The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-04-12
Question Of Admitting Books Of Bank
As Evidence.
His Attorney Argues
They Are Not Competent
Judge Biddle viii Give His De.
cision Today.

Philadelphia, April li.-In the trial of
what is regarded as the all important
contention in their light for his scquittal,
namely, that the books Of the broken Peo.
Plies bank, are 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 commonwealth case will necessari-
ly collapse.
In order to secure the most effective
presentation Of this phase of the defense,
MIR. Quay brought to his aid the skill of
David I. Watson OF Pittsburg, one of the
ablest attorneys in Pennsylvania.
MIR. Watson spoke with great force
for nearly two hours this afternoon.
The district attorney opened the pro.
ceedings In this phase of the case By
Offering in evidence the books of the
bank extending over number OF years
and along with them the account bucks,
letter press hooks and letters from Sena-
tor Quay and State Treasurer Haywood,
found In the desk of Cashier Hopkins af
ter that official had committed suicide.
He read a long summary of what the
books and papers showed and stated what
he expected to prove by them. to wit. that
through q conspiracy with Cashier Hop
kins, state treasurer Haywood and other
state treasurers ard possibly other offic-
ials Of the bank Senator Quay used GER
tain fixed amount of state money deposit
ted in the institution and received inter.
est on another fixed portion of the state
deposit.
Mr.. Watson commended that the mere
fact that bank clerks, with no personal
knowledge of the truth of what they were
writing, entered certain figures in a
book, which figures purported to repre-
sent interest paid to SenatorlQuay, was
NO proof that the money hau been re-
cieved by him or that there had been
any intention to pay 1t to him.
Mr.. Watson also attacked the indict-
ment, declaring it to be fatally defective.
Judge Biddle will probably decide to-
morrow whether the books Of the bank
are ad m issable.
II he decides that they are, Mr.. Quay s
lawyers will next take up the menloran-
dunn books and letters belonging to Hop
kins and oppose their consideration as
valid testimony.
Previous to the presentation of tue
bank books by MIR. Rotermel, the exami-
nation of Receiver Bsrlow was oonclud-
ed. He created a sensation by the state
ment that he had broken open the dead
cashiers desk and taken therefrom the
books and letters appertaining to the
Quay trial at the behest of u my Mysterious
Informant who spoke to him over the
telephone from Harrisburg and stated
that there was plan on foot to steal
the compromising document that night.
He was, he said, never able TO learn who
his mysterious friend was. The fact was
CLEANED from Mr.. Barlow that the bank
books and letters were practically in the
control of Judge Gordon from April un-
til September OF last year. He considered
this proper as Judge Gordon was the
confidential adviser of President Nc
Names of the bank.
Judge Gordon gave his testimony in a
quiet, convincing manner. He deprecat-
ed the stories of conspiracy against Sena-
tor Quay that have been persistently put
in circulation. He admitted that tho
papers had been photographed at his sug
gestion, but mercy for purposes of safe
ty. he also admitted showing them to
David Martin. the leader of the anti
Quay faction, to John Wanamaker and
to others.
Judge Gordon asked permission of the
judge 20 make a statement of his connsc-
tion with the case, hut the entire array
of Quay counsel objected instantly and
what would have undoub tedly proved In
teresting reading was thus shut off,