The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-04-16

In the Admission as Evidence Of Books
Found in Cashier Hopkins Desk.
District Attorney Rotherme1 Gains
His Point as to Admitting the
Red Book Through the Testi-
mony of Expert Goldsmith,
Judge Biddle Deciding That it
Was Part of the Peoples
Banks Books.

Was Part Of the Peoples
Banks Books.
PHILADELPHIA, April Is. = The
prosecution in the trial of ex-United
States Senator. Quay succeeded to-day
in having admitted as evidence the
books found in Cashier Hopkins desk
after the Peoples Bank failure, and cn
the pages of which the Commonwealth
allege will be found evidences of con-
spiracy between Mr.. Quay, late ex-State
Treasurer B. j. Haywood and John 5.
Hopkins, the dead cashier. These books
are the famous red book" over which
the legal battle as to its admissiDility
has waged since the early part of the
week, and which ended to-day III COM
plete victory for the prosecution. and
the others are those known Us the
black book and the ''blue book
In the red book, it is charged by the
prosecution, will be found calculations
by Hopkins of interest on State funds,
on which interest was paid to State
Treasurer Haywood and to Senator
Quay.
The "black book contains records
and entries pertaining to stock trans
actions alleged to connect The defendant
with Hopkins in using State funds for
speculation.
The blue book is asserted to be a
record of individual loans made by
Cashier Hopkins, and it is charged that
it will show that Senator Quay was
loaned money without security.
Throughout the week there has been
skirmish after skrmish between coun
sell as the line drew closer to the red
book. The placing on the stand ysster
day by District Attorney Rothermel of
Meyer Goldsmith precipitated the bat
tie which routed the forces of the de-
Tense on the point at issued.
The decision was based entirely on
the answer of the expert to the question
DO you, in your opinion as an expert,
from an examination of the book known
as the red book consider it a book of
the bank? ?" and Mr.. Goldsmith's reply:
1T is undoubtedly a book of the bank"
The combined wisdom and skill of Mr..
Quay's counsel was directed at the wit
ness in cross-examination- He was
made to admit that there We're many
clerical errors. in the book; that the
pages were not numbered; that many
OF the entries were in lead pencil; that
he never knew of bank keeping entries
in such a manner, and that the banks
regular books contained no reference to
the red book
1t was just after the expert had fin
ished his testimony to-day that the
forces lined up for the final test. David
Watson Of Pittsburg, in a clear. COM
pact and concise manner, presented the
objections in a mastery and eloquent
manner. The District Attorneys re-
ply was remarkably brief and to the
point. He maintained that 1t was
book of the bank. according to an ex-
pert, because a thorough understanding
of the affairs of the bank could not
be reached without it.
Judge Biddle's decision sustained the
District Attorney.
At the close of yesterdays proceed
ings Goldsmith was on the stand, and
was being examined by District Attor-
ney Rothermel with reference to what
the book showed. Mr.. Goldsmith again
took the stand this morning, and as an
indication of the purpose of opposing
counsel to contest every question which
might bring the contents Of the book
before the jury before its edmissi5ility
had finally been determined, the first
question by the District Attorney was
objected to, and after a spirited argu-
ment the defense scored a point. The
question was:
What period of time is represented
by the calculations in the red bonk?'"
During argument, the District Alter
ney Indicated that he pusposed &c show
Inv no Ia ho LOT
were made at intervals of six months,
each date being a regular settlement
day of the Peoples Bank.
Mr. Goldsmith was stood aside for
the present.
The District Attorney then offered in
evidence a check of S1,529 signed by
John S. Hopkins, cashier, to his own
order. and Endorsed by John S. Hopkins
and Benjamin Haywood. This led to
another vigorous objection by the de-
fense which the court overruled. In
so doing Judge Biddle spoke at length
to- Mr.. Quay's counsel on the number of
useless objections made by that side
on the general basis that the offered
evidence did not refer to Mr.. Quay. He
said it was not a question of Mr.. Quay
alone, but conspiracy, and if the evi
Qence OHereQ Qld not lmplicate Mr.. |
Quay no harm would be done
Turning to the court, Mr.. Rothermel
said: And now, your honor, 1 offer in
evidence the book known as the red |
book as one of the books of the bank
Mr. Quay's counsel Immediately OBJ
jected. on the ground that it was mot |
a book of the bank
Mr.. Watson, after introducing the |
general proposition of the defense's OBJ |
lection. turned to the testimony of |
and, taking that portion in
which an entry for $685. 10 in the red |
book was compared as being similar
to a like entry in the regular books, |
said:
THE prosecution declares that, be-
cause of this, this book is a book of |
the bank. A comparison between these
items show a difference of four months |.
in the dates in the two books. The
to prove the red book by
such testimony is a most startling one.
Then" he continued, there is the
item of $1,519. That isl a very peculiar
item. We find it in the red book at
the bottom Of a page, written in lead
pencil. All the other entries on this
page, with the exception of two, are