The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-18
Ex-senator Scored Two Points In
His Trial.
TESTIMONY NOT ALLOWED
WITNESS GOLDSMITH MAKES
DAMAGING STATEMENTS.
Statute of Limitations Brought Up
and Decision Favorable to the
Defendant Rendered By the Court
Money Borrowed By Quay and
Interest Paid to the Bank.

Philadelphia, Pa, April 17.-Meyer
Goldsmith, the commemorative expert
accountant. was on the stand all day in
the trial of Senator Quay. making
statements of facts that are apparent
ly damaging to the defendants side of
the case. Goldsmith is the main wit
ness for the prosecution, and it is
through him that all of the document
airy evidence is to be presented This
witness has examined the banks books
thoroughly, and he came into court this
morning with number of typewriter
sheets containing figures that he gath
cred from the various books, relating
mainly to the deposit of the state
treasurer and the accounts of Senator
Quay.
He swore to the correctness of his
work, and then the district attorney
formally offered the paper in evidence
This was objected to by the defense, on
the ground that such a paper is not
testimony. 1t was insisted that the
books themselves should be placed be-
fore the witness and his statements ut
tered from what he saw entered in
them. The judge decided in favor of
the defense, thus giving that side the
first piece of comfort it has experienced
since the trial began.
Although the defense has apparently
Sciii4Cl l1IS punt, tIlG paper Was DIdc-
ucaly in evidence, witness Goldsmith
using it's contents framing his an
sWers to the district attorneys ques-
lions. When the Quay lawyers OBJ
Jected to this they were met by the
judges explanation that while the pa
per could not be used as sworn evil
dence, the witness might use it to re-
fresh his memory.
One effect of all this was to make it
ca tlit hot
the jury, there having been some doubt
on this point up to the decision to admit
all that Goldsmith might have to say.
Another Point For Quay.
Just before the close of the days pro-
ceedings there was another ruling by
Judge Bddle in favor of the defense
which may have an important bearing
on the future of the case. The statute
of limitations has been pleaded time
and again by Senator Quay's lawyers
as bar to much of the testimony pre-
sented by the commonwealth. AS Mr..
Quay was indicted on Nov. II, 1898, the
two years allowed by the statute for
prosecution would extend back only to
Nov. II, 1896. On this basis Mr. Watson
has frequently urged Judge Biddle to
exclude mention of transactions dating
back to 1885, when Mr.. Quay was state
treasurer. The court has held in effect
that the statute of limitations does not
affect the evidence, but does affect the
crime
The district attorney pointed out that
he alleges the defendants guilt during
the two years the law confines him to,
and to prove this, the corroborative
evidence of the previous years should
certainly be admitted. Judge Biddle
decided against the commonwealth, and
the Quay lawyers We're very happy. He
ruled that the evidence should be con-
fined to the conspiracy alleged, and
not relate to some other conspiracy.
1t is interesting to note that there was
every indication that the judge was in
clined to rule against Mr.. Quay when
Mr.. Watson, who has a suave, persua-
sive style, got on to another little
speech, similar to several he had made
during the day, and begged the court
to consider the point that the prosecu-
ton has SO far failed to show a specific
and that this should be done
before it went into the general question
of conspiracy. The judge took this
view, and ruled accordingly. The law
yeI9 for the defense claimed that the
decision practically rules out the fig
ures prior to Nov. II, 1896 Mr.. Rother-
mel says it's effect will be to prevent
him from introducing much of the evil
dence he hoped to present.
Figures From the RED Book"
All day long Mr.. Goldsmith read out
figures taken from the bank books en-
bracing the various settlement periods
of six months each. dating back to
October 81, 1892 showing the amount of
the state deposit, the amount loaned to
Senator Quay during each six months, |
the amount of interest allowed the state
treasurer for that portion of the state
deposit apparently not set aside for |
Senator Quay's use, the amount of in
tereey, if any, the senator paid on his |
loans, and the amount of money used |
to purchase stock for him. The de- |
oosit during the years mentioned rang
ed from $1,20O,00O to 100000 Senator |
Quay's loans We're shown to be as great |
as SS66,000 in one period of six months |
Occasionally, the witness said, smaller |
md inadequate payment of interest by |
Senator Quay was shown, but gener- |
ally there was nothing to- indicate that |
lie paid for the use of the banks money.