Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-20
Counsel for Both Sides Argue the
Case Before the Jury.
A POLITICAL CONSPIRACY.
No the senator. Attorney Charges
Commemorative Claims 60 Have
Established o.. Case.


today opened Its part In the proceed
ings In the trial OF senator quay ON
the charge OF conspiracy by moving
that the court withdraw the case from
tho jury and render verdict Of mot
guilty. In support OF this motion.
David r. Watson made n long orgn-
ment. lie began with the statement
that early In the trial the prosecution
presented nm offer TO produce evidence
connecting 81. =. Quay With a con-
Hpiracy alleged to have been entered
into with Cashier Hopkins OF the Pco-
Pies bank. and state Treasurer II. j.
Haywood Tor tho misuse Of state funds
deposited In the Peoples bank.
wATsoN's ARGUMENT.
Ar. Watson argued that the district
attorney had utterly failed To prove his
case aud moved that the court strike
from the record the statements pro-
duccd from the books Of the bank boz
cause they failed TO connect NJ. =. Quay
with conspiracy. lie also moved TO
strike out the red book ON the same
grounds. The rainc motion was made
with reference to the letter OF July u.
isss. from Treasurer Haywood To
President McMninca OF the bank,agrcc-
Ing 10 loan Ia H. u. quay. and the min.
u,cs OF the bank directors with regard
thereto. the ground being that this cNi-
dcnce relates Co transaction with
which 81. =. Quay II not connected.
Another point raised was that Gold
smith. the commemorative chief wh-
ness IL not an expert. that instead of
teatifying to what the books disclosed
he evolved theory from infcrcrncoa
and partly from outside Information.
THE CRIME CHARGED.
The crime charged. said MIR. Watson.
IL conspiracy. and curious to sny therc
Il only one person indicted. The COM
rnnnwsalth has utterly failed, he con-
tended. 10 connect the defendant with
the charges OF conspiracy. In his
argument Mr.. Watson made the point
that the prosecution admitted that not
ono cent OF interest on State funds had
ever been paid to Mr. Quay. lie argued
that white some of the testimony Offer
ed may he evidence against Hopkins
and Haywood. u was certainly not cN-
idcncc against SIR. Quay. The common
wealth has failed to show that Mr.
Quay had anything TO do with Induce
lng Treasurer Haywood To deposit
state funds In the Peoples bank.
u. II. QUAY LOAN.
Coming TO the loan Of 100000 TO II.
H. Quny. Mt. Watson pointed out that
this WAS "a loan To another man aud
the commonwealth has not proved that
Senator quay even endorsed the note.
The attorney quoted the laws relating
10 the duties OF the state treasurer and
said there was nothing TO prevent him
from dcponiting the money Ia his Gus.
"A n0FaHNar "a lasa la
prohibits him from gaining protn by
such deposit. but Il does not prohibit
prohibits him from gaining profit hy
expected that bank accepts deposits
FOR that purpose.
RoTHERMEL IN REPLY.
District Attorney Rothermci IN reply
10 Mr.. WatHon'H argument referred 10
his oncr Of proof and declared that
the commonwealth has proven the con-
rpiraoy completely within the line To
which the court limited n. namely. the
two years. ana dating November 18th.
1888. lie naid the letters OF Senator
quay TO Hopkins We're proof OF tho
conspiracy, as was also the fact that
for the six months ending October sist,
1891 Senator quay had received ,is5.-
600 without interest.
JUDGE BIDDLE TALKS.
Judge BIddle said there was present.
ed 10 him irut. "A demurrer 20 tho In
dictmenti Eecond.a demurrer 20 the evil
dencc. AZ 10 tho first he would say
nothing. ~ the question had alrcady
been decided by a judge OF Phlladol-
rhia court. Regarding the second de-
murrer, the judge said he was not In
poaltion TO diacredlt the testimony
offered by the commonwealth and he
would therefore allow the case to 70
10 the Jury for them to decide.
There was buzz OF conversation ia
the court room over this decision adj
verse TO the defense, and then the Quay
lawyers got together for a consultation.
Al the conclusion Of this WHISPERED
tax. Attorney Shields made tho an
nouncein"nt that the defense would Of
for no testimony whatever aud would
the Jury.
In order 20 save time Mr.. Shields OF.
fercd To waive the right 10 make the
opening speech. n the district attorney
agreed, he said. he would allow the dis
triet attorney TO 20 right on with his
speech ana he would follow. All this
was agreeable 20 the parties concerned.
and Mr.. llothermcl AT once started In
calm. quiet manner. his attempt TO
convince the Jury that he has entab-
lished tho guilt Of Senator quay.
REVIEWING THE CHARGES.
The district attorney. IN opening, re-
viewed the charges against Mr.. Quay
and read the law on the subject The
crime, he said. was that OF conspiracy
and being born IN secrecy, was there
fore dinicult % prove. II must invari-
ably be proved by the acts of the con-
apiratofT. Coming to the relation OF
Mr.. quay politically 20 State Treasurer
Haywood. he Indicated that II the state
treasurer received Interest from the
cashier and MIR Quay the Interest on
100000 from the cashier the natural
Inference is that these men have en-
tered Into a conspiracy. There might
be no direct evidence, no continued, but
there should be no doubt that con-
aplraoy was conceived and carried out
oUAy's LETTER READ.
Mr.. Rothermel read Mr.. Quay's letter
TO Cashier Hopkins directing the pur-
chase OF 900 shares ~ Metropolitan
stock. This, he argued. was unlawful
because the purchase was made with
bank money and no interest was
charged. lie showed by the evidence
that the state deposit due the six
months ending October 81, 1897, ranged
from ts2s.ooo TO over 100000. and hat