Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-04-13

| nED bOOh STILL OPEN, BE-
CAUSE 1T HAS NOT BEEN Of
FERED BY THE STATE. THOUGH
JUDGE BIDDLE CLEARLY OUT
LINED HIS VIEWS OF THE SUB
JECT IN AN ORAL OPINION AS
TO THE OTHER BOOKS.
Philadelphia, April 12.-Senator Quay
gained partial advantage in court to-
day by the apparent refusal of Judge
Biddle. for the present at least. to adj
nit as evidence against him the famous
red book" which has figured so prom
inently in the trial and which is alleg-
ed to contain the key to the case of the
Commonwealth. This book was found
in the desk of Cashier Hopkins of the
| Peoples Bank after the institution had
closed its doors and that individual had
taken his own life. 1t is an ordinary
day book about twelve inches long and
eight inches wide, with about 200 pages.
Twelve pages are devoted to what the
prosecution charges is Hopkins record
of his transactions in money deposited
by the state treasurer for the advant-
age of Senator Quay. 1t contains en-
tries extending over several years and
| figures are written in it which appar-
emily show the calculation of interest
on sums of money approximating the
State deposit, less certain deductions
for the benefit of Senator Quay. These
figures, the prosecution alleges, were
posted" from the red book to the re-
gular ledger of the bank containing
Senator Quay's account. In passing
upon the question of the admissibility
of the red book, Judge Biddle said:
1T does not strike me that knowl-
| edge of the book has been brought
home to Senator Quay. 1t was not
| found among the books of the bank at
| all. 1t was found in a drawer, not in
| the orderly shape in which books of
public institution are kept, but crowd
| ed in with a sort of rubbish, and an
| investigation of that book revealed the
| figures. | am not satisfied, therefore,
| that this book has been made compe-
| tent evidence against Senator Quay
This decision was part Of an oral
| opinion by the Judge in which he estab-
lished the point that the regular books
4 of the bank were admissible as testi-
| mony. District Attorney Rothermel
| quickly saw the disadvantage the lat
| ter part of the opinion placed him in
and he sprang to his feet to assure the
| court that he had not argued for the
| admission of the red book, had not
| formally offered in evidence and might
not find it necessary TO make such Of
| fer.
Judge Biddle replied that he had UNI
| derstood the argument OF yesterday
and this morning to be ON the admis-
| sion of all of the books and papers,
but in view of Mr.. Rothermel's state
| ment he would withhold his decision
ON this book until it Is regularly offer
| ed and the question argued Counsel
| for Mr.. Quay, seeing their advantage,
| insisted that they had included the red
book in their argument against the adj
mission of the books, but the Judge
| dismissed the matter for the present.
| The Commonwealth contends that
] e'iehOdSh tit itu DOOh ndS h%Pt NY
Cashier Hopkins in a separate COM
partment, away from the eyes of the
other employees, it was necessarily
part of the bookkeeping system of the
bank and it will have to be admitted
to corroborate and explain entries in
Senator Quays account In the ledger.
| The lawyers for the defense were
evidently disappointed at their failure
to secure the exclusion of all the books
of the bank and thus practically de-
| stroy the case OF the prosecution. 1t
| has been understood that Lawyer Wat
sons presence in the case was for the
purpose Of making the fight against
the books. All of the evidence prac-
| tically against Senator Quay Is docu-
mentay in the shape of letters and
book entries, and the attitude OF his
counsel has clearly indicated a pur-
| pose TO fight to the bitter end against
| the introduction of such evidence.
| Their failure in this respect was not
| complete, however, as they have APP
| parently secured the exclusion Of the
| vital evidence contained in the little
| memorandum book, known for pur-
poses of Identification as the red book.
| which gains its title from the fact that
the computations Of interest in 1t were
| made in red INK Dy HOPKINS. Iney
were unsuccessful in the effort to keep
out the letters and kilograms written
by Senator Quay TO Hopkins directing
| him TO make certain transactions in
stocks. These were all made public at
| the time of Senator Quay's preliminary
| hearing In October last.
| The letters are in Senator Quay's
handwriting with one or two excep-
| tons.
/ All of this afternoon the lawyers
argued at cross purposes on the manner
Of the introduction of the bank books.
The district attorney wanted 10 avoid
| the physical Inconvenience Of bringing
| into the court room several wagon
| loads OF Iedgers and accountboOks, ask
ing that they be identified In lump
and separate books brought into court
as needed The defense could not con-
sent to this, and the matter was still
under discussion when court adjourned
until tomorrow.
The Weather.
l WASHINGTON April 12-For West
l VII Fair and warmer Thursday.