The times., 1899-04-22
QUAY'S JURY ACQUIqS
Elm OF CONSPIRACY
A Verdict Reached After an
All-Night Session.
This Result Was Anticipated After
The Prosecution Rested.
The boss Receives the News without
Apparent Surprise-The His
tory of the Suit.

Matthew S. Quay was declared not guilty
this morning of the charge against him OF
conspiracy to use unlawfully money of the
Bank. The verdict was returned at IL
o'clock, when the jury. which had retired
about o'clock yesterday afternoon, was
brought in after an announcement that an
agreement had been reached The acquit-
tai was generally expected after the prose-
cution rested on Wednesday afternoon.
having offered practically only expert tes-
! timony to prove the case. The jury, when
it withdrew, took into the jury room all the
books of the bank and the other documents
which had been admitted into evidence
and which had formed the basis for the
experts testimony. and it had been thought
that the jury might not finish its examina-
tion of the books so soon.
Papers and books found in the desk OF
John S. Hopkins. cashier of the Peoples
Bank in Philadelphia. were the ground of
the proceedings against Quay. Hopkins
committed suicide toward the end of March.
1898, and as soon as papers left by him
were opened and it was found that certain
OF Hopkins transactions had imperiied the
| bank, the doors were shut and a receiver
was appointed.
This receiver. Thomas w. Barlow. found
as he testified later. books and papers in
Hopkins desk which. it was alleged. i'm
lAplicated Quay with others in the unlawful
use of State funds deposited in the bank.
History of the Case.
| Quay was first made a defendant at the
bar OF justice on October g. 1898. when il
was announced BY District Attorney George
S. Graham that warrants had been sworn
out for the arrest of Senator Matthew S.
| quay, Richard R. Quay, his son and Ben
jamin T. Haywood. former State Treasurer.
There was hearing before Magistrate
Jermon that day, and on November II
| the case was laid before the grand Jury.
| and on November 81 five true bills were
found. The fifth was returned against
Haywood, but his death ended prosecution.
| The first indictment charged NJ s. Quay,
John 5. Hopkins, and others, with con-
spiraey to use unlawfuliy, to purchase and
sell stocks with funds of the Common
wealth deposited in the Peoples Bank
This was kind of omnibus Indictment,
which involved practically all the charges
In the other indictments and il was upon
II that the prosecution took its case to the
| jury.
The defendants were called to court to
| plead to the indictments within two days
after the indictments were returned. The
defendants appeared with hurriedly drawn
demuTrers and asked time to prepare the
demurrers with more care. The request
was granted, and the defence was allowed
until November 2S to prepare their case.
The demurrers were overruled on Deem
| ber /. and counsel for the defence entered
the plea of not guilty. The trial was then
set down for December IL. but on Decem-
Der 10 the Supreme Court granted a rule
upon application by the defence calling
upon the Commonwealth to show cause
why writ of certiorari should not be
issued to take the record to the higher
court The defence, in the petition for the
writ, declared that the prosecution was
the result of political conspiracy to
overthrow Quay. and the Supreme Courts
rule stayed proceedings until January 7,
which was four days later than the time
Bxed for the Republican caucus to nomi-
nate candidate for United States Senator.
The argument on the petition for the writ
was made on January I, before the Su-
preme Court, and on January 10 the courts
| opinion denying the petition was handed
| down. February 2I was then appointed
for the trial, but after court had opened
on that day the prosecution announced
that it would not proceed with the case at
that time for a reason which was after
ward learned to be dissatisfaction with the
| composition of the Jury panel The trial
was then set down for April 10, when 1t at
last began 1t continued until yesterday
| afternoon when the case was entrusted 10
! the jury.
The Trial
The first week OF the trial was passed bv
| the prosecution putting into evidence de-
spite fierce objections by the defence. the
! books of the Peoples Bank and books and
papers found in Hopkins desk Among
these books was the red book, which the
prosecution alleged, contained calculations
showing how the interest on State deposits.
less 20 per cent credited to the bank. and
less the interest on 100000 of State money
| alleged to have been set aside for Ouay
was divided among the consplrators.
Among the papers, which were chiefly let
| tiers from Quay to Hopkins regarding stock
| transactions, was the famous telegram:
IF you buy and carry 1000 Net for me
will shake the plum tree" letter from
State Treasurer Haywood to President
McManes, OF the Peoples Bank, stating
that 100000 would be deposited in the
bank, not to be withdrawn until Richard
r. Quay had arranged a loan of sl0O. 900,
was also put in evidence in connection with
the minutes OF the meeting of the board
OF directors OF the bank alleged to refer
to the transaction indicated by Haywood's
| letter. The admission of all the documents
was secured by the testimony OF witnesses
some OF whose statements or whose ap-
pearance on the stand were dramatic fea-
lures of the trial.
| Thomas w. Barlow testified for instance
| that Hopkins desk had been opened as
| the result OF an anonymous telephone mes
sage from Harrisburg. Former Judge
James Gay Gordon, whose appearance was
| dramatic In itself as he had been accused
! by the defence OF being the chief instigator
| OF the prosecution, testified that the books
| and papers had been shown to John Wan
amaker and Col. James NJ. Guffy ayowed
opponents of Quay. Later in the first week
former Assistant Cashier H. Clay Kemble
| testified that Hopkins was the whole
bank"
Goldsmith's Testimony Helps Quay,
When the documents had all been ad-
mitted the prosecution called practically
only one witness to prove the Common
wealth's case by analyzing the bank books
| and the red book with reference to the let
tiers and kilograms. This witness, Never
Goldsmith, an expert accountant, was on
the stand almost continuously from last
Monday morning until Thursday noon.
presenting the alleged results of his ex-
animation Of the banks books as these
results bore upon the charges in the in
dictment. On cross examination, how
ever. he made many admissions which
were thought at the time to be damaging
to the prosecution, as they seemed to show
that prior to the statutory Deriod -nf two