Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-04-20
Attorneys for Defense Declined to Offer
Any Testimony.
BITTER ATTACK ON STATES CHARGE
Judge BiddIe OverruIes Motion to
Dismiss the Case.
L EG A T. BATTLE ROY AL

today opened its part of the proceedings in
the trial of Senator Quay on the charge of
conspiracy by moving that the court with
draw the case from the jury and render a
verdict of mot guilty" In support of this
motion David T. Watson made a long argu
ment. He said the district attorney had ut
terly failed to prove his case and moved
that the court strike from the record the
statements produced from the books of the
bank, because they failed to connect NJ. $.
Quay with conspiracy. He also moved to
strike out the red book on the same
grounds. The same motion was made with
reference to the letter of July 81, 1896, from
Treasurer Haywood to President Mechanics
of the bank, agreeing to loan to r. r.
Quay and the minutes of the bank directors
with regard thereto, the ground being that
this evidence relates to a transaction with
which VI. S. Quay is not connected Another
point raised was that Goldsmith, the COM
monwealth's chief witness is not an ex-
pert; that instead of testifying to what the
books disclosed he evolved a theory from
differences and partly from outside Informal
ton.
That 100000 Loan.
Coming to the loan of 100000 to r. r.
Quay, Mr.. Watson pointed out that this
was loan to another man, and the COM
monwealth has not proved that Senator
Quay even Endorsed the note.
The attorney quoted the laws relating to
the duties of the state treasurer and said
there was nothing to prevent him from de-
posting the money in his custody wherever
he pleaSes. The law prohibits him from
gaining profit by such deposit, but it does
not prohibit the depositary from gaining
profit; it is expected that bank accepts
deposits for that purpose.
District Attorney Rothermel, in reply to
Mr.. WatSonS argument, referred to his
offer of proof and declared that the COM
monwealth has proved the conspiracy COM
pletely within the line to which the court
limited it, namely. the two years antedat-
ing November II, 1898. He said the letters
of Senator Quay to Hopkins were proof of
the conspiracy, as was also the fact that
for the six months ending October 81 1897,
Senator Quay had the use of S1S5, 900 with
out interest.
State Secures Il Point.
Judge Biddle said there was presented to
him. first, d demurrer to the Indictment,
second, demurrer to the evidence. AS to
the first he would say nothing, as the ques-
ton has already been decided by judge of
a Philadelphia court. Regarding the sec
ond demurrer, the judge said he was not
in position to discredit the testimony Of
fered by the commonwealth, and he would
therefore allow the case to go to the jury
for them TO decide
Attorney Shields made the announcement
that the defense would offer no testimony
whatever and would at once proceed to the
addresses to the jury. In order to save
time Mr.. Shields offered to waive the right
to make the opening speech. If the district
attorney agreed, he said, he would allow
the district attorney to go right on with
his speech and he would follow. All this
was agreeable TO the parties concerned.
District Attorneys Statement.
The district attorney in opening reviewed
III +Is,i
law on the subject The crime, he said,
was that OF conspiracy, and. being born in
secrecy, was therefore difficult to prove.
1t must invariably be proved by the acts
Of the conspirators, as it is almost impossi-
BILE to get the statement of one Of the con-
spiratCrs. Coming to tie cation of Mr..
Quay. politically, to State Treasurer Hay
wood, he indicated that if inc state traas-
urer received interest from the cashier ard
Mr.. Quay the interest on S200,000 from the
cashier, the natural Inference is that these
men have entered into a conspiracy. There
might be direct evide &c. he continued,
but there should be n dadIs tina: Il cen
spiracy was conceived ami carried oft.
Mr.. Rothermel read Mr.. Quays letter to
Cashier Hopkins directing the purchase of
500 shares of Metropolitan stock. This, he
argued. was unlawful, because the purchase
was made with bank money and no interest
was charged. He showed by the evidence
that the state deposit during the six months
O0O to over S6O00Od. and that other loans
were made to Mr.. Quay without interest.
The check of Hopkins to Treasurer Hay
wood for 81 .519 was discussed. Mr.. Rother-
mel said the bank books showed this
amount was the interest on state funds,
less 20 per cent for the bank and less in
terest on $500 900 for the use of Mr. Quay.
Value of the "Red Book"
The red book" he designated as unn-
tellgible in itself, but connected with the
other books of the bank he asserted that
it was the key to the proof of the charges.
He went over certain entries sworn to by
Meyer Goldsmith, his expert, to disclose
the fact that the defendant and Haywood
were paid interest on state deposits by
Cashier Hopkins. The entries in the red
book were calculated to the jury and their
connection with Senator Quay's account
and transactions explained
The district attorney laid great stress
upon the fact that the red book came into
existence in 1891 coincident with the pas
sage of the law creating state bank ex-
aminerS. from whom, he argued, Hopkins
would wish to keep his Illicit transactions
secret. He called the jury'S attention to
the memorandum paper found in Cashier
Hopkins desk, which, he claimed, indi-
Gated interest on call loans appropriated by
Hopkins to pay interest on state funds to
Haywood, and was. therefore, further cir
cumstantial proof of the conspiracy.
The district attorney. in concluding, refer
ors. August B. 1896 authorizing a loan of
100000 alleged to be Endorsed by Mr. Quay,
provided a certain letter could be obtained
He then read the Haywood letter to Pres
ident McManes of the bank, indicating that
100000 of state money would be deposited
in the bank if r. r. Quay was loaned
similar amount. and that it would not be
removed until the loan was paid.
MIR. Shields Argument.
Mr.. Shields at once began his argument
to the jury. At the outset he took up the
fact that the case of the prosecution was
built upon the testimony of experts, and
quoted an opinion of the supreme court that
the tendency is to call experts to testify
to ready-made opinions" This, he declar-
ed, was prophecy covering the case in a
remarkable way.
MIR. Shields dwelt on ex-Judge Gordon
connection with the prosecution, and de-
nCunced his actions in unmeaSured terms.
He argued that the political conspiracy
against Senator Quay was begun when
Judge Gordon got from the receiver of the
broken bank the books and letters found in
the dead cashiers private desk. and kept
them In his possession for months He went
over the Improper use made of these docu-
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