Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-13
POINT FOR QUAY.
Judge BiddIe Rules Against
the Famous RED Book"
Though, Prosecution Insisting, He Will
Further Consider the Matter.
Other Books Of the Peoples Bank Ruled TO
Be Admissible.

Philadelphia. April Ex-senator Quay
gained partial advantage in court.
today by the apparent refusal of Judge
Biddle. for the present at least, to adj
nit as evidence against him the ia
nous red book" which has figured 50
prominently in the trial and which is
alleged to contain the key to the case
of the commonwealth. This book was
found in the desk of Cashier Hopkins
of the Peoples Bank. after the institu-
ton had closed its doors and that in
dividual had taken his own life. Twelve
pages of it are devoted to what the
prosecution charges is Hopkins record
of his transactions in money deposited
by the state treasurer for the advan-
tage of Senator Quay.
In passing upon the question of the
admissiblity of the red book Judge
Bddle said:
1T does not strike me that the
knowledge of the book has brought
home to Senator Quay. 1t was not
found among the books Of the bank at
all. 1t was found in a drawer. not in
the orderly shape in which books of a
public institution are kept, but crowd
ed in with a sort of rubbish, and an in
vestigation of the book revealed these
figures. | am not satisfied. therefore.
that this book has been made compe-
tent evidence against Senator Quay"
This decision was part of an oral
opinion by the judge in which he es-
tablished the point that the regular
books of the bank We're admissible as
evidence. District Attorney Rother-
mel quickly saw the disadvantage the
latter part of the opinion placed him in
and he sprang to his feet to assure the
court that he had not argued for the
admission of the red book had not for
mally offered it in evidence and might
not find it necessary to make such
offer. Judge Biddle replied that he had
understood the argument Of yesterday
and this morning to be on the admS-
sion of all the books and paners but
in view of Mr.. Rothermels statement
he would withhold his decision on this
book until it is regularly offered and
the question argued.
All of this was after the lawyers
argued at cross purposes on the man
ner of introduction of the bank books
The district attorney wanted to avoid
the physical inconvenience of bringing
into the court room several wagon
loads of ledgers and account books
asking that they be identified in "A
lump and separate books brought into
the court when needed. The defence
would not consent to this and the mat
ter was still under discussion when
court adjourned.
After Judge BiddIe had taken
1t. Ip,,tl
mel began his reply to Mr..
Watson. of counsel for the defence
urging the admission of the books of
the bank.
Mr.. Rothermel bore strongly on the
continued payment of interest on the
commemorative deposit to Senator
Quay. He offered to prove by letters
and kilograms that Mr.. Quay was Dor
rowing money from the bank for the
purpose of stock speculation and that
he paid no interest on these monies.
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 Octo-
Der. 1897, when the commonwealth de-
post varied from s525.000 to 1865, 900.
During this time. he said. Mr.. Quay
had loan of 1885, 900 and paid no inter
est He proposed to show that Hop
kins had carefully computed interest
on the amount of this deposit not used
by Quay which interest was divided in
to three parts. two of which were de
posted respectively to the credit %
Haywood and Quay. the remaining
part going it was alleged to G. II. Me
Kee of Pittsburg.
Mr. Rothermcl said H. would shnv
that. oct. L. 1897, Mr.. Quay was in
debted to the bank as endors"r for hi
son in the sum Of 100000 and how tina
debt was created. He would show tina
the board Of directors agreed to dis
count that note provided a certain let
ter was obtained from State Treasure
Haywood guaranteeing the deposit q
an equal amount.
on the question of the books not be
ing competent evidence because entire
in them involving Senator Quay wer
made by third parties. Mr.. Rothcrmf
maintained that all such entries mad
contemporaneous with the acts the
related to can he admitted as cirCun
stantial evidence
Mr.. Watson replied to the district al
torneys argument. He drew the after
ton of the court to the points he raiS"'
yesterday. First, that the guilt of Hay
wood. Hopkins and others is not undo
discussion in this case, the two name
being dead and the others not under il
dictment.
Second. that in tn" indictmci
against Mr.. Quay he is charged wit
using state funds when under the In
state money deposited in a bank b
comes the property of the bank. al
consequently the defendant cannot
tried on that charge.
Third, that the books are not a
MISSILE and competent to prove VIII
the commonwealth say they will prov
as they We're made by clerks who kne
nothing about their purpose and tn
were not authorized by Senator Qua
Mr.. Watson insisted that as acts
other people could not be urged agair
Quay. This concluded his argument
Judge Biddle. in his opinion. said tn
the. commonwealth has the right to
post money in bank and that it tn
ceases to be money of the commO