The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-12
PUT UP A GAME FIGHT
Quay's Lawyers Making a Des-
perate Effort to Clear Him.
VERY ABLE ARGUMENTS
1t Is Contended That the Books OF the
Peoples Bank Are Not Competent
Testimony-Court Reserves
ItsDeciston Till To-Day.

of ex-senator Quay to-day his lawyers
began what it regarded as the all-im-
portant contention ia their fight for his
acquittal, namely. that the books of
the broken Peoples bank are not COM
petent testimony against the accused
man, and therefore should not be ad-
mitted in evidence. On the decision of
this point rests the entire fabric of the
prosecutions case. Should Judge Bid
die decide the point well taken, the
commemorative case will necessarily
collapse.
In order to secure the most effective
presentation of this phase of the de-
fense, Mr.. Quay brought to his aid the
skill of David X. Watson of Pittsburg,
one Of the ablest attorneys in Pennsyl-
Wania and ranking, in fact, with the
best of the country. Mr. Watson spoke
on this subject for nearly two hours
this afternoon and held the almost
breathess attention of room filled
with the legal lights of the local. and
state bar. Many of these lawyers ex-
pressed the opinion that Mr. Watson
made a very strong argument. What
its effect will be upon the judge re-
mains to be seen.
The district attorney opened the pro-
ceedngs in this phase of the case by
Offering in evidence the books of the
bank. extending over a number of years
and along with them the account books,
letterpress books and letters from Sem
atOr Quay and State Senator Haywood,
found in the desk of Cashier Hopkins
after that official had committed sui
eide. He read a long summary of what
the books and papers showed and stat
ed what he expected to prove by them,
to-wit: That Through conspiracy
with Cashier Hopkins, State Treasurer
Haywood and other state treasurers
and possibly other officials of the bank.
Senator Quay used a fixed amount of
state money deposited in the institution
and received interest on another fixed
portion of the state deposit. Much of
the evidence offered by the district at
torney was broTstkt nut at the prelimi-
nary hearing on Oct. 5 last. There was
some new matter. however. dealing
principally with the amount of money
loaned by the bank to Mr.. Quay and
during the past IL or IA years, the
amount paid to him and other state
treasurers on state deposits.
Mr. Watson COntended that the mere
fact that bank clerks with no present
| knowledge of the truth of what they
| We're writing entered certain figures in
| book, which figures purported to rep
resent interest paid to Senator Quay,
was no proof that the money had been
received by him or that there had been
any intention to pay it to him. This
argument is in line with the defense's
| contention that Mr.. Quay was the vic
| tim of Hopkins, who used the senator's
| name to cover up his own illegal trans
| actions. Mr.. Watson also attacked the
| Indictment, declaring it to be fatally
| defective.
Judge Biddle will probably decide to-
morrow whether the books of the bank
| are admissible. If he declares that they
are, Mr.. Quay's lawyers will next take
| up the memorandum books and letters
| belongin to Hopkins and oppose their
| introduction as valid testimony. Pre-
| vious to the presentation of the bank
| books by Mr.. Rothermel, the eXamina
| tion of Receiver Barlow was concluded
| and eX-Judge James Gordon, who. the
| adherents of Senator Quay declare, is
responsible for What they term the
conspiracy against their favorite. gave
| testimony in coIroboratiOn and eX-
| planned Mr.. Barlow's statement
Mr.. Barlow created a sensation by
| the statement that he had broken open
| the desk of the dead cashier and taken
therefrom the books and letters apper-
| tanning to the Quay trial at the behest
| of a mysterious informant who spoke
| to him over the telephone from Harris
burg and stated that there was a plot
on hand to steal the compromising doe
uments that night He was, he said,
! never able to learn who his mysterious
| friend was. The fact was CLEANED from
! Mr.. Barlow that the bank books and
| letters We're practically in the control
| of Judge Gordon from April until Sep
| tember of last year. He considered this
proper, as Judge Gordon was the con-
| fidential adviser of President McManes
| of the bank.
| Judge Gordon gave his testimony in
| quiet, convincing manner He depre-
Gated the stories of conspiracy against
Senator Quay that have pers!stently
| been put in circulation and frankly an
swered every question asked regard
| ing the use he made of the papers while
he had them. He admitted that they
| had been photographed at his Sugges-
ton. but merely for purposes of safety
in the event of the originals being de-
| stroyed He also admitted showing
| them to David Martin, the leader of
| the anti-Quay factions: to John Wana-
| maker, bitter opponent of Senator
Quay, and to others, including q par
| tial exhibition OF letters to James NJ.
| Guffey, the democratic leader of this
state. but not in the manner limited at
| by the defense,
| Judge Gordon asked permission of the
judge to make a statement of his con-
| nection with the case, but the entire
array of Quay counsel objected instant
ly, and what would have undoubtedly
| proved interesting reading was thus
shut off.
r. w, Barlow, receiver of the bank, was
on the stand again to-day. The witness
/ Barlow receiver of the bank was on
the stand again to-day. The witness
was told to tell all the circumstances of
his removal of certain letters and books
from the private desk of Cashier Hop
| kins, Among these books is the one
| known as the red book" which the
prosecution shows that Hopkins COM
| puted interest on state funds which he
| deposited TO Quay's credit Barlow
| said in reply:
"On March 90 a person whom did
| not know spoke to me over the tele-
phone He said: I want to say that
an attempt will be made tonight tc
take certain documents out of Hopkins
desk. so they had better be taken by