The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-04-22

repeated by the crowds gathered just
outside the dead line" drawn by the
watchmen, beyond which only possess
ors OF tickets were allowed TO pass. AS
coon us Senator Quay could get away
from those anxious 10 shake his hand
md congratulate hin he made his way,
accompanied by his counsel, to the ele-
vator to descend to the street from che
sixth floor OF the municipal building.
Here the scenes In the court rom were
repeated. Everybody wanted to say
something pleasant to him and crowds
gathered near the elevator shafts on
each floor TO watch the car carrying the
distinguished partf. as 1t descended to
the street. The avenue surrounding the
city hall ls wide and smooth and the
neighborhcod is the stamping ground
for the politicians Of the town. Here
the enthusiasm was immense ns the
senator emerged from the door of the
building. 4 group Of enthusiasts rush.
ed forward and attempted 10 hoist him
on to their shoulders, but the senator
waved them back, saylng: ''Oh. no. oh.
no: I'm too old man for that" Sena-
tor Quay walked With his friends one
block down Broad street 10 the office
of his counsel. where he made his es-
cape from the surging crowds 1t is un-
derstood that he will at once join his
family in Washington and Will probably
go away for n long rest.
Previous to the announcement of the
verdict. the accused man sat in his nc-
customed seat In the court room and
chatted with his counsel and group OF
newspaper reporters.
an la tn
seats In the box the senator turned and
half faced them.
The stereotrped "How say YOU, gen.
tlemen Of the jury; do you find the
prisoner at the bar guilty or not guilty.
brought promptly from the forcman's
lips the words mot guilty" and at this
point Senator Quay flushed and he
seemed momentar!ly rs II about TO be
overcome by the feeling of emotion that
was surglng over him. This was only
for an instant. however. and the great
political leader was his lmperturbable
self again as he smilingly responded 90
the congratulations that were being
heaped upon him.
Senator Quay did not look at the jury
at all, or In any way express gratitude
TO them for their verdict In his favor.
His friends, however, surrounded the
Jurors. patted them on the back and
told them what heroes they were.
Senator Quay's only comment on the
verdict was:
"Well expected It."
How the jury Stood.
The case went to the jury at 3 o'clock
yesterday afternoon and four ballots
were taken before the final decision was
u,,, - rt, -,
for acqulttal, the next two stood II TO J..
The one standing out for conviction By
this time had very much modified his
reasons Cor conviction and when the
last ballot was taken he voted for nc-
Quitta]. The Jurors who stood out for
convic,icn are said to have been Charles;
Penzler, shoemaker, Seventeenth ward,
and Edward Bevan, painter, Nineteenth
ward Penzler voted for acqulttal after
the first ballot. but Bevan held out unit!
this morning. when the final ballo. was
taken. Foreman Hill announced the
verdict In clear. loud voice, placing
emphasis on the word mot"
After the crowd lef. the cour. room,
Dlstric: Attorney Rorthermel was Ques
toned regarding the remaining indict-
ments. He said there are three of them
and they are still pending. but he would
ros say what the course will b. re-
garliag them, In two OF these indict-
rnents Senator Quay is charged with
corspirins with Hopkins and Haywood.
as he wcs In the one under which he
was acquitted today. In the remain
Ing Indictment he Is charged with con-
spring Jointly with his son. Richard r.
Quay. The charge grew out of the loan
of 100000 to young Quay, obtained
through 4 deposit OF that much OF the
state money In the Peoples bank.
Senator Quay's lawyers say the dis
trict attorney picked ou. the indict-
ment on which he could make the best
case for the tria, just ended. and he
will not dare bring the senator to the
bar again.
Political friends OF Senator Quay are
urging him 10 bring criminal prosecu-
tions against those enemies who. they
claim, are behind the prosecution of
their favorite, but the senator will not
indicate what his course In this respect
may be.
History ofthc Case.
The charges against Senator Quay
followed the collapse of the Peoples
hank in March, 1898, and the eSamina-
NIUH VI lls DOOhS pS Il ItGtlNtl. Uc
warrants were issued In the following
October and included besides Mr.. Quay
and his son, the names Of Charles H.
Mckee. a Pittsburgh lawyer, and eX-
State Treasurer Benjamin ]. Haywood.
On November 81 the grand jury found
true bills against all but Mckee. The
suicide OF Cashier Hopkins Just prior to
the banks failure prevented his coming
within the scope Of criminal action. The
indictments were five in number. These
We're reduced to four by the death OF
Mr.. Haywood on February % Of this
year. One week after true bills had
been found counsel for Mr.. Quay and
the other defendants filed demurrers TO
four of them and moved 10 ouash the
fifth. Judge Finletter on December l
decided against defendants. Counsel
then carried the case 10 the supreme
court on the plea among other conten-
tioas that the prosecution was nctuated
by political motives which would pre-
vent an impartial trial in this county.
The supreme court declined to interfere.
The trial was set for February 20 and
was postponed until the 9th. when 1t
was again postponed until Monday Of
last week.
NCCT M MJIDDEDEDC