The record-union., 1899-04-13
Ex-Senatct Quay GaIns a Partial
Advantage in the Trial
BY the Courts Refusal at Present to Admit
The Red Book as Evidence.
Defendants Attorneys Disappoint-
ed, However, at Their Failure to
Secure the Exclusion of All
Books of the Bank, Which
Judge Biddle Ruled Were Ad-
missabIe

PHILADELPHIA, April 12.-Ex-
Senator Quay gained partial advah-
tage in court to-day by the apparent
refusal of Judge Biddle, for the pres
ent at least, to admit as evidence the
famous "red book which has figured
so 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 insti-
tuition had closed its doors and that
individual had taken his own life.
1t is an ordinary day book, twelve
pages of Which are devoted to what the
prosecution claims to be Hopkins rec
ord of his transactions in money de-
posted by the State Treasurer for the
advantage of Senator Quay. 1t con-
tains entries extending over several
years and figures are written in II
which apparently show the calculation
of interest On sums of money approx
imating the State deposit, less certain
deductions for the benefit of Senator
Quay These figures, the prosecution
alleges were posted from the red
book to the regular register of the bank
containing Quay's account.
In passing upon the question OF the
admissibility of the red book, Judge
Biddle said: 1T does not strike me
that knowledge of the book has been
brought home to Quay. 1t was not
found among the books of the bank at
all. 1t was found in drawer, not IN
the ordinary shape in which books OF
a public institution are kept, but crowd
ed in with a sort of rubbish. and an in
vestigation of that book revealed these
figures I am not satisfied, therefore,
that this book has been made competent
evidence against Senator Quay"
This decision was part of an oral opin-
ion by the Judge in which he estab-
lished the point that the regular books
Of the bank were admissible as testi-
mony District Attorney Rothermel
quickly saw the advantage 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 admis-
sion of the red book" and had rot
formally offered it in evidence, and
might not find it necessary to make
such offer. Judge Biddle replied that
he had understood the argument of yes
terday and this morning to be on the
admission of all the books and papers,
but in view of Mr.. Rothermers state
In6Ill lC MOQ1ti AftAiiO2Si Ills CNN NN-SAOiAtOf =
this book until it is regularly offered
and the question argued. Counsel for
Mr. Quay, seeing their advantage, in :
sisted that they had included the red
book in their argument against the ad-
mission of the books. but the Judge
dismissed the matter for the present.
The Commonwealth contends that all
though the red book was kept by Cash
ier Hopkins in a separate compartment
away from the eyes of the other en-
ployes, it was necessarily a part of the
bookkeeping system of the bank, and
it will have to be admitted to corrob-
crate and explain entries in Senator
Quay's account in the ledger.
The lawyers fer the defense were evil
IDENTIFY disappointed at their failure to
secure the exclusion Of all the books of
the bank, and thus practically destroy
the case of the prosecution.
The letters are in Senator Quay's
handwriting, with one or two excep-
tons
When court opened for the third day
Of the trial there was indications on all
sides that the crucial 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 documents found in the
private desk of Cashier Hopkins. The
argument made yesterday by David T.
Watson of counsel for Mr.. Quay in op
position to their admission, generally
and specifically to the private letters
written by Quay to Hopkins which
were identified by Teller Tabor, was
the subject uppermost in the public
mind.
A decision in favor of the defense vir-
tually meant the collapse of the trial,