The times., 1899-04-12
THE TRIAL OF QUAY
GROWING VERY WARM
Former Judge GOrdon's Inter-
esting Testimony.
How He Obtained Possession Of the
Books of the Defunct Bank.
showed Them to Dave Martin and
John Wanamaker-An Alleged
Conspiracy Against Quay.

Philadelphia. April 1.-Indications at
the opening of the second days session of
the trial of former United States Senator
NJ. S. Quay pointed to battle over the ad
mission of certain bank books as evidence.
In these rests much of the prosecutions
strength, and it was believed that the de-
fence would put forth most strenuous et-
forts to have them ruled out.
The present trial is only one of a series
of four trials under four different juries,
though the juries will all be from the same
panel of fifty talesmen. Quay only is now
being tried, and his son does not figure ex-
cept in one of the indictments. Probably
five days will be consumed in disposing of
the one indictment under which Quay is
being tried. This accuses him of conspir
ing with a series of State Treasurers and
with John S. Hopkins. the treasurer of the
Peoples Bank, and Charles H. Mckee. of
Pittsburg. It is understood to constitute
the strongest of the indictments against
Quay.
There was an uneasy feeling when court
| opened at 10 o'clock this morning that
something might happen yet to stop the
progress of the trial 1t was whispered that
! if there had been a continuance yesterday
United States Senator to succeed Quay at
| Washington would have been elected to-
! day. There was more of crowd in the
! courtroom than yesterday many of the
witnesses falling to appear yesterday be-
cause Of an idea that the taking of testi-
| mony would not begin until today. Law
yers. in talking of the early stages of the
case, said that the Commonwealth had
made the better showing. The scheme of
/ opening won admiration. Not bit of the
case was given away" said one counselor.
and the defence was left as much in the
| dark as If no opening speech had been
made" There was method in this One
object vas not to raise the expectation
of the jurors and then have them believe
! that the evidence did not come up to prom
Use. On the contrary. the defence unwit-
tingly let out part of its plan in starting
| in to fight the admission of books which,
il turned out. were not submitted in evil
dence. but only for Identification. The
statement was also made that TO go
through the indictments one by one might
carry the trial over more than two weeks
but much of the evidence bearing on the
other cases will have to be brought out in
! this.
Barlow Again on the Stand.
Thomas W. Barlow. receiver CT the Peo-
pies Bank. resumed the stand at.the opan-
! ing Of court this morning. His examina-
| tion in chief was completed yesterday. and
! he was cross-examined by the defence to-
day. Credit is given to the prosecution
for having keenly anticipated a point il
the examination of Mr.. Barlow.
III was believed that the defence intend
ed TO endeavor TO show that the Peoples
Bank books found in Cashier Hopkins
desk had been in other hands than the re.
ceiver's since last spring The object wa:
TO prove that they were used for pur.
poses of political conspiracy. At tbs
close of Mr.. Barlow's testimony Mr.. Roth
ermel asked if the papers, letters, tele.
grams. and books were in the same con
dition when shown at the trial as wher
| Mr.. Barlow found them in the bank. Mr.
Barlow said that they were. This, tn,
prosecution will assert, rules out any
question as to who might have had then
in possession at any time the receiver
having sworn to their identity at the tim,
of the trial. thus demonstrating that thes.
were the actual books and papers as found
The District Attorney submitted to tn,
defence this morning list of III book
of the Peoples Bank. Mr. Barlow yester
day identified the books OF the People
Bank found in Cashier Hopkins desk, an,
thirty-six letters and kilograms found il
the same place. Mr.. Rothermel Shove,
some checks and drafts to the witness, VIII
identified them as those of the People
Bank 10 the best of his knowledge.
Mr. Shapley. for the defence. then pro
ceeded to cross examine Barlow Mr. Shap
ley asked series of questions to ascer
tain who had access 10 the books of tn
bank and in whose custody they had bee
from the time of The wrecking of tn
bank until this trial. Mr. Shapley the
examined the witness regarding the book
and papers found in Cashier Hopkins desl
How did these books come into you
possession asked Mr.. Shapley
.-On March 20. 1898. / received a tele
phone call from Harrisburg: my interlocl
tor WAS unknown TO me, but ne said: Their
are books and papers in Mr.. Hopkins pri
vate desk | understand an attempt wi
be made tonight 10 remove them. Tha
night at els O'Clock | went with a DO
lice officer and Mr.. Tabor, my assistant. I
the bank. opened Mr.. Hopkins desk. an
found the books and papers, which | re
moved"
The Books in Other Hands.
Then Mr.. Snapley's examination of tn
witness developed the fact that forme
, Judge Gordon and Albert b. Harris. of hi
Office, had temporary possession on Marc
~ oil the books and papers found in tn
desk and that Judge Gordon, who wa
then on the bench, had possession OF tn
books and papers from the end of Marc
until September last
The books were in Judge Gordon's ms
session for two or three hours on the even
ing of March %, you say?" repeated Nj
Shapley. Did you afterward discover tha
number of pages had been torn out?'
There was no indication of missin
leaves II the book was mutilated. il wa
mutilated before / took possession OF m
books in Mr. Hopkins desk replied NJ
| Barlow
Were any photographs taken of th
property found in Mr.. Hopkins deske"
The letters and kilograms were photo
graphed for The newspapers after the pro
; ceedings in October
Why did you. as receiver, permit Jude
Gordon 10 take the papers?" asked Nj
Shapley
Judge Gordon was a personal frien
and confidant of Mr. McManes, the pres
dent OF the bank
did you know that Judge Gordon wa
going TO New York with the books an
papers TO try TO make himself Governc
of this State?'
: ''Of eourst / didn't"
Did he not take them to Stratford
! show them to David Martini"