The times., 1899-04-13

was necessary generally to prove conspira-
cy whose tracks were usually covered up
and must be inferred from the circum-
stances themselves.
Il do not contend that the act of one
conspirator is admissible to prove the act
of all the conspirators. went on Mr.. Roth
ermel. Il offer to prove, not the books
kept by the bookkeepers of the bank, but
a letter containing a confession of the
bookkeepers-an the letter would be ad-
missible. There lies the distinction be-
tween this case and those cited by Mr.
Watson yesterday. / did not offer to prove
statements narrative of a conspiracy, but
acts done in furtherance OF a conspiracy.
Care must be taken to distinguish be-
tween acts in furtherance OF conspiracy
and declarations made narrative OF those
acts.
The Boss Dealings With the Bnnl<.
We offer to show by letters and tele-
grams that NJ. S. Quay was borrowing
money from the Peoples Bank and pur-
chasing stocks without paying interest for
the loans. We offer TO show that this was
in furtherance of a conspiracy between
Haywood. Hopkins. and Quay. To show
this. We will take period Of six months.
THE Commonwealth funds in the Peo-
pies Bank amounted in April to S525, 600,
on June Is to s550.00 on June 19 TO
$685.. 900, and in October to s560,O0o. We
offer to show that during this period NJ. S.
Quay was indebted to the bank for call
loans amounting to s1s5,000; that Quay
was never charged any interest for this
money: that Benjamin Haywood, at that
time State Treasurer. received as interest
on this deposit of the Commonwealth in
the Peoples Bank the sum of s1,519; that
interest was calculated at per cent upon
the Commonwealths deposits; that from
this interest money 20 per cent was de-
Quoted for the bank; that the interest at a
Eproper rate for Quay's call loans was then
deducted and the remainder was divided
into three parts, of which one part was
paid to C. II. Mckee
Mr. Rothermel continued by rehearsing
the offer of evidence which he made yes
terday and which bore on alleged uniaw-
full use of the Commonwealth funds by
State Treasurers as far back as 1888, when
Quay was State Treasurer.
Furthermore said Mr.. Rothermel. in
closing this part of his argument, I'VE pro-
pose TO show the subterfuge by which these
transactions were concealed.
"As TO the statute of Limitations" said
Mr. Rothermel. Il argue that it does not
apply to any evidence in this case There
is a decision of His Honor c. ]. Paxon on
this matter which says that the statute
of limitations affects the crimes only, not
the proof of the crime. Again, consplrators
do rot publish their acts, and acts all tsnd-
ing TO a common end and TO the further
ance of conspiracy are admissible.
VIII Prove Conspiracy.
In conclusion. Mr.. Rothermel said that
the defence could not enter a demurrer
after pleading to the indictment. AS for
the argument that the bill of Indictment
was invalid because it charged the misuse
Of the Commonwealth funds when the
evidence proposed showed that funds had
been used which were the banks prop
erty the District Attorney said that this
point had already been decided adverse
ly to the defence when application for
writ CT certiorari was made. Mr.. Rother-
mel cited cases all through his argument
TO support his contentious
I'VE will prove the conspiracy. con-
cluded Mr.. Rothermel. '.by the acts OF all
three parties to It, The entries in the
banks books are admissible as evidence
here and would be admissible the world
over. because they are against the inter-
ests of the bank
The District Attorney finished speaking
at II O'Clock and Mr.. Watson rose i'm
niediateIy afterward to make rejoinder.
He repeated briefly the points which he
had made yesterday, and laid his greatest
stress on the proposition that the money
alleged to have been used unlawfully was
not the Commemorative, that the grand
jury bad so fclnd, and that the defence
was within its constitutional privileges in
7 cbjecting to the admission of evidence
contrary to the finding of the grand jury
The prosecution. said Mr.. Watson, had not
come to trial on the Indictment as found
I Mr. Watson said further that the District
Attorney could not cite a single criminal
case in which the books and entries in
books had been adduced in evidence as 1t
was proposed TO do here
They are declarations of third parties,''
/ insisted the Pittsburg lawyer Don't
/ bring your fifty books In here and say,
/ Here are entries made at different times
/ by different clerks. which prove Hopkins
guilty CT something. and. therefore. prove
! my client guilty You cannot cruelty me
( or put me on the rack because some other
( person does not do right
Mr.. Watson's argument was closed at
! Has. and Judge BiddIe began at once to
/ render his decision.
The conclusion at which Judge Biddie
arrived was that he would admit all the
/ books of the bank and the papers offered
in evidence but that he was not satisfied
that the red book was admissible. Judge
/ Biddle qualified his decision by saying that
it did not apply to all the books and pa
pers In the case outside OF the red book
DIN tnal from time 10 time ne would rule
on different evidence adduced. In the
matter of the red book he said that he
was not satisfied that IL was part OF the
orderly system Of the bookkeeping of the
bank and that he would not rule directly
on its admissibility at this time. Mr..
| Shields Immediately noted an exception to
the overruling Of the objection made by
the defence. and eour, took recess at
l1:55 o'clock.
Importance of the Red Book.
II the red book is ruled out 1t Will be
blow to the prosecution as the book con-
| tains, II Is alleged. Hopkins memoranda
as to State deposits. loans to individuals
and calculations of interest
Court reconvened at 12:45 o'clock Mr..
Rothermei opened active proceedings by
offering in evidence first letter TO Hop
Flins. alleged to be signed by Quay and
dated January l3, 1897. This letter was
] at once objected to and exception noted
| by Mr.. Shields on the ground that IL was
lnadmissibie under the bill of Indictment
| and was irrelevant. The first letter was
| followed by others. alleged TO have been
addressed to Hopkins by Quay and dated
| September q, September 2s. November q,
! December 4. and December Z. 1897. All