New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-13
POINT MADE AGAINST QUAY
ROCKS OF THE PEOPLES BANK. ADJ
MITTED AT HIS TRIAL.
JUDGE INCLINED TO RULE OUT RED
BOOK" BUT DECISION UPON 1T DE-
FERRED-"sHAKE THE PLUM
TREE" TELEGRAM IN
EVIDENCE

EVIDENCE
phiIadelphia April Ex-senator Quay gained a
nar tal advantage in court to-day by the apparent
refusal of Judge Biddie. for the present least.
IN admit as evidence against him the famous "Red
pook." which has figured prominently In the trial,
and which is alleged to contain the key to the
Of the Commonwealth. This book found In the
desk OF Mr. Hopkins cashier Of the Peoples Bank
after the institution had closed It's doors and he
had taken his own life. 1t is ordinary daybook.
about twelve inches long and eight inches wide.
with about two hundred pages.
Twelve pages are devoted TO what the prosecution
charges is Hopkns's record Of his transactions in
money deposited by the State Treasurer for the ad
vantage of Senator Quay
The book contains entries extending over several
wears and figures are written In It which apparent
~ show the calculation Of interest of money
approxmating the State deposit. less certain de-
auctions for the benefit of Senator Quay. These
the Red Book to the regular ledger OF the bank
containing Senator Quay's account. In passing
upon the question OF the admissibility OF the RED
Book" Judge Bidde said:
ut does not strike me that knowledge OF the
book has been brought home to Senator Quay 1t
was not found among the books of the bank at all.
II found in drawer, not in the orderly shape
in which books of public institution kept. but
crowded In with sort OF rubbish. and investi-
CATION Of the book revealed these figures. am not
satisfied therefore. that this book has been made
competent evidence against Senator Quay"
This decision part of an oral opinion by tho
Judge in which he established the point that the
regular books Of the bank admissible testi-
rony District-Attorney Rothermel quickly .,ie
disadvantage the latter part OF the opinion placed
him In. and he sprang TO his feet TO assure the
Court that he had not argued for the admission
of the Red Book" had not formally offered It in
evidence. and might not find 1t necessary to make
such offer
Judge Biddle replied that he had understood the
argument of yesterday and this morning to be
the admission of all of the books and papers. but
in view Of Mr. Rothermels statement he would
withhold his decision this book until 1t is regu
larry offered and the question argued. Counsel for
Mr.. Quay seeing their advantage. insisted that they
had included the Red Book in their argument
against the admission Of the books. but the Judge
dismissed the matter for the present.
The Commonwealth contends that although the
"Red Book kept by Cashier Hopkins in
separate compartment away from the eyes Of the
other employees, 1t was necessarily part Of the
bookkeeping system Of the bank. and 1t will have
10 be admitted to corroborate and explain entries
in Senator Quay's account IN the ledger
DISAPPOINTMENT FOR QUAY'S COUNSEL.
The lawyers for the defence were evidently disap-
pointed at their failure 10 secure the exclusion of
all the books Of the bank, and thus practically
destroy the Of the prosecution. 1t has been
understood that Mr.. Watsons presence in the case
for the purpose Of making the fight against
the books. Practically all Of the evidence against
Senator Quay is documentary in the shape of let
tiers and book entries, and the attitude Of his
counsel has clearly indicated purpose to fight TO
the bitter end against the Introduction OF such
evidence.
Their failure in this respect was not COM
plete, however they have apparently Sc
cured the exclusion of vital evidence contained in
the little memorandum book. known for purposes
of Identification ,ne Red Book. which gains
its title from the fact that the computations OF
interest in it made IN red ink by Hopkins
They unsuccessful in the effort to keep out
the letters and kilograms written by Senator Quay
10 Hopkins. directing him to make certain transac
tons in stocks. These were all made public the
time OF Senator Quays preliminary hearing in Oc-
tober last The letters in Senator Quay's
handwriting with one two exceptions
All Of the afternoon the lawyers argued at cross
purposes on the manner of the introduction of the
bank books. The District-Attorney wanted to
avoid the physical inconvenience of bringing into
the courtroom several wagon loads Of ledgers and
account books. asking that they be identified in a
lump and separate books brought into court as
needed The defence would consent to this,
and the matter still under discussion when
court adjourned until tomorrow.
When the court opened for the third day Of the
trial II was plain that a crucial point In the pro-
ceedings had been reached, namely, the question
OF the admission OF the books Of the bank evil
dence. and especially those documents found in the
private desk of the cashier Distrct-Attorney
Rothermel argued in reply to Mr.. Watson. who
spoke yesterday. urging the admission of the books
Of the bank. His first point was that all manner
of criminal charges established and proved by
circumstantial evidence, the crime of conspiracy
being frequently proved in this way Mr.. Rothermel
bore strongly the continued payment of interest
on the Commemorative deposit in the People S
o He In nv LEFT
tiers and kilograms that Mr.. Quay was borrowing
money from the bank for the purchase of stock.
and that he paid no interest these. moneys
Mr.. Rothermel said he would show that on Oc-
tober |. 1897. Mr.. Quay indebted to the bank
indorser for his in the of 10000 and
how that debt created. He would show that
the Board of Directors agreed to discount that
note provided certain letter was obtained from
State TREASURED Haywood guaranteeing the de
post Of an equal amount This letter is generally
regarded as the most damaging piece of evidence
against Richard r. Quay
Continuing. Mr. Rothermel said he would prove
Mr.. Haywood received interest on that 800 oOo
Mr.. Rothermel dealt at length with the conten-
Senator Quay is fatally defective because 1t deals
with matter foreign TO the case under considera-
ton
D, When the District-Attonney concluded Judge
notT' '''' '""' was "'
Yes, sir. but these transactions are entirely out
Mr.. Watson Of Mr.. ouay's counsel replied brief
" TO the District Attorneys argument. He drew
me attention OF the Court 10 the points he raised
JUDGE BIDDLE ADMITS THE BOOKS
Judge Bidde. in his opinion. said that the Com
monwealth had the right to deposit money in a
oahk' and that 1t then ceased 10 be money of the
commonwealth. and the bank might loan It to
, WON pleased If that was the case" he con-
ton is p mo crime I'm ha been committed The aega-
or persons ever fail to give crime nj on
appearance OF innocence anne '"ii''eo all
81 'ls commonwealth can show that Mr. Ousv
IRON ms political influence was able 10 ,nS uas
III M, S3pinnohweaith 70 make deposit in the Peo
PIE . pank under the condition that II was 10
posi- mace 70 allow him TO II as collateral and
nv interest," on H. then II is a different mat
string tied TO IT. uep"si' win 4