The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-04-24
The QUAY CASE.
A Fair Trial That Must BE Accepted
as a Personal Vindication.

fnllduelpnld Times Qnd.)
Every precaution had been taken by the
prosecution to assure a fair presentation
or Its case. The jurors were drawn from
the wheel in the presence of not only a
Judge out OF the district attorney, Ihe
character of the jurors was carefully in
quired into by the prosecution, and the dis
trict attorney exercised his right, under the
Ola common law relic of the dark ages. TO
stand aside fourteen jurors of the panel
which gave him eighteen challenges against
four for the defense. The jury was, there
fore. practically chosen by the prosecution.
and no complaint has been maze that any
improper influences had been brought 10
bear upon any OF them. Judge Biddle gave
the district attorney the widest latitude for
the prosecution of his case: not a single
oner OF testimony regarded by him as ma
terlal was rejected by the court. The prose-
eution was thus entirely untrammeled: il
mad open doors TO the court and jury for
all the evidence IL possessed, and when the
district attorney closed his testimony the
defense submitted the case to the court and
jury without calling a single witness. A
verdict OF aequittal for Senate quay un-
highest measure Of personal vindication.
The prosecution was not only greatly
Judge Gordon left the stand. after having
been called by the prosecution. The court,
the jury and the public then understood
IL was not done 10 serve the ends of public
justice. The fact that the evidence against
nenJa9r n Suay 70 was aTv pia nystd,c IN the political
ends, and finally, after holding il for six
months. having failed to advance the pur-
poses OF ambition, it was made the instru-
ment of personal revenge, was a fatal blow.
Thls development, made by the prosecution
ltself, stripped from the case of the COM
~monWealth every element OF Sanctity, and
only the clearest proof of moral turpitude
and legal guilt could thereafter justify a
conviction.
The fundamental error of the prosecution.
Tor which District Attorney Rothermel was
not responsible, was the assumption that a
conspiracy could be inferred by the political
and business 0naraffnnS Of pniftinal 1oodare
Wnlch have been as open as MONDAY in this
State for half a century. There never was
i Z SffniIIplrd fSy the to use reas the f Ps9li f,s money @ys UNI IN
need for such conspiracy. All parties and
all leaders who have had control of the
treasury OF our State for fifty years past
have held the treasury as a great engine of
political power and generally Of profit.
Without the pretense of c~oncealment. the
treasurer could control his deposits and
thereby, when necessary. IL sufficiently
credited with the banking institutions, OBJ
tain discounts which others in the regular
course of business could not obtain, and all
this has been done as visibly to the public
as The sunlight OF an unclouded monday.
always been unlawful, but not more SO
than the use Of political power to control
public honors and emoluments to serve indi-
vidual or political ends. A criminal conspi-
racy means much more than the political
combinations which are made and con-
fronted in the political conflicts OF each year
without attempt at disguise.
1t is not disputed that our treasury sys-
tenn in Pennsylvania has been a loose, cor
rupt ana p~rofiigate one. 1t has debauched
our politics; it has given individual favors
TO political leaders as they in turn would
unhorse each other, and 1t continued until
~islature was compelled to bow to aroused
public sentiment and place our treasury on
a business basis and compel its profits to
been a seething cauldron of corruption and
fayorltism. but 1T was made and continued
so by political mastery won In open day and
in face to face conflict, and the criminal
element of conspiracy was unknown in 1t.
1t Is not surprising, therefore,, that the fierce
partisan accusation made against Quay as
mate profits for deposits, was d~issipated like
the mists of the morning before the sunlight
If Senator Quay has been guilty of a con-
spiracy to use the money OF the State I'M
lawfully, there Is hardly q single banker In
this city, and few throughout the State. who
have not been at one time or other guilty
of like lawlessness and should have been
sent to prison by the criminal courts. Men
posts When there we're eere' millions Of idle
money in the treasury, as was common some
years ago; and times without number such
banks or bankers who, because OF the de-
posits given, made liberal discounts to those
who controlled the deposits; and yet every
such transaction was a criminal conspiracy
and should have been punished by the law
If Senator Quay was q conspirator to that
ehQ. InlS trial mas cleared up the pOiitlcal
atmosphere that has been made foggy by
the iercest fractional conflict, and the courts
will not likely be soon summoned again to
the support Of those who are too feeble or
too cowardly to make a successful battle
against political leadership.
Senator Quay's acquittal will be accepted
by all as a complete personal vindication,
and the several other indictments against
him and his son will doubtless be nolle
pressed at an early day, as no judge In this
city, since the retirement of Gordon. would
be likely to permit a rehearing Of the case.
But those who assume that IL means the re-
election of Mr.. Quay to the Senate and the
restoration OF his absolute political mastery
in the State nave little appreciation OF the
political conditions which exist entirely in
dependent of the criminal prosecutions. If
the legislature were In session to-day Sen
ator Quay's acquitta1 would not bring a sin
gle vote to him that was cast against him
the day before adjournment, and while he
is unquestionably strengthened in his polit-
ical position by his acquittal, the vital issue
that divides his party Is over and above all
issues involved in the criminal prosecution.