The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-04-18
Q(1ATS LEGAL BATTLE
Expert Goldsmith Puts in Another
Day Answering Questions.
THE CASE WILL REACH THE JURY

bLAltDs Inv COHAAAoHaWC0iSn . vhpcts ~"
countaat, was on the stand all day
yesterday in the trial Of Senator Quay,
making statements Of fact that are APP
parently damaging to the defendants
side OF the case. Goldsmith ID the
main witness for the prosecution and
It is through him that all OF the docu-
mentary evidence is to be presented.
This witness has examined the banks
books thoroughly and he came into
court yesterday with number OF
typewriter sheets containing figures
that he gathered from the various
books, relating mainly to the deposit
of the state treasurer and the account
OF Senator Quay. He swore to the cor
rectness OF his work and then the dis
trict attorney formally offered the paper
In evidence. This was objected to BY
the defense ON the ground that such
paper is not testimony. II was IN
be placed before the witness and his
statements uttered from what he saw
entered in them. The Judge decided In
favor Of the defense.
Although the defense apparently
gained this point, the paper was prac-
tically In evidence, witness Goldsmith
using It's contents In framing his an
swers to the district attorneys Ques-
tions. When the Quay lawyers OBJ
jected to this they were met by the
judges explanation that while the
paper could not be used as sworn evil
dence. the witness might use 1t to re-
fresh his memory. One effect Of all
this was to make certain that the case
will now 60 to the Jury, there having
been some doubt on this point up to the
decision to admit all that Goldsmith
might have to say.
Just before the close Of the days
proceedings there was another ruling
by Judge Biddle in favor OF the de-
Tense which may have an important
bearing on the future Of the case. The
statute Of limitations has been pleaded
again and again by Senator ouay's
lawyers as bar to much Of the test-
mony presented by the commonwealth.
As Mr.. Quay was indicted on Nov. II,
1898, the two years allowed by the
statute for prosecution would extend
back only to Nov. II, 1896. On this
basis Mr.. Watson has frequently
urged Judge Biddle to exclude men,
tion of transactions dating back to
1886, when Mr.. Quay was state treas
urer.. The court has uniformly held,
in effect, that the statute of limitations
does not affect the evidence but does
affect the crime.
The district attorney pointed out
Aot kn la 1nfA Guilt
during the two years the law confines
him to, and to prove this the corro-
borative evidence OF the previous
years should certainly be admitted.
Judge Biddle decided against the COM
monwealth. He ruled that the evil
dence should be confined to the con-
spiracy alleged and not to some other
conspiracy.
II is interesting to note that there
was every indication that the judge
was about to rule against Mr.. Quay
when Mr. Watson got in another little
speech, begging the court to consider
the point that the prosecution has SO
far failed to show specific conspiracy,
and this should be done before It went
into the general question Of conspir-
acy. The Judge took this view, and
ruled accordingly. The lawyers for
the defense claim that the decision
practically rules out the figures priol
to Nov. II, 1896. Mr.. Rothermel says
its effect will be to prevent him from
Offering much of the evidence he hoped
to present.
All dav long Mr.. Goldsmith reai
out figures taken from the bank books
embracing the various settlement pc
| RODS of six months, each dating haci
to Oct. 81, 1893, showing the amount
of the state deposit. the amount loan
ed to Senator Quay during each 81,
months, the amount of interest allow,
ed the state .1reasurer for that portion
of the state deposit apparently not Sc
aside for Senator Quay's use, thu
amount of interest if any, the senator
paid on his loans, and the amount O.
money used to purchase stock for him
The deposit during the years men
toned ranged from $1,2O0,000 to $500,
600 Senator Quay's loans were showI
to be as great as sS66,OO0 in one pc
riod of six months Occasionally, tn,
witness said. small and inadequate
payments of interest by Senator Qua,
were shown, but generally there wa,
nothing to indicate that he paid for tn,
use of the banks money
While all these figures were going i,
counsel for Senator Quay sat silen
and motionless, listening to tn
monotonous routine of question AM
answer This was in pursuance to al
understanding that the defense oh
jected to every answer. that the oh
! lection was overruled and an exception
noted. This is for future use in
higher court, if necessary. Once NJ;
Shields felt constrained to enter al
earnest protest against witness be
ing permitted to place mans libert
in jeopardy by making such mon
strous statements, based merely o.
conjecture
There is no doubt that nearly all O
the experts deductions and figure
were obtained from the red book,
about which so much has been sale
and against the introduction of whic
the Quay counsel made such vehemen
but unavailing objection.
Canned Beef Better Than Fresh Bee
Washington, April 1S.--After devot
ing the forenoon TO a practical e1
animation of the beef supplied to tn
army in cans the Wade court of inquil
recalled Professor Atwater yesterda
afternoon. He expressed the opinio
that pound for pound, the canned roas
beef was Of greater nutritive valu
. than fresh beef, but suggested that
unmxed with vegetables it would M
prove SO acceptable ration. Co
onel Weston, Of the commissary depar
ment, was also recalled and examine
with reference to the supplies furnishe
the troops in the field at Santiago.
1Bodily pain loses It's terror II you've
bottle Of DR.. Thomas Elec rio Oil in tt