The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-16
II Is Admitted In Evidence Against
Senator Quay.
HARD BLOW TO DEFENSE
BANK TRANSACTIONS WILL BE
FULLY VENTILATED.
a Desperate Legal Battle That Re-
suited In a Complete Victory For
the Forces CT the Prosecution
Other Accounting Books viii
Also Be Opened.

Philadelphia. April 15.-The prosecu-
ton in the trial of ex-United States
Senator Quay succeeded today in hav-
ing admitted as evidence the books
found in Cashier Hopkins desk after
the Peoples bank failure, and on the
pages of which, the commonwealth al
leges. viii be found the evidence of con-
spiracy between Mr.. Quay, late eX-
State Treasurer Benjamin J. Haywood
and John 5. Hopkins, the dead cashier.
These books are the famous red
book" over which the legal battle, as
to its admissibility has waged since
the early part of the week, and which
ended today in a complete victory for
the prosecution; and the others are
those known as the black book and
the blue book
In the red book" it is charged by
the prosecution, VIII be found calcula-
lions by Hopkins Of interest on state
funds on which interest was paid to
State Treasurer Haywood and to Sen
ator Quay.
The "biack book contains records
and entries pertaining to stock trans
actions alleged 10 connect the defend
ant with Hopkins in using state funds
Tor speculation.
The eblue book" is asserted to be a
record Of individual loans made by
Cashier Hopkins and it is charged that
it Will show that Senator Quay was
loaned money without security.
Throughout the week there has been
skirmish after skirmish between coun-
sci as the line of evidence drew closer
TO the subject matter in the red book"
The placing on the stand yesterday by
District Attorney Rothermel of Meyer
Goldsmith precipitated the battle
which routed the forces Of the defense
on the point at issue.
WAS a BOOK OF THE BANK.
The decision was based entirely on
the answer OF the expert to the ques-
ton: DO you, in your opinion as an
expert, from an examination of the
book known as the RED book. consider
ii book of the bank2" and Mr.. Gold
smiths reply. 1t is undoubtedly "A
book Of the bank.
The combined wisdom and skill of
Mr.. Quay'S counsel was directed at the
witness in cross-eNamination. He was
made to admit that there were many
clerical errors in the book; that the
pages were not numbered; that many
of the entries were in lead pencil; that
he never knew Of a bank keeping en-
tries in such manner. and that the
bank regular books contained 40 ref
erence to the red book
Ii was just after the expert had fin
ished his testimony today that the
forces lined up for the final test. Da-
Vid Weston OF Pittsburg. in clear,
compact and concise manner, presented
the objections in a mastery and elo-
quent manner. The district attorneys
reply was remarkably brief and to the
point. He maintained that it was a
book of the bank, according to an eX-
pert. because a thorough understanding
of the affairs of the bank could not be
L. H.. i
cision sustained the district attorney.
During the announcement of the deci-
sion the most complete silence prevail
&c in the court room, and as the court
finished. d general buzz of whispering
was noticeable. and every eye was turn
ed in the direction of Mr.. Quay. He sat
quietly, and there was not a movement
Of d muscle to indicate what impression
the decision had made upon him. A lit
tie later d smile came over his face.
After the decision. MIR. Watson made
an effort, apparently. to change the
courts decision by calling attention to
the fact that the court stated that prior
to 1891, before the existence of the red
book, the entries of interest payments
on state money were entered in the
ledger, whereas there had been no testi-
mony 10 that effect. The judge stated
he so understood
The district attorney contended that
he had said the red book indicated a
new system. TO avoid discovery of mi
Quitous transactions. rendered absolute
" necessary after 1881 by the new bank
ing law.
Mr.. Watson replied that the red
book" did not show regular calculations
of interest, but only three specified in
stances.
Judge Biddle disposed of the matter
by saying in brief that the books would
speak for themselves.
OTHER BOOKS GO IN.
Mr.. Goldsmith was recalled TO testify
that the black book found in Hop
kins' desk Is a book of the bank This
book. the commonwealth alleges, shows
transactions involving the purchase
and sales of stock in which the defend
ant was interested. The same objec-
tons which were made to this wit
nesses testimony in the case Of the red
book" were again made by the defense,
and the objections were overruled.
In your opinion. IS this book a book
OF the bank" asked the district attor-
hey.
@Yes sir, it is a book of the bank"
This was the only question by the
prosecution, and Mr.. Shields cross-eX-
amined the witness.
Mr.. Goldsmith said that his opinion
was based on ;he fact that the book
explains the nature of a number OF
loans made by the bank. not made by
the regular books. These transactions.
he said, dealt with persons who were
customers Of the bank, number who
were borrowers from the bank on the
stocks mentioned in the book and some
were against strangers. 1t was dis
closed by the witness what the con-
tents OF the book are.
The book was formally offered in evil
dence and the same formal objecuons
made in the case Of the red book were
made and were overruled.
The blue book" was next testified to
and was admitted against the same OBJ
jections as To the other 40 books This
book, which was also found in the cash
ier's drawer, is also "A record of individ-
ual loans, and shows that the cashier
made loans to Senator Quay.
Court adjourned at noon until Mon
day morning.