Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1899-04-21

ness and his statements uttered ifom
what he saw entered i'm them.
The judge decided for the defense,
tnus giving that side the first piece of
comfort it has experienced since the trial
began. Although the defense apparent
IS gained this point the paper was prac-
ucally in evidence, Witness Goldsmith
using its contents in framing his answers
To the district attorneys questions.
When the QUA lawyers objected To this
they were met Dy the judges explanation
that while the papers could not be used
as sworn evidence. the witness night use
IL to refresh MS memory. one effect of
al this was % make it certain that the
case will not go to the jury, there having
been some dlubt on this point up to the
decision tr admit all that Goldsmith
might have % say Just before the close
of the day proceedings there was an
other ruling by Judge Biddle in favor Of
the defense which may have an i'm
portant bearing on the future of the
case. The statute os limitations has
been pleaded time and again by Senator
Quay's lawyers as a bar to much of the
testimony presented by the common
wealth. As Senator Quay was indicted
on Nov. Il. 1898, the two years allowed
by the statute for prosecution would eN-
tend back only to Nov. Il, 1896. On this
basis Mr.. Watson has frequently urged
Judge Bhdie to exclude mention of
transactions dating back to lNA6. when
Mr.. Quaywas state treasurer. 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 that
he ged the defendants guilt during
the two years the law confined him To,
and to prove this thr corroborative evil
dcnce of the previous years should GER
tainly be admitted. Judge Biddle de-
cidad against the commonwealth.
He ruled that the evidence should be
confined to the conspiracy alleged and
not to some other conspiracy.
Iti interesting to note that there was
every indication that the judge was
about to rule against Mr Quay, when Mr..
/ Watson, who has a suaVc, persuasive
style, got in another little speech, similar
to several hr made during the day, and
begged the court to consider the point
that the prosecution had SO far failed to
show u specific conspiracy, and this
should be done before it went into the
general question of conspiracy. The
Judge took this view, and ruled accord
| ingly. The lawyers for the defense
claim that he decision practically rules
out the figures prior to Nov Il, 1896
Mr.. Rothermel says its effect will be to
prevent him from Offering much Of the
/ evidence he hoped to present.
All day long Mr.. Goldsmith read out
figures taken from the bank books, en-
! hracing the various settlement periods
of six months each dating back to oct
/ 81 1898. showing the amount of the state
/ depusit the amount loaned to Senator
Quay during each six months, the
amount of interest allowed the state
/ treasurer for that portion of the state
! deposit apparently not set aside for Sen
ator Ouay's use the amount Of interest, il
| any. the senator paid on his loans, and
/ the amount of money used to purchase
| stock for him.
The deposits durings the years men
| toned ranged from 81, 200, 600 to $4OO, 900,
/ Senator Quays loans We're shown to he
as great as $S66,OOO in one period of six
months. Occasionally, the witness said,
smaller and inadequate payments Of in
terest by Senator Quay We're shown but
! generally there was nothing to indicate
that he paid for the use of the bank $
money. While all these figures We're
going in, counsel for Senator Quay sat
/ silent ana motiunless. listening to the
monotonOus routine Of questions and an
] Sv.ars This WAS in pursuance of an