The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-10
QUAY'S TRIAL
On Charge of Misusing State
Money.

Philadelphia, April 10.-The trial of
ex-United States Senator Quay and his
son Richard r. Quay on charges of
conspiracy in the misuse of funds of the
Peoples bank of this city, was begun
this morning before Judge Biddle, in
the court of quarter sessions. The ar
rangementS that were in effect on the
date the trial was last called, February
q, when 1t was postponed at the re-
quest of District Attorney ROthermel
were again carried out. AS a cOnse-
quence but few except those directly in
teresJed in the case, jurors and news
paper men were enabled to gain admis-
sion to the court room. Outside the
court room a special detail of city hall
watchmen held back those not fortunate
enough to have special cards of admiS-
sion.
Promptly at 10 O'Clock Judge Biddle
took his seat on the bench. Judge Mes
trezat, of Fayette county. occupied
seat beside him, merely as a spectator,
however. Neither the district attorney
his assistants, nor the defendants and
their counsel were present at that hour.
Within a minute, however, the latter
entered Lawyer A. S. L. Shields came
first, followed by ex-senator Quay and
Richard r. Quay directly following
them came Senator BOies PenrOse, who
took a seat in the space reserved for
newspaper men. He was followed by
the remainder of the Quays' counsel, r.
E. Shapely, D. T. Watson and j. NJ
burg. District Attorney ROthermel and
his assistants, Messrs. Finletter. Glenn
ent and Scott followed almost instantly.
Counsel for the ex-senator and his son
took seats alongside each other directly
facing Judge Biddle. Mr.. Quay quite
calm and with impassive features, sat
behind Mr.. Shields and to the ex-sen-
ator's left sat his son Richard.
Mr. Quay held a brief consultation
with Mr.. Shields and then settling back
in his chair, leaned his elbow on ia
BILE by his side and from time to time
glanced about the room. His son talked
with no one and confined his attention
to observing counsel arranging the pa
pers in the case. About twenty min
utes were occupied in the calling of the
names of the panel of jurors and the
witnesses in the case, during which
Judges Biddle and Mester sat cOnvers-
ing with each other. A buzz of whls-
pered conversation went around the
court room when eX-Judge James Cor
don and former District Attorney Gra-
ham. both of whom have been active
in the prosecution of Senator Quay and
are subpoenaed witnesses, entered
and occupied seats within the enclosure
reserved for the present district attor-
ney and the court officers There was
long list of witnesses for the proSecu-
ton including Thomas W. Barlow, re-
ceiVer of the broken Peoples bank;
State Treasurer Beacon, eX-State
Treasurer Henry K. Boyer, who is now
director of the Philadelphia mint; James
s. McManes, once the leader of the Re
publican machine in this city, who was
president of the Peoples bank; George
A. Huhn, the leading stock broker of
the city through whom Mr.. Quay trans
acted much of his business; David H.
Lane, the local Republican leader.
Richard F. Loper, who was general
manager of the assigned Guarantors
Trust company, through which the PeO-
ple's bank lost upward of $500, O00 VIM.
Montgomery, cashier of the Allegheny
National bank Of Pittsburg; Allen. B.
Rorke of Philadelphia, who is building
the state capitol: Charles H. Mckee of
Pittsburg ex-Lieutenant Governor
Lyons law partner; Kent Kemble, an
officer of the Peoples bank; Teller Ia
Dor. of the same bank; all of the eX-
perts who have examined the books of
the bank, and many others, in all more
than fifty.
The first juror called was Francis ].
Hill, a painter. He and Adolph D.
Vandeventer were accepted.
John w. McClennand, signal inspect
or was the first who had formed an
opinion but said it could be changed if
accepted. William femme, paper
hanger; John J. mclaughlin, horse
shOer; James Berens, harness maker,
and James F. Creery, engineer, were
accepted.
Talcott Williams. one of the editors
of the Philadelphia Press, said he knew
both the Quays and had formed an
opinion, but he felt able to try the case
according to the evidence. Mr. Shields
for the defense cross examined.
Mr. Williams admitted that he had
written editorials severely denouncing
the defendants and had participated in
editorial councils at which the anti
Quay policy of the paper was discussed
and outlined.
The questioning led to discussion of
the responsibility of an editor for the
opinions expressed by a newspaper en-
ploying him and the political policy of
the paper in which he had no voice. Mr..
Williams stated that although he had
formed an opinion, it was not fixed and
he felt competent to try the case on its
merits Judge Biddle cited a recent de-
ciSion by the superior court in the Pitts
burg Leader case which he thought
changed the law on the subject of an
editorial writer's responsibility
Mr.. Shields finally determined to
challenge Mr.. Williams for cause" and
the judge sustained the challenge.
George w. Mccall, Charles Eisenhaus,
agent: Andrew Cochran. designer, and
VIM. Espy. carpenter, were accepted.
Robert R. Nanderer was challenged
by Mr. Shields and VIM. Jackson, rig
ger, colored man, was accepted in his
place.
George w. Mccall. Sr., juror No. 9.
was challenged by the commonwealth
and James Moutney, artist, took his
place. Edward Bevan. painter, sue
eeeded Mr.. femme. The defense chal- |
lenged Juror Bevans and Frederick
Gels succeeded him. Kuhn was chal- |
lenged by Mr.. Shields, exhausting it's
right in this respect. Charles Pensler, |
succeeded Mr.. Kuhn. The |
court took q recess.