The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-19
Had His Inning In the Conspiracy
Trial Yesterday.
RAISING THE BLACK CLOUD
EVIDENCE OF THE PROSECUTION
BADLY SHAKEN.
The Senator's Lawyers Place Him In
Different Light During the
Cross-examination of Expert Gold
smith-The 'Red Book" Is Not So
discriminating After All.

Philadelphia, April 1S.-The defense
had its inning today in the trial of Sen
ator Quay and made the most of its
opportunity. Expert Accountant Cold
smith, the commonwealth witness,
was under a screening fire of cross
examination all day, and the result OF
1T JuStineS the opinion tnat Une network
of evidence wrought by the prosecution
from the books OK the broken bank,
tending to show Senator Quay's guilty
participation in the unlawful use OF the
banks money, was very much shaken
| by the admissions the witness was COM
PEELED TO make under the sKiiltuI que5-
, tioning Of Attorney l.. S. Shields, ad-
mittediy the be5G cTOss-eXamlner prac-
tiCinS al the Philadelphia bar Nearly
ali The apparently damaging entries al
tached to Senator Quay'a name or &C
count as testified yesterday were eX-
plaiEad away or greatly modified by
the statements of the commonwealth
own WitndaS.
Judge Biddle's ruling of yesterday
had the effect of confirming testimony
tending to snow the existence OF a con-
soiracy between Quay, haywood and
hopkins, as chars ed in the indictment,
for the two years ending Nov. II, 1893.
Lawyer Shields got from the witness
the statement that if Hopkins, had cred
tied Quay'S account with amounts that
belonged there, the books would show
that at the beginning of the alleged
conspiracy, Nov. II. 1896, the senator
owed the bank only 1926, instead of over
$7O,OOO as is alleged.
Loans Made to Others.
Taking up the allegation that Senator
Quay had borrowed 1885,. 900 during the
settlement period ending oct. 81,
1897, the last settlement before the bank
closed, Mr.. Shields forced from Cold
smith, by piece, facts tending to show
that in nearly every instance the
amounts charged to Senator Quay were
really loans to other persons, politicians
mostly, for whom Quay endorsed.
Where there was a definite loan 10
Senator Quay the repayment was clear
ly proven. In this connection, il might
be well to say that District Attorney
Rothermel claims that he has clearly
established the fact he started out 10
prove, namely. that 5000, goo of the state
deposit in the bank was set aside for
the use of Senator Quay, and VIII Their
he USED it himself or leaned it to others
does not affect the proof CT the con-
spiracy-
Towards the close of the days pro-
ceelinEs Mr. Shields asked Goldsmith
some questions which indicate the de-
fence is liable to attempt to prove its
contention that Senator Quay was the
victim of Cashier Hopkins. who, they
acyert used the name and account Of
the senator without the latter's knOwl-
edge to cover his own Juggling with the
banks funds
Hopkins, they say, appears to have
used fictitious names for loans, as well
as the name of Senator Quay. He had
the reputation of being q heavy specu-
lator in the stock market. and the infer
ence is that the defense will attempt to
prove that Senator Quay had no knowl-
edge whatever of the alleged loans on
his account.
The Red Book"
Mr.. Shields put a different complex
ion on the entries in the red book
by compelling the witness to admit that
many of his figures were not proven by
entries in the regular bank books, buc
were the result of what he practically
acknowledged to be his -guesses" at the
meaning of certain uninteiligibie figures
written in the red book.
Goldsmith was still on the stand when
court adjourned for the day, and the
questions put to him near the close
were full of promise OF interesting de-
velopmentS tomorrow. Much Of the
sting was taken out of the shake the
plum tree" purchase by the statement
that the purchase of Metropolitan Stock
thereby was made by ST. 600 of Senator
Quay's own money his deposit at that
period exceeding $50 600.
While Senator Quay was listening in
tently to the REORGANIZATION of the
expert, a telegram was thrust into his
hand containing the information of the
break in his ranks at Harrisburg.
The senator carefully adjusted his
glasses and read the dispatch, then
half frown came over his features. and
his face turned from the witness to the
court room window, out of which he
gazed in a contemplative manner for
several minutes. He made no comment
to any of those seated near him on the
news the telegram conveyed to him.
New Shipment of Navajo Blankets