Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-04-13
CASE AGAIN;T!l ]
DECISION PLACING BANK RECORDS
IN EVIDENCE.
ALL But The "RED BOOK" ADMITTED.
This Exception, However, nm Tmpor-
tnnt Advantage to the Defendant
Other Trial Notes.
other Trial Notes.

| stated that he we not ea'fefc1 how
ever. tina. the "Red-Book" was proper
testimony against senstor Quay, since
! 81 80 not found among the ...r tank
books II has not vet been regularly cf-
tered in evidence. and the question OF its
/ odmissibility will be deci-ed when it IL
prese, 60.
| lrdge Biddle took his seat promptly at
10 o'clock. and efter the jury had answer
| ed to their names Dstrlct-Attorney
| Rothermel began his reply to Mr.. Wat
SON urging the admission OF the books Of
The bank. His first point was that all
manner Of criminal charges are cstab-
lshed and proved by circums'antill cvi-
dence. the crime Of conspiracy being fire.
| qucntly proved in this way. SIR Roth
mel bore strongly on the continued pay
| ment Of interest on the Commonwealth
deposit in the Peoples Bank TO Senator
Quay. lie offered to prove by letters and
kilograms that Mr.. quay was borrowing
| money from the bank for the purchase of
| stock. and that he paid no interest ON
these moneys.
LOANS SHOWED CONSPIRACY
This continued loQnng Of mopey, Mr..
Rothcrmel contended. was in furtherlace
Of the conspiracy between Cashier Hop
kins. State-Treasurer Haywood. and Sena-
tor Quay. lie first took 10 the period
for six months, ending October 1897. when
the Commonwealth deposits vari ii from
t2j go 10 SJGJ.00O. During this time, BE-
said. Mr. Quay had a loan of $500. and
paid no interest. lie proposed 10 show
by the writing i'm one Of the books the
now famous "Rcd-BoOk." that Hopkins
had carefully computed interest on The
amount Of this deposit not used by Quay.
which interest was divided into three
parts. two Of which were deposited. re-
spectively. to the credit Of Haywood and
Quay. the remaining part going, it was
alleged. TO &. II. Mckee, Of PittsDurg lie
proposed 10 show the very scheme, ne
said which was adopted TO conceal the
operation from the other clerks OF the
bank.
Following this he quoted a number Of
opinions on the subject Of conspiracy, and
the manner I'm which IL may be proved.
He combated the contention OF rhe de-
fence that the statute Of limitations
barred much Of the matter charged
against Quay. quoting the Supreme Court
10 show that q chain Of circumstances ana
transactions extending back indefinitely
might be used TO secure a conviction, not
withstanding the statute limiting the
prosecution 10 acts committed within two
years.
QUESTION by THE JUDGE.
When the District Attorney concluded,
Judge Bddle asked:
Mr.. quay was a depositor I'm the bank,
was he note"
yes. sir; but these transactions are
entirely outside OF his deposit"
Mr. Watson, OF Mr. Quay's counsel. re-
rlied briefly 10 the District Attorneys
argument lie drew the attention Of the
court 10 the points he raised Yesterday
first that the guilt of Haywood, Hopkins.
and others is not under discussion I'D
this case. the two named being dead ana
the others not under indictment; second,
that i'm the Indictment against Mr.. quay
he is charged with using state funds,
when under the law State money deposit
cd i'm a bank becomes the property or the I
bank. that consequently the defendant
cannot be tried on that charge; third
that the books are not admissible as COM
petent 10 prove what the commonwealth /
contends they will prove. as they were
made by clerks who knew nothing about
their purpose. and they We're not author
lied by enatOr quay.
Mr. Watson insisted that acts Of other
people could not be urged against quay.
Conspiracy between the various state
treasurers from 1886 10 1898 and Hopkins
was not proof of "a crime committed by
Quay. and could not be urged as such.
This concluded his argument.
Judge Biddle. in his opinion. said that
the Commonwealth has the right 10 de-
post money I'm "A bank and that II then
ceases to be money of the Common
wealth. and the bank may loan it 10
whom it pleases. If that was the case
ne continued. mo crime has been com
mitted." The allegation is made by the
Commonwealth. ne said. that no person
or persons ever fail 10 give a crime COM
mitted an appearance OF innocence.
NOT LIKE \ COMMON DEPOSIT.
of" he said. "the Commonwealth can
show that Mr.. Quay from his political
influence was able TO induce the COM
monwealth TO make a deposit in the Pe0-
PIES Bank. under the condition that III
was deposit made 10 allow him TO use
it as collateral and 10 receive interest ON
il. then it is a different matter. To use
a popular phrase, 1T was a deposit WIN
a string tied TO it,
"In regard to the admission Of the
books Of the bank, it is true that no bank
can make "a person debtor simply by en-
tering an amount I'm the banks book.
con the other hand" ne continued,
Suppose a man IS a depositor in bank
ana the records Of his bank book snow
he is credited with certain money, ana
draws checks against it, and all the
money is not his; that also makes an
ference .
"Au criminal offences" he said' ARE
NOT committed so as TO be patent TO any
mere passerby There IS always conceal
ment The question is whether these
hooks show all that the Commonwealth
nronoses 70 prove. The Commonwealth,
however. has clearly the right to show
the true nature Of this deposit, and 1
think the books OF the bank are adj
MISSILE.
AS TO the Red Book that occupies a
different position. II was not found
among the other books Of the bank. but
was in Hopkins's private desk. ! am not
satisfied it IS competent
Here the District Attorney interrupted
the court to state that he had not argued
ON tho question of the red book in par
ticular. but of the banks books general
". Judge Biddle said he had been under
the impression the Commonwealth was
discussing the question, but if counsel
preferred 1t the matter could be argued
when the occasion arises. This will pro-
baby be when the book is offered in evil
dence.
Counsel for Mr.. Quay filed an excep-
ton to the ruling of the court on the adj
mltted documents.
THE PLUM-TREE TELEGRAM.
George $. Graham, who was District
Attorney when the prosecution was first
brought against Mr. Quay, identified two
kilograms sent by Quay TO Hopkins,
which he said Mr.. Quay admitted having
Ghi a IL a