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 promising in return to “shake the plum tree.” Quay, his son, Richard R., and Benjamin J. Haywood, the State Treasurer, were indicted for conspiracy, and every effort was made to have the trial precede the next election for the Legislature which was to elect a successor to Quay in the United States Senate; but Quay got stays and postponements in the hopes that a more friendly District Attorney could be put in that office. Martin secured the election of Peter F. Rothermel, who was eager to try the case, and Quay had to depend on other resources. The trial came in due course, and failed; Judge Biddle ruled out the essential evidence on the ground that it was excluded by the statute of limitation. Rothermel went on with the trial, but it was hopeless; Quay was acquitted and the other cases were abandoned.

Popular feeling was excited by this exposure of Quay, but there was no action till the factional fighting suggested a use for it. Quay had refused the second United States Senatorship to John Wanamaker, and Wanamaker led through the State and in Philadelphia a fight against the boss, which has never ceased. It took the form of a reform campaign, and Quay’s methods were made plain, but the boss beat Wanamaker at every point, had Penrose made Senator, and through Penrose and Durham was gradually getting possession of 215Philadelphia.