Evening star., 1899-04-15
Judge Biddle 0verrules Objections of
Mr.. Quay's Attorneys.
PRIVATE RECORDS In EVIDENCE
They Contain Accounts of Loans
Made to Defendant
VICTORY FOR PROSECUTION

The sixth day of the trial of ex-United
States Senator Quay began with the pros
poets of a battle royal between counsel as
to the admission of the red book" which
Expert Meyer Goldsmith yesterday said
was undoubtedly book of the bank.
Mr. Watson, after introducing the general
proposition of the defenses objection, turn
ed to the testimony of Goldsmith, and, TAX
ing that portion in which an entry for
s., ,352 10 in the "red book was compared as
being similar to like entry in the regular
books, said: 1.-The prosecution declares that
because of this the book Is a book of the
bank. A comparison between these items
shows a difference of four months in the
dates in the two books.
District Attorney Quoted.
'sThe district attorney himself" Mr..
Watson continued, demonstrates that it
is not a book of the bank but only MEM
orandum book kept secretly by cashier
who is a party to the alleged conspiracy
and therefore presumably capable of writ
ing any figures in book that will suit
his purpose. His motive was to deceive and
he may have used this book for purposes
OF deception. The admission of the book
in this case would violate all the rules OF
evidence. The red book was so irregular
that after the failure outside persons were
allowed to take it away and Keep 1t Tor
months and photograph it as national
curiosity"
Mr.. Rothermel in reply made the strong
point that the reason Hopkins did not begin
keeping the red book until 1891. was be-
cause in that year law was passed by
the legislature creating the state depart
ment of banking; that he knew that after
that date the books would be open to the
inspection of a bank examiner regularly,
and it was therefore necessary to keep the
1fnri inr,s- of ha 6af
the interest secretly.
Judge Admits the Book.
Judge Biddle in admitting the red book
said:
when the question originally arose in
this case in reference to this particular
book L did not think the district attorney
had sufficiently established the proof that
it was a bank book. The question now
comes in an entirely different capacity. 1t
seems to me that an expert could tell bet
ter than anyone else what books are neces-
sary to carry out the system in vogue at
that bank. He swore most positively that
this book is book of the bank. Up to a
certain date the books were kept in a GER
tain way and the accounts compared in the
ledger. He followed this up with the state
ment that entries formerly made in the
ledger We're now found in this book.
The gentleman who kept this book was
cashier and to use the words of the assist
ant CASHIER, lie was the WHOIe he
question is not whether the contents Of this
book are material or immaterial, but
whether it is a book of the bank. The eX-
pert positively swears it is book of the
bank and under those circumS tances it is
admitted as he knows more about it than
/ do
During the announcement of the decision
the most complete silence prevailed in the
court room, and as the court finished a gen.
eral buzz of whispering was noticeable and
every eye was turned in the direction of Mr..
Quay He sat quietly, and there was not a
movement of muscle to indicate what i'm
preston the decision had made upon him.
other Private hooks Admitted.
Mr.. Goldsmith recalled to testify that
the BLACK book found in Hopkins desk is
d book of the bank This book, the COM
monwealth alleges, shows transactions in
volving the purchase and sales of stock in
which the defendant was interested. The
same objections which were made to this
witness testimony in the case of the red
book We're again made by the defense,
and the objections were overruled.
The book was formally offered in evidence
and the same formal objections made in the
case of the red book were made and
We're overruled.
was admitted against the same objections
as to the other two books. This book,
which was also found in the cashiers desk,
is alleged to be record of individual loans
and shows that Cashier Hopkins made loans
to Senator Quay.
Court adjourned at noon until Monday
morning.