The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-04-15
Proceedings
In Quay Case

IConcludcd from Page IL
which interest on state funds was cal
culuted.
In reply Mr.. Shaplcy said the wit
nesses'S testimony would he a Coniec-
turc. The commonwealth. he said, has
called all the officers and employees or
the bank, with the exception of Prcsi-
dent McManes, and has failed to have
one of them identify the red book" as
one Of the banks books. He quoted a
number of opinions as TO how far an
expert can go in testimony
MIR. Shields followed IN argument on
the sustaining of the objection, and
after endorsing his colleague on the
general object of the expert testimony
he said the witness never saw the red
book" until after the arrest of Mr..
Quay. He read Judge Biddle's decis-
ion of Wednesday admitting the books
with respect to their being records,
when the Judge said he was not yet
satisfied that the red book is COM
potent evidence against Mr. Quay, but
afterward withdrew the latter state
ment. He also dwelt at length on the
fact that none of the bank officials
or clerks had identified the book but
instead it fell from their lips that none
had ever seen 1t before.
"Red Book" Part of the Conspiracy.
The district attorney acknowledged
that none of the clerks had ever seen
the book because it was the purpose
of the cashier in furthering the con-
spiracy to keep the book from the 9TH
or employees. In October, 1891, he said
the system whereby the clerks were
aware of the transactions was changed
by Hopkins for the very purpose of
deceiving the clerks and the red
book" began its "iniquitous existence"
The red book" he insisted, is a part
of the bank books, and entries in the
ledgers cannot be explained or under
stood unless it is admitted.
Mr.. Shields asserted that not single
entry in the red book" corresponded
with an entry in the regular bank
books.
The district attorney replied that ev-
cry entry in the red book CORE
sponded to an entry in the ledgers and
cash books.
This ended the argument and every
body gave attention to Judge Bdde
for his decision.
Judge Bddle decided against the de-
fence. His decision on general grounds
| was that the witness Goldsmith should
| be permitted to testify as to entries
in the red book" and their connec-
| ton with the regular books of the
/ bank. This decision practically ad-
mts the red book as evidence
| against Mr. Quay
Afternoon Session.
After the recess the expert, Gold
| smith, was called to the stand. Mr.
Shields moved that before the prose
| Cution examine him he be permitted tC
| examine the witness as to whence and
| from what source he obtained the in
| formation upon which he is expected
to give an opinion. The judge over.
! ruled the motion and the district at.
| torney proceeded
The witness said he had been a pub.
lie accountant for thirty wears.
rs this book, the red book, in youl
opinion. a book of the bank?" inquired
the district attorney.
Objection by the defence and over,
ruled by the court.
"It is undoubtedly a book of tho
bank" said the witness.
Under cross examination Goldsmith
said that two of the accounts in III,
books of the bank already in evidenc,
are incomplete, out of upwards of on,
| thousand accounts. He said he Wat
prepared to express the opinion tina
these books We're complete SO far a
the incomplete accounts are made in
tellighle and complete by the entrie
in the red book"
He explained this by saying that tn
entries made in the red book" explain
and reconcile the differences in thos
accounts that are Incomplete in TIL
books conceded to be a part of tn
banks system of bookkeeping.
Mr.. Shields asked another question
whether the statement "reConCiled tn
accounts" was merely the persona
opinion Of the witness and based only
inference. The district attorney pro
etsted and Mr. Shields, turning sharp
ly towards him, said: Nov, don't g
hunting for fight or you will get it,"
Il am not alarmed, Mr.. Shields
suavely replied the district attorney
Il can take care of myself"
Parties of this sort We're frequent dur
ing the examination.
You must not direct us, were muC
older than you are" said Mr.. Shaple
to Mr. Rothcrmel.
"YOu are not sorry are you?' re
Joined the undisturbed district attor
ncy.
Thc protest was sustained.
The ross-eXaminatiOn resumed tn
vitnrss said there was not IA line Z
reference in any of the banks book
to what was contained in the IRE
book" but in reply to the next queS
tion he said there was a reference /
the red book to what, in his opir
ion, was in one of the banks books
This book, the witness said. was III
cashiers stub check book. The line h
said Yves at the bottom of a pag
where the amount $l,5l9 was entered
and alongside II were tho words pal
, by cashiers check l1-i-9I.
Red Book" Entries.
; The witness admitted that the "re
book" entries were of transactions {
months before and in most instance
[ six months. In explanation of his aT
swer the witness said the calculation
, were made at the end of every 81
| months and. so far as that time
Q | concerned with respect to the transat