Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1899-04-20
The Quay Trial.

tedious but nevertheless interesting III
I their bearing upon the future Of the
/ case District Attorney RoJhermel
placed upon the stand the paving teller,
4 receiving teller and bookkeepers Of the
defunct Peoples bank to prove the
books All Of these. in answer 10 ques-
/ tions. made reference TO Senator Quay.s
account and the bookkeepers said they
/ had entered the figures, but none OF the
books were opened to show what the
nature Of the account was This was
done later. All Of the bank en-
ploves on cross-examination, stated
that they had never seen Senator Quay :
! deposit book, and they did not believe
/ there was one, 1t has been hlnted that
! the defense will claim that Senator
| Ouay's account was fictitious. as tar as
he was concerned. and that the Sena-
tors name was used by Hopkins as
cloak for his own personal transactions.
The red book was a big feature OF
the dav's proceedings. figuring Indirect
" in the testimony of several witnesses.
It's pages were gone over repeatedly
and the question of its Identification
with the business Of the bank was dis
cussed. and when court adjourned a
| handwriting expert was on the stand
identifying the writing in 1t as the work
of Hopkins
All of this was accomplished by the
district attorney in spite Of the protests
Of the three acute, aggressive lawyers
employed by Senator Quay, who fought
in vain against the web OF circumstan-
tial evidence, involving the red book
TO such an extent that it seems almost
certain that this necessary piece Of evl-
dence will have 10 be admitted after all
1t was evident from the district at
tornev's attitude that he propose
TO formally offer the book in evidence
in day or two and he appears conf
dent Of his ability to introduce the testi-
mony which its pages contain, and
which is so vital in the establishment OF
the charge Of conspiracy between Quay
Haywood and Hopkins to use the money
of the State for illicit gain. As the lat
ter two are dead only Senator Quay re
| mains to face the charge.
Fridays session was one long fight for
and against the admission Of the "Red
Book" 1t was an unequal struggle
one man against three Three Of the
foremost members of the bar of the
State opposs him-David I Watson,
master oflegal argument, logical, eIer-
getic and clear headed; Rufus E. Shap-
ley. keen as a whip lash; a. s L. Shields
unequaled in cross-examination and
and force personifed. Yet, Mr. Roth
ermel seemed actually in better condi-
ton than on the opening day Of the
trial
After Mr. Rothermel's offer of the
Red Book, the chief argument was
upon allowing Meyer Goldsmith, the ex
pert accountant Of the Commonwealth,
to testify that it was book Of the bank.
Before starting his examination, Mr..
Rothermel read to the Court a state
/ IlEuE Vi hudb llt lDAt44'iIA ~ BAN'~-
| The expert. he said, had made a
thorough examination Of all the books
in the case. He found that previous to
April 30, 1891, the Peoples Bank paid
interest on the State deposits to the
State Treasurer, and that records OF
such payments were kept in a regular
way on the books of the bank After
| April 30, 1891, when Mr.. Hopkins APP
peared on the scene, a new system was
adopted. This entailed the addition Of
another book-now known as the Red
Book to the books heretofore kept by
| the bank
During the whole course Of Expert
Goldsmith's examination, objection
after objection was made by the defense
and as frequently overruied by Judge
Biddle, while the District Attorney, in
logical sequence, drew from the witness
his conclusion as to the book, based
upon comparison of what was written
on its pages with what appeared in the
| other books.
The defense contended that the wit
ness was not competent so to testify be
cause he had never seen the book before
he was employed as an expert because
| the book was marked John S. Hop
kins, and because nowhere in the Red
| Book" was there single figure refer
ring to any of the transactions in the
| bank books already admitted. But
the District Attorney won, the court
| holding with him that Goldsmith could
testify as an expert accountant that the
| Red Book made certain otherwise
unintelligible things in the bank books
| ineligible 10 him, and was, therefore
necessarily a book Of the bank Not
only did the District Attorney win this
point, but he may have caught his alert
opponents in trap and it is possible
that he may get the Red Book before
the jury before Judge Biddle makes his
decision on its admission
1t came about this way During the
cross ss-examination Of Mr. Goldsmith by
Mr. Shields, the latter asked is there
Il single line in the Red Book that
refers to the bank booksz'
"The figures S1,5l9, and within a
circle, Paid II, 4, 81, by cashiers
check. answered the witness.
A little later Mr. Shields asked, Are
there any other items other than the
81, 519 that correspond with the books
of the bankT'
Yes, sir, there is an item Of s., 3j2. 10
1t is in the Red Book and il is in the
cash book Of the bank
At the end of the ss-examination
Mr.. Rothermel sprang his surprise on
/ the defense and claimed his right to
cross examine the witness in his turn on
the contents Of the Red Book because
the defense had opened the door by
bringing out certain figures contained
therein.
"One is enough he argued. If
they are entitled to examine the witness
upon any figures contained in this book,
am entitled to cross examine him on
the contents
That is enough, said Judge Biddle
The defense was thunderstruck Mr.
Shields FASTENED to point out that the
witness had been expressly instructed