The San Francisco call., 1899-04-12
QUAY SEEKING To
BAR BANK BOOKS
Opposes Their Admis-
sion as Evidence.
Special Dispatch to The Call.

PHILADELPHIA, April II. In the
trial of ex-senator Quay to-day his law
yers began what is regarded as the all
important contention in their fight for
his acquittal-namely that the books Of
the broken Peoples Bank are not compe-
tent 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 prosecu-
tons case. Should Judge Biddle decide
the point well taken the commonwealth 8
case will necessarily collapse
In order to obtain the most effective
presentation of this phase of the defense
Mr. Quay brought to his aid the skill
of David X. Watson of Pittsburg, one
of the ablest attorneys in Pennsylvania.
ranking, in fact, with the best of the
country. Mr.. Watson spoke on this sub
ject 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
What its effect will be upon the Judge
remains to be seen.
The District Attorney opened the pro-
ceedlngs in this phase of the case by Of
Ierlng in evidence the books of the bank
extending over number of years, and
D.
letter-press book and letters from Sena-
tor Quay and State Treasurer Haywood
found in the desk of Cashier Hopkins af-
ter that official had committed suicide
He read. a long summary of what the
books and papers showed and stated what
he expected to prove by them, to wit:
That through a conspiracy with Cashier
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
int
on another fixed portion of the State de-
pOsit. Much of the evidence offered by
the District Attorney was brought out at
the preliminary hearing on October 5
last. There was some new matter, how
ever, dealing principally with the amount
of money loaned by the bank to Mr..
fourteen years, the amount paid to him
and other State Treasurers on State de-
posits.
Mr.. Watson contended that the mere
knowledge of the truth of what they
were writing. entered certain figures in
a book. which figures Purported to repre-
no proof that the money had been re-
ceived by him or that there had been any
intention to pay it to HIM; This argu-
tention that Mr.. Quay was the victim of
Hopkins, who used the Senator's name to
cover up his own illegal transactions
Mr.. Watson also attacked the Indictment,
declaring it to be fatally defective
Judge Biddle probably will decide to-
morrow whether the books of the bank
are admissible If he declares they are.
Mr.. Quay's lawyers will next take up the
memorandum books and letters belonging
to Hopkins and oppose their introduction
as valid testimony. Previous to the pres
entation of the bank books by Mr.. Roth
ermel the examination of Receiver BarA
low was concluded and eX-Judge James
Gordon, who, the adherents of Senator
Quay declare, is responsible for WhattheX
term the conspiracy against their favor
ite, gave testimony in corroboration and
explained Mr.. Barlow's statement.
Mr.. Barlow created a sensation by the
statement that he had broken open the
dead cashiers desk and taken therefrom
the books and letters appertaining to the
Quay trial at the behest of a mysterious
informant who spoke to him over the tel
ephone from Harrisburg and said there
was a plot on hand to steal the compro-
missing documents that night He was,
he said, never able to learn who his mys-
terious friend was The fact was
CLEANED from Mr.. Barlow that the bank
books 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 con-
fidential adviser of President 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 persistently been put into
circulation and frankly answered every
question asked regarding the use he made
of the papers while he had them. He ad-
mitted that they had been photogra phcd
at his suggestion but merely for pur-
poses of safety in the event of the orig
inals being destroyed. He also admitted
having shown them to David Martin, the
leader of the anti-Quay faction; to John
Wanamaker, a bitter opponent of Sena-
tor Quay, and to others. Including a par
tial exhibition of letters TO James M.
Guffey, the Democratic leader of this
State, but not in the manner hinted at by
the defense.
Judge Gordon asked permission of the
Judge TO make a statement of his connec-
tion with the case, but the entire array
of Quay counsel objected instantly, and
what undoubtedly would have proved In
teresting reading was thus shut off