The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-04-12
Desk of the Dead Cashier of the PeO-
pies Bank Broken Open at he
hest of a Mysterious Informant.
JUDGE GORDON'S TESTIMONY
BANK RECORDS WERE PHOTO.
GRAPmED AT HIS SUGGESTION.
Originals Were shown to David Mar
tin, Leader of Anti-Quay Faction,
and to John Wanamakcr.

PHILADELPHIA, April lin the trial
of ex-senator Quay to-day his lawyers be-
gan what Is regarded as the all-important
contention IN their fight for his acquittal,
namely that the books Of the broken Pe0-
pies Bank not competent testimony
against the accused man and therefore
should not be admitted in evidence. On the
decision of this point rests the entire fabric
of the prosecutions case. Should Judge Bid
die decide the point well taken, the COM
monwealth's case will necessarily collapse
In order to secure the most effective pre-
sentation of this phase of the defense, Mr.
Quay brought TO his aid the skill of David
K. Watson, of Pittsburg, one of the ablest
attorneys in Pennsylvania, and ranking IN
fact with the best in the country. Mr. Wat
son spoke on this subject for nearly two
hours this afternoon and had the almost
breathless attention of a room filled with the
legal lights of the local and state bar. Many
of these lawyers expressed the opinion that
Mr. Watson made a very strong argument,
but what its effect will be on the judge re-
mains 10 be seen.
The district attorney opened the proceed
ings in this phase of the case by offering
in evidence the books of the bank extend
ing over a number OF years and along with
and letters from Senator Quay and State
Treasurer Haywood, found in the desk of
Cashier Hopkins after that official had COM
mitted suicide. He read long summary OF
what the books and papers showed and
stated what ne expected 10 prove by them,
to-wit, that through conspiracy with Cash
ier Hopkins State Treasurer Haywood and
other state treasurers, and possibly other
officials Of the bank, Senator Quay used a
fixed amount of state money deposited in the
institution and received interest on another
fixed portion of the state deposit. Much OF
the evidence offered by the district attorney
was brough- out at the preliminary hear
ing on Oct. D. last. There was some new
matter however, dealing principally with
the amount of money loaned by the bank TO
Mr.. Quay, and during the past twelve or
fourteen years, the amount paid 10 him
and other state treasurers on state deposits.
Mr.. Watson contended that the mere fact
that bank clerks, with 10 personal knowledge
of the truth of what they were writing, en-
tered certain figures in a book, which fig
ures purported to represent interest paid TO
Senator Quay, was no proof that the money
had been received by him or that there had
been any intention to pay it TO him. This
argument is in line with the defense's con-
Hopkins, who used the senator's name 10
cover up his own illegal transactions. Mr..
Watson also attacked the indictment, de-
claring it to be fatally defective
Judge Biddle will probably decide to-mor-
row whether the books of the bank are adj
mssible. 1t he decides that they are Mr..
Quay's lawyers will next take up the men,
orandum books and letters belonging to Hop
kns, and oppose their introduction as valid
testimony. Previous to the presentation of
the bankbooks by Mr.. Rothermel, the exam
ination of Receiver Barlow was concluded
and ex-Judge James Jay Gordon, who the
adherents of Senator Quay declare is respon-
sible for what they term the conspiracy
against their favorte, gave testimony IN
confederation and explanation of Mr.. Bar
lows statement. Mr.. Barlow created a SEN
sation by the statement that he had broken
| open the dead cashiers desk and taken
therefrom the books and letters appertainiRg
to the Quay trial at the behest of a mystic
rious informant who spoke to him over the
telephone from Harrisburg and stated that
there plot on hand TO steal the COM
promising documents that night. He was,
he said, never able to learn who his mystic
rious friend was. The fact was CLEANED from
Mr.. Barlow that the bankbooks and letters
were practically in the control of Judge
Gordon from April until September, of last
year. He considered this proper, as Judge
Gordon was the confidential advisor of Pres
ident McManes, of the bank.
Judge Gordon gave his testimony in a
quiet, convincing manner. He deprecated
the stories of conspiracy against Senator
Quay that have persstently been put in cir
culation, and frankly answered every ques-
ton asked regarding the use he made Of
the papers while he had them. He admitted
they had been photographed at his sug-
geston, but merely for purposes of safety
in the event of the originals being destroyed.
He also admitted. showing them 10 David
Martin, the leader of the anti-Quay faction:
TO John Wanamaker, a bitter opponent
of Senator Quay, and two others.
including a partial exhibition of let
ters 10 James NJ. Guffey, the Dem
ocratc leader of this State, but not in
the manner hinted at by the defense Judge
| Gordon asked permission of the judge to
make statement of his connection with the
| case, but the entire array of Quay counsel
| objected instantly and what would have un-
| doubtedly proved interesting reading was