The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-04-18
THE QUAY CASE
Temporary Advantage Gained by the
Defence-The Bank Books Admitted
in Evidence

Temporary Advantage Gained by the
Defence-The Bank Books Admitted
IN Evidence
Philadelphia, April Ex-senator Quay
! gained a partial advantage in court to-
| day by the apparent refusal of Judge
| Biddle, for the present, at least, to ad-
| nit as EVIDENCE against him the ia
| NOUS 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 institu-
| ton had closed its doors n that in
dividual had taken his own life. 1t is
an ordinary day book Twelve pages
are devoted to what the prosecution
charges is Hopkins record OF his tran
sactions in money deposited by the
state treasurer for the advantage OF
| Senator Quay. 1t contains entries eX-
| tending over several years and figures
are written in it which apparently show
the calculation of interest on sums OF
money approximating the state de-
! post, less certain deductions, for the
| benefit of Senator Quay. These fig
uies. the prosecution alleges, we're
posted from the red boo to the
| regular ledger of the bank containing
Senator 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 Senate Quay. 1t was
not found among the books of the bank
at all. 1t was found in a drawar, not
in the orderly shape in which books
Of a. public institution are kept, but
crowded in with a sort of rubbish, n
| 90 ,~ryo ~ tho hooly oxy1o1nl
these figures. I am not satisfied, there
fore, that this book has been made
competent evidence against Senator
Quay" He sale he would withhold
his decision on this book until it is
| regularly offered in evidence. The reg
ular books of the bank were admitted
as testimony.
The lawyers for the defence were ev-
identity disappointed at their failure to
secure the exclusion of all books of
the bank n thus practically destroy
the case of the prosecution.
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 court
as needed. The defense would not con-
sent to this and the matter was still
under discussion when court adjourned
until tomorrow.
Philadelphia, April 13.-PrOceedings
in the trial of ex-senator Quay today
were tedious, but, nevertheless, inter-
esting in their bearing upon the future
of the case. District Attorney Rother-
mel placed Upon the stand in success
sion the paying teller, the receiving
teller and the bOokkeepers Of the brok-
ID POple's bank, to prove the books.
All of these, in answer to questions,
made reference to Senator Quay's ac-
count and the bookkeepers said they
had entered the figures, but none of the
books were oponed to show what the
nature of the account vas. This Was
done later. All of the bank employees
on cross examination stated that they
had never seen Senator Quay's deposit
book and they did not believe there
was ont.
The most interesting witness of the
day was Clay Kemble, son of William
H. Kemble, deceased, the founder Of
the Peoples bank. Mr.. Kemble was
assistant cashier and a director as
we'll. He did not take a very active
part in the operation of the bank, be-
ing there as a representative of his
fathers estate. When asked what
Hopkins duties were he replied: He
was the whole bank"
While this witness was on the stand
the district attorney gained a signal
victory by securing the admission of
the minute book of the bank in which
Cashier Hopkins kept a record Of the
meetings of the board of directors. The
particular entry bearing on the Quay
case which the district attorney was
anxious TO get in is under date of Au-
-,.@ o 1OnH IT, -o1l~, STL1 o~1xy 0ffn6
ing for a loan before the board was the
note of (Senator) Arthur Kennedy and
r. R. Quay, Endorsed by M. S. Quay,
agreed to make this loan provided R.
r. Quay compiled with the presidents
request for a certain letter"
The certain letter is the one which
is regarded as the most damaging evil
dence against Senator Quay's son. It
is as follows:
Commonwealth of Pennsylvania,
Treasury Department,
Harrisburg, Pa, July 81, 1896.
James M'Manes, Esq. Peoples Bank,
Philadelphia, Pa.
Dear Sir:-On Monday we will mail
you a check for 800, 900 for credit of
commonwealth of Pennsylvania gen.
eral fund, which will make a credit to
our account of $500, 900. The under
standing is that I am not to draw
against any part of this deposit until
the Hon. r. r. Quay has paid or ar
ranged satisfactorily to you the loan of
$4,000 which you are to make him
next week.
Very truly,
"B. ]. HAYWOOD,
Estate Treasurer"