The daily morning journal and courier., 1899-04-12
TRIAL OF EX-SENATOR QUAY
CRUCIAL POINT REACHED IN THE
 CONSPIR4CY CASE.
Counsel for Defense Make Desperate Fight Against Admission of the Books of the Broken Peoples Bank as Evi- dence-On This Point Rests tho Entire Fabric of the PrOsecution's Case.
Fabric of the Prosecution's Case.


 Philadelphia, April 11---In the trial of ex-Senator Quay to-day his lawyers be- tant contention in their fight for his ac- quittal, namely that the books of the broken Peoples bank are not competent and should not be admitted as evidence against the accused man. On the de- cision of this point rests the entire fab- ric of the prosecutions case. Should Judge Riddle decide the point we'll taken the Quay case will necessarily collapse. In order to secure the most effective pre- sentation of this phase of the case, Mr. Quay brought to his aid the skill of David T. Watson of Pittsburg, one of the ablest attorneys in Pennsylvania.
 MT. Watson spoke with great force for nearly two hours and the district attor- ney opened the proceedings 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 books, letter press book and letters from Senator Quay to the late ex-State Treasurer Haywood, found in the desk of Cashier Hopkins after that official had committed suicide. He read long summary of what the books and papers showed and stated what he ex- pected to prove by them, to wit-that through a conspiracy with Cashier Hop- kins, ex-State Treasurer Haywood and other state treasurers and possibly oth- CTS of the bank, the said Quay had used certain fixed amount of state money deposited in the institution and received interest on another fixed portion of the state deposit.
 Mir Watson contended that the mere fact that the bank clerks, with no per- sonal knowledge of the truth of what they were writing, entered certain fig- ures in book, which figures purported to represent money 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.. MT. Watson also attacked the indict- ment, declaring it to be fatally defect- i've.
 Judge Riddle will probably decide to- morrow whether the books of the bank are admissible. If he decides that they are Mir Quay's lawyers will next take up the memorandum books and letters belonging to the late Cashier Hopkins and oppose their consideration as valid < testimony.
 Previous to the presentation of the bank books by Mr. Rothermel the ex- animation of Receiver Barlow was con- cluded He created a sensation by the statement that he had broken open the dead cashiers desk and taken therefrom the books and letters apperta1ning to the Quay trial at the request of mys- terious informant who spoke to him over the telephone from Harrisburg and stated that there was plan on foot to E steal the compromising documents that night He was, he said, never able to learn who his mysterious friend was. The fact was gleaned from MT. Barlow that the bank books and letters were practically in the control of Judge Cor don from April until September of last year. He considered this proper, as Judge Gordon was the confidential ad- visor of President McManes of the bank.
 Judge Gordon gave his testimony m quiet, convincing manner. He depre- cated the stories of conspiracy against Senator Quay that have been persistent- ly put in circulation. He admitted that the papers had been photographed at his suggestion, but merely for purposes or safely He also admitted showing them to David Martin, the leader of the anti- Quay faction, to John Wanamaker and to others. Judge Gordon asked permis- sion of the judge to make statement of his connection with the case, but the entire array of Quay counsel objected instantly, and what would have un- doubtedy proved interesting reading was thus shut off.