The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-18
FIGURES.
Expert in Quay Case
Tells of Alleged
Loans.
SAID TO BE 100000.
Defense Gains Two Impor-
tant Rulings From
Judge Biddle.

Philadelphia, April 17-Meyer Gold
smith, the commonwealth expert ac-
countant, was on the stand all day in
statements of fact that are apparently
damaging to the defendants side of the
case. Goldsmith is the main witness
for the prosecution, and it is through
him that all of the documentary evil
dence is to be presented. This witness
has examined the banks books thor
oughly and came into court this morn
ing with a number Of typewriter
sheets containing figures that he gath
cred from the various books, relating
mainly to the deposit of the state
treasurer and the account of Senator
Quay,
He swore to the correctness of his
work and the district attorney formal
ly offered the paper in evidence. This
was objected to by the defense on the
ground that such a paper was not
testimony. 1t was insisted that the
books themselves should be placed be-
fore the witness, and his statements
uttered from what he saw entered in
them. The judge decided in favor of
the defense thus giving thaA side the
first piece of comfortit has experienced
since the trial began.
Althohough the defense apparently
gained this pint, the paper was prac-
tically in evidence, witness Goldsmith
using its contents in framing his ans
wers to the district attorneys ques-
lions. When the Quay lawyers object
ed to this they were met by the judge $
explanation that while the papers could
not be used as sworn evidence the
witness might use it to refresh his me-
mory. One effect of all this was to
make it certain that the case VIII now
go to the jury
Just before the close of the day s
proceedings there was another ruling
by Judge Biddle in favor of the de-
Tense which may have an important
bearing on the future of the case. The
statute of limitations has been pleaded
time and again by Senator Quay S
lawyers as a bar to much of the testl-
mony presented by the commonwealth.
AS Senator Quay was indicted on Nov.
II, $685. the two years allowed by the
statute for prosecution would extend
back only to Nov. II; 1896. On this ba-
sis Mr.. Watson has frequently urged
Judge BiddIe to exclude mention of
transactions dating back to 1895, when
Mr.. Quay was state treasurer. The
court has uniformly held, in effect, that
the statute of limitations does not af-
feet the evidence but does not affect the
crime.
The district attorney pointed out that
he alleged defendants mguilt during
the two years the law confined him
to and to prove this the corroboratiye
evidence of the previous, years should
certainly be admitted. Judge Biddle
decided against the commonwealth
1t is interesting to note that there was
every indication that the judge was
about to rule against Mr.. Quay when
Mr.. Watson, who has a suave, per-
suasive tone, got another little speech,
similar to several he had made during
the day, and begged the court to con-
slider the point that the prosecution had
so far failed to show specific con-
spiracy. The judge took this view, and
ruled accordingly. The lawyers for the
defense claim the decision practically
rules out the figures prior to Nov. H.
1896
All day Mr. Goldsmith read out fig
ures taken from the bank books en-
bracing the various settlement periods
of six months each, dating back to DC
tober 81, 1893, showing the amount OF
the state deposit, the amount loaned to
Senator Quay during each six months,
the amount of interest allowed the
state treasurer for that portion of the
state deposit apparently not set aside
for Senator Quay's use, the amount OIL
interest, if any, the senator paid on
his loans and the amount of money
used to purchase stock for him.
The deposit during the years men
toned ranged from s1,200,000 to $500, 900.
Senator Quay's loans were shown to
be asgreat as 1856, 900 in one period of
six months. Occasionally the witness
said. smaller and inadequate payments
Of o. interest by Senator Quay were
shown. but generally there was nothing
to indicate that he paid for the use Of
the banks money. While all these
figures were going in, counsel for Sen
ator Quay sat silent and motionless,
listening to the monOtonous routine Of
questions and answers. This was in
pursuance of an understanding that
the defense objected to every answer,
that the objection was overruled and
an exception noted.
There is no doubt that nearly all of
the experts deductions and figures
were obtained from the red book, "
about which SO much has been said.
and against the introduction of which
the Quay counsel made such vehement
but unavailing objection.