The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-27
ARRAICNED.
The Trial of G. s. Senator NJ.
s. Quay
Of Pennsylvania and His Son
Richard s. Quay
FOR MISUSING FUNDS
OF the State OH Deposit in the
Peoples Bank
Begins in Philadelphia County
Court Today.

Philadelphia, Feb. 27.-The oft post
poned trial of U. S. Senator Matt S.
Quay and his son Richard S. Quay on
the charge of the misuse of the state
funds on deposit in the Peoples bank
for their own profit and gain was begun
today before Judge Better in the court
of quarter sessions Of Philadelphia
county.
The original charges upon which the
warrants of arrest were issued on Oc-
tober last included in addition to the
senator and his son the names of Char
les H. Mckee, a Pittsburg lawyer and
State Treasurer Benjamin H Haywood
The grand jury failed to indict Mr.. Nc
Kee and the charges against him were
therefore dropped. Mr.. Haywood dled
on Thursday last at Sharon, Pa, and
Senator Quay and his son are alone left
to meet the charge of conspiracy.
A fifth person accused of connection
with the alleged conspiracy was John >.
Hopkins who committed suicide in
March last, several months before
charges were made against the others.
Hopkins suicide led to an examination
of the books of the bank and 1T was
found that assets were seriously inn
paired. The bank went into liquidation
and Thomas w. Barlow was appointed
receiver. At that time the deposit of
state funds in the bank amounted to
$905, ,000 James McManes, president Of
the bank, assumed personally the pro-
lection Of all creditors and the state
and all other creditors have since been
paid the full amounts due them.
Though interest in the trial was in
tense throughout the city there was no
crowding in the court room because of
an order issued by the court that only
the lawyers directly interested in the
case, the panel of witnesses and a linn
tied number of newspaper men should
be admitted.
Senator Quay with his son entered the
AnnOmn9niR6 their n
Sel Rufus E. Shapley, A. S. l.. Shields
and David T. Watson of PittSburg. The
to those in attendance as it was gem
orally understood that he had retired
from the case.
District Attorney Rothermei and his
assistants held a brief consultation at
| the conclusion of which the district at
torney rose and addressing the court,
said that for reasons which he did not
care to state at present he desired that
the trial of the Messrs Quay be post
pOned. He was not ready to proceed
with the trial now. He stated further
that as the judges of the court would
be engaged for the greater part of the
present month in hearing the liquor
license applications he would ask that
the date for this trial be fixed for April
10.
Mr.. Shapley, of counsel for the defense,
opposed the motion. He said their wit
neSseS had been subpoenaed and every
preparation made to bring the trial to
ment at this time, he said, would cause
great Inconvenience and would be unfair
to his clients.
Judge Better, however, announced
that he would grant the motion, mas
much as the district attorney was not
prepared to proceed and named April 10
as the date for the trial.
Senator Quay on leaving the court
room expressed his disappointment at
the unexpected deferring of the trial.
He declined to discuss the matter fur
ther, simply adding that he was ex-
tremely anxious to have the case dis
posed of and he had hoped that it would
have been taken up today and quickly
brought to a conclusion. District At
torney Rothermel when seen after the
trial refused to state the reason for his
request for postponement. Mr.. Shapley
was considerably perturbed over the
postponement. He said after leaving
the court room that his clients and
himself and associate counsel were fully
prepared for the immediate trial of tho
case and confident of their ability to
dissipate any evidence which might be
presented by the prosecution.
There could be but one result and that
would have been acquittaL
Touching on the evidence adduced at
the preliminary hearing Mr.. Shapley
said the prosecution had placed much
Importance on the entries in the memor
andum book of Cashier Hopkins, which
showed a number of credits to the ac-
count of Senator Quay and indicated
many transactions between Hopkins
and the senator. Information had re-
Gently come into the possession of Mr.
Shapley, which he declared proved con-
clusively that these entries were wholly
false. They would never be admitted as
evidence by the court as their falsity
could be clearly proven. Investigation,
he continued, had shown that Hopkins
for long time had been defrauding
Senator Quay and many entries in the
memorandum book found in his effects
had been made for the purpose of de-
ceiving not only Senator Quay but also
the officials of the bank Mr.. Shapley
said he entertained no doubt of the
prompt acquittal of his clients when the
case shall come to trial
Mr.. Shapley further stated that the
few books of the Peoples bank in ex-
istence are in such condition that it is
impossible for any living person to tell
anything about Senator Quay's ac-
count or of the accounts of any other
person. The books in existence have
been torn out and the remaining pages
have been deliberately falsffied and
forged to such an extent that they
would be held inadmissible by the court
court.