The times., 1899-04-11


Cashier Hopkins. identifying thirty y-six let
ters and stating that they and the books
were in the same condition as when he
| first got them. There were four books
| taken from the desk relating TO the Quay
case and letters and kilograms were taken
| from the cashiers private drawer. A
| policeman, the janitor of the bank, and a
! receiving teller were present when the
| desk was opened. The court adjourned
at o'clock, while Mr.. Barlow was on
! the stand He will be cross-examined to-
morrow.
There was apparently good reason today
| to look for request for postponement
from the defence The end of the fight
! for the election of a successor to Quay IN
the United States Senate must come with
| in ten days. when the Legislature ad1ourns.
| The politicians who usually figure In med
iatorial proceedings have been BUSY in TINS
| city for several days advocating post
ponement at the instance of the defence
and formal withdrawal of Quay from the
senatorial fight within few hours. AS one
of the principal witnesses for the defence
James McManes. former President OF the
defunct Peoples Bank is seriously ill, it
was thought that there might be no great
difficulty in obtaining a continuance
| Ii was believed that Quay was perfectly
willing to accede to this programme, but
that he was dissuaded by his lieutenants,
| who are confident that the worst that could
be looked for is a disagreement oil the
| jury. They argued that If the case could
| be carried over into next week, Quay could
maintain the deadlock in the Legislature
until the adjournment of that body. thus
| leaving only one Senator, who, being a
Quay man, would continue to hold the con-
troll by that faction of the national patron
age. On the other hand the anti-Quay men
say that a break will come in the Legis-
| lature at the minute that the worst OF
| the evidence of the prosecution is brought
| out.
The Prosecution Confident.
The attorneys for the State have declared
| that they have the most convincing evil
dence in hand, and that itsis the sort not
easy to get away from, being nearly all
documentary, and as stated in the pro-
| ceedings largely in the handwriting OF
| the conspirators themselves" Books ana
papers form the keywords OF the prosecu-
ton. Sixty witnesses have been sum-
moned however, to explain and back up
the written evidence; these include six
bank cashiers.
| While the attorneys for the defence have
been extremely reticent the several meas
ures adopted by them to prevent the case
from coming to trial give an inkling oil
their proposed course. Colonel Quay and
his son have been in the city for confer
ence with their attorneys and political ad-
visers ever since last Wednesday, and pre-
sumably have something new TO spring
There has been no reservation, however, II
alleging that political conspiracy was
formed for the overthrow of Quay and thai
the conspirators inspired the proceedings
against him. The prosecution contend:
that, even were there a conspiracy, the
fact would not constitute a defence il they
discovered criminal misdeeds and brought
the miscreant to justice Sharp crimina
lawyers add to this that the counter charge
of conspiracy is always dangerous de-
fence, as it confuses the minds of juror:
and virtually puts the prosecution on trial
The defence will contend that the cash
ier Of the Peoples Bank had the righ
under the peculiar form OF charter OF th'
bank to speculate in stocks. They VIII alsi
avow that Quay had the right to entel
into the several transactions which they
say were legitimate. One of the d-ff-
culties confronting them is the framing
OF an explanation of Quay's telegram tt
Hopkins, the cashier OF the bank: Il
you buy and carry a thousand MET. fol
me, ! will shake the plum tree" Th'
correspondence relating to Dick Quay, i
is felt, is the most difficult with which
the defence has TO contend. The strong
est of the charges made against Colone
Quay is thought TO be that accusing hin
of conspiracy to misuse the Peoples Banl
funds.
The Indictments.
The indictments against the Quays wer
returned by the grand jury on Noyembe
Il, 1898. Their numbers on the court cal
endar run from 32S TO 33l. inclusive.
ffth Indictment. growing out of the sam
charges, was found against Benjamin J
Haywood, who was for several terms Stat
Treasurer. and who was named as a fel
| low-conspirator in Two OF the Indictment
| found against the Senator, but Haywood
death, in February ended the prosecution
in his case, and left the Quays, fathe
and son. to face the ordeal alone.
The first Indictment charges Matthsy
S. Quay, together with John S. Hopkn
and others with conspiracy TO use tn
property of The Peoples Bank in the pur
chase and sale of stocks. The second in
dictment accuses Matthew s. Quay wit
conspiracy with John S. Hopkins, in Hop
kins' capacity as cashier of the People
Bank, in the buying and selling of stocks
; There are three counts in the third indict
ment-one charges Matthew 5. Quay, Ben
jsmin j. Haywood, and Richard r. Qua
with conspiracy, on December l, 1886. /
convert to their own use 100000 of Stat
funds The second count charges that the
did use the money. and the third count al
leges that they lent the money without in
terest
There are two counts in the fourth in
dctment. In the first Quay and Haywoo
are accused of conspiracy with John s
Hopkins. William Liysey. William {
Hart. Henry X Boyer. John W. Morrison
Samuel NJ. Jackson and Charles Mckee
all of whom except Mckee and HopAin
we're former State TreasuTeTs, with conspi
racy TO use for their own purposes fund
Of the Commonwealth deposited in tn
Peoples Bank by State Treasursrs sine
May l, 1886. when Quay filled that ace
In the second count, it is alleged that tn
money was used fraudulently. The in
dictment against Haywood charged tina
: he lent s100,00O OF the State funds 10 hi
own profit.
: Juct ont of reach is where every ma ?