr.. Quay admitted having
sent to the cashier. one Of these is the
| Plum Tree telegram, which reads:
| IF you will buy and carry 1900 Met. foi
| me. will shake the plum tree The
other reads: Get out at a profit. ! CHECK
| on YOU for seven thousand Both wcr,
sent from ST. Lucic, Fla. in February o
| last year.
Mr., Quay's lawyers showed no DISPOSE
thai Senator Quay admitted that he sen
them. bat entered the usual objection t.
their admission.
Albert l.. Tabor the receiving teller %
The bank was recalled for the purpose .
identifying the entries in the bank books
The apparent hopeIeSsness Of reaching
4 b" end Of this character Of testimon,
| lea both Judge and counsel To again max
I'm effort to adjust matters. After dis
,uSSion the district attorney suggested Al
| adjournment until tomorrow. In tn
meantime conference Of counsel is 4
hc held The court then adjourned unit
| tomorrow.