The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-12
Is Made on the Admission OF
the Books
Of the Peoples Bank as Evidence
In the Case.
IF HE CAN SUCCEED
In Having Them Ruled Out by
the Court
The Whole Case Against Him
Collapses.

Philadelphia, April 12.-when court
opened for the third day of the trial of
ex-United States Senator Quay there
was indication on all sides that the cru
cial point in the whole proceedings had
been reached, namely the question OF
the admission of the books of the bank
as evidence and especially those dOcu-
ments found in the private desk of
Cashier Hopkins. The argument made
yesterday by David T. Watson, coun-
sci for Mr. Quay in opposition to their
admission generally and specifically to
the private letters written by Quay to
Hopkins, which were identified by Tel
Ter Tabor. was the subject uppermost in
the public mind
A decision in favor of the defense vir-
tuaIly means the collapse of the trial.
while the admission of the books may
prove a serious blow to the defendant.
The latter accompanied by his son
Richard reached the court room ten
minutes before the opening and before
any of his counsel He gave visible
sign that he was at all disturbed by the
question about to be determined by the
court. Judge Riddle took his seat
promptly at 10 o'clock and after the
jury had answered to their names. Dis
trict Attorney Rothermel began his re-
ply to Mr.. Watson. urging the admis-
sion of the books of the bank
His first point was that all manner CT
criminal charges are established and
proven by circumstantial evidence. the
crime of conspiracy being frequently
proven in this way Mr. Rothermel bore
strongly on the continued payment OF
interest on the commemorative deposit
in the Peoples bank to Senator Quay
He offered to prove by letters and tele-
grams that Mr.. Quay was borrowing
money from the bank for the purchase
of stock and that he paid no interest on
these moneys.
This continued loaning of money, Mr.
Rothermel contended was in further
ance of the conspiracy between Cashier
Hopkins, State Treasurer Haywood and
Senator Quay. He first took up the
period for six months ending october,
1897. when the commonwealth s deposits
varied from S525. 600 to 1855. .0OO- During
this time he said Mr.. Quay had a loan
of $1s5. 600 and paid no interest He pro-
posed to show by the writing in one of
the books the now famous ss.Red book, =
that Hopkins had carefully computed
interest on the deposit not used by
Quay which interest was divided into
three parts. two of which were dePosl-
ted respectively to the credit of Hay
wood and Quay, the remaining part go
ing, it was alleged to c. H Mckee OF
PittSburg. He proposed to show the
very scheme he said which was adopt
ed to conceal the operation from the
other clerks of the bank
Following this he quoted number Of
opinions on the subject of conspiracy
and the manner in which it may be
proved He combatted the contention
of the defense that the statute of limi-
tatlOn barred hucn OI lnE AAidNtfA
charged against Quay, quoting the su-
prame court to show that chain Of cir
cumstances and transactions extending
back indefinitely might be used to Sc
cure a conviction, Notwithstanding the
statute limiting the prosecution to acts
committed within two years
AGAINST QUAY.
Judge Biddle decided that the books
of the bank are admissible as evidence
He stated that he was not satisfied.
however that the red book" was
proper testimony against the senator
since it was not found among the reg
uIar bank books 1t has not yet been
regularly offered in evidence and the
question of its admissibility will be de-
cided when it is presented
The district attorney next endeaVored
to induce the defense to admit that GER
tain books in another room, day books.
Iedgers minute books. etc. were books
of the banks. Counsel for the defense
said: We will admit nothing, and
insist on the commonwealth proving
each separate book Judge Biddle en-
! deavored to have counsel reach some
/ amica BILE agreement and thus avert the
necessity of bringing the books into
! the court room and proving the entries
/ in each book Counsel could not agree
/ on a satisfactory plan and after a half
hour of fruitless argument the district
| attorney ordered the books brought in
| to court.