The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-12
QUAY TRIAL
CLOSELY FOUGHT
The Question on Which Case Depends
Brought Up.
ANOTHER LAWYER ENGAGED
Receiver Barlow Makes Sensational
Statement.
THE TRIAL PROCEEDING SLOWLY
Barlow Claims He Broke Open Dead
Cashiers Desk and Found the
Letters Appertaining to
Quay Trial.
THE TRIAL PROCEEDING SLOWLY

| Philadelphia, April lin the trial of ex-
| Senator Quay today his lawyers began
what Is regarded as the all important con-
| tention in their fight for his aequittai,
namely, that the books of the broken Peo-
| pies bank ars-not competent testimony
| against the accused man and therefore
| should not be admitted in evidence. On
the decision of this point rests the entire
fabric of the prosecutions case. Should
Judge Biddle decide the point well taken
the commemorative case will necessarily
collapse.
In order to secure the most effective pre-
sentation of this phase of the defense, Mr.
Quay brought to his aid the skill of David
K Watson, of Pittsburg, one of the ablest
attorneys in Pennsylvania and ranking, in
fact, with the best in the country. Mr.
Watson spoke on this subject for nearly
two hours this afternoon and had the ut
most breathless attention in room filled
with the legal lights of the local and state
bar. Many of these lawyers expressed the
opinion that Mr.. Watson made a very
strong argument, but what it's effect would
be on the judge remains to be seen.
Mr.. Watson contended that the mere fact
that bank clerks, with no personal knowl-
edge of the truth of what they were writ
ing entered certain figures in a book,
which figures purported to represent inter-
est paid to Senator Quay was no proof that
the money had been received by him or
that there had been any intention to pay
1t to him. This argument Is in line with
the defences contention that Mr.. Quay was
the victim of Hopkins, who used the sena-
tors name to cover up his own Illegal
transactions. Mr.. Watson also attacked
the indictment, declaring 1t to be fatally
defective.
Receiver Barlow created a sensation by
the statement that he had broken open
dead cashiers desk and taken therefrom
the books and letters appertaining to the
Quay trial at the behest of a mysterious
informant who spoke to him over the tele-
phone from Harrisburg, and stated that
there was plot on hand to steal the COM
promising documents that night. He was,
he said, never able to learn who his mys-
FERROUS friend was.
Five minutes before court opened the ex-
senator and his Richard came in. Mr..
Quay was smiling, and his features bore
hopeful expression he responded to the
greetings of friends. He sat quietly through
the entire session and was apparently The
most unconcerned person In the ROOM
Nearly half an hour was spent in the ar
rangement of papers and consultations
among counsel before the business of the
day began.
Thomas W. Barlow, the receiver of the
bank. who was on the stand at adjourn
ment yesterday and identified the books
and papers found in the bank upon assum-
ing his duties, was cross-examlned by Mr..
Shapley, of counsel for Mr. Quay.
Mr.. Shapleys questions apparently In
dcated his purpose to prove the whole fab
rio of the charges against Mr.. Quay the
result of conspiracy. After bringing out
the fact that Mr.. Barlow was assistant to
Former District Attorney Graham during
the time he acted as receiver and was busy
with other duties, the witness was told to
tell all the circumstances of his removal
of certain letters, papers and books from
the private desk of Cashier Hopkins.
Among these books In the one Hopkins COM
puted were state funds which he deposited
to Mr.. Quay's credit. The paper also in
cluded the Quay letters, among them the
plum Tree document
Mr. Barlow, In reply, said: "On March
20 a person in Harrisburg whom I did not
then and do not now know spoke to me in
this city over the long distance telephone.
He said: L want to say to you that an
attempt will be made tonight to take GER
tain documents out of Hopkins desk, so
they had better be taken by YOU As a
result, went to the bank accompanied by
a policeman, broke open the desk and took
them OUT
The witness said he notified Judge Cor
of his intention, the latter being private
and confidential adviser to James Nc
Names, president OF the bank. For about
three hours that night he left the docu-
ments in possession of Judge Gordon in a
trust companys office. Afterwards these
papers were virtually in Judge Gordon's
custody until early in September
Barow explained that Mr.. Mechanics had
agreed to pay the expense of the bank and
as Judge Gordon was his friend he con-
sidered it perfectly proper that the judges
should know of the contents of the books
and papers.
Mr.. Barlow denied knowledge of the pho
tographing of the Quay letters FOR the use
OF his political opponents. He said he did
not know that they had been taken to a
hotel by Judge Gordon and shown to Da-
vid Martin, or that Judge Gordon and John
Wanamaker had taken them to New York
and shown them to Democratic National
Committeeman James NJ Guffey, in an ef-
fort to make Judge Gordon the democratic
candidate for governor of Pennsylvania last
year.
Mr. Barlow denied that before receiving
the anonymous message from Harrisburg
Judge Gordon had opened the private desk
and examined the books and papers. He
thought State Banking Examiner Gilkison
knew of the existence of the documents and
had seen them prior to their coming into
his tBarlow's) possession He stated that
early in September last ne showed them to
Artorney-General Mccormick in Harris
burg.
Mr.. Shapley asked witness II the attor-
ney general had not told him that there
was nothing in them on which to base a
civil or criminal action. The question was
objected to by the district attorney, and
the objection was sustained.
Witness denied that any money or securi-
ties of the bank had been in the possession
of Judge Gordon. He also denied positively
bat yya Wv n
broke open the cashiers desk.
On redirect examination Barlow said
Banking Commissioner Gilkison had pos
session of Hopkins keys and had unlocked
the private desk and examined its con-
tents two or three days before he was APP
pointed temporary receiver.
The .'red book was handed to Mr.. Bar
loY and he declared emphatlcally that It 10