Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1878-12-17

The case Of the State W. Edwafd Ma
lin is on trial before the District Court.
The indictment charges him with the
embszllement OF -, $50 of the personal
property. coin. notes and stocks OF l.
p. Dr~xler X CO.. July Z. 1871. The
defendant is willing to plead guilty to
the larceny OF the property. ba, H. H.
Lindsay. his counsel. is making a reso-
lutte defence to the charge Of enbezHie-
ment.
l.. Z. Drexler was the first witness
placed ON the stand. lie testified in
su stance that the defendant was in the
employ OF the firm Of l.. p. Drerlsr x
Co. from the year 1875 to the time Of
the alleged o~ffenss; that he was book
keeper and as such had charge OF stock
held by the firm and other securities. II
was his duty TO receive orders TO buy and
sell stocks, receive moneys and take
orders for stocks on behalf OF the hrm
aud deposit the same in the safe OF the
firm. lie had charge OF the combine
ton OF the two outer doors OF the safe
where the books and moro or less cash
was kept. There was an inner door.
burglar. proof. over the cash vault. To
this Mr.. Malim had no access, but had
charge Of the cash drawer outside the
cash vault and Of all the books, ETC.,
kept there.
Witness left his place OF business jus,
before 6 o'clock on the 7th OF July. 1877.
leaving Mr.. Malim In charge. His GUS
tom was to remain at home alter that
hour. Toe Office was generally kept
open in the evening. After dinner that
day witness went TO the Ophir mine.
When he went I his dinner there was
left in the cash drawer q considerable
amount Of gold and silver and also gold
notes Of the value OF $3.50.
DESCENDANTS counsel objected to the
Introduction Of any evidence In regard
10 any gold notes. because IL Is not sui.
fcirptly set out In the Indictment by
naming their denominations.
The District Attorney held the indict.
msut sufficiently particular in this case,
inasmuch as the aggregate sum OF the
notes Is set forth.
The Court admitted the evidence.
There were also -. G0O in goli coin in
the cash drawer. vi these coins there
were at least 100 pieces OF $40 each.
Witness was at the office next day bnt It
was not open for business. Mr.. Dana.
his partner. suggested thatthey had bet
ter open the safe rs Mr. Malim had gone
| of. They together examined aud found
the money in the outer drawer all gons
and the books and some stock.
The defendants attorney objected to
any proof Of books or stocks taken. as
they were not properly set gu IN the
indictment.
Decision Of the Court reserved.
The firm had not been notified OF the
defendants intended ~absenting himself
or Of his intention to quit their employ,
nor had they given him any authority to
take the money which he had distracted.
Certain letters were here shown the
witness, marked exhibits "A, ID
&C" and I'D"
witness Staten WAT '"e'' "e'0
defendant, : hanu~riuhs' A.,
Counsel Tor the defence ooJeeted 10 tue
Introduction OF the exhibit, as irrelevant
and tending to throw no light on Tue
case.
The Court held the letters proper 10
be introduced, and they were teau'
Exhibit ~ Vas fsosiNeu ,n'ov ~
four lays a'er ar, y III, ~"
WITHOUT ua'Y an' rs ~ A.. i'm. mi.
Sit' Dr'A'ei - ~.
reaches you you N"n - A.,
covered 1 nave maae NY . W..
gina. 1 am sorry IoI =. oSu's, ~.
name Is ruined. u ny WIG a :"
without money ,o.S
have huIs you. mus saA !a s,o.s
BOOKS Iot . uths, IsSsT no, 81,
ny NJ ~ :. "n;., hui
50 .I m ,ha,a..,aron
TINS matter i wiz m' 49, n'""h
1 can. . moss. U'" 49, !, 7
&C that my people NUN" INV In
val never return y
wfi'e you asaih ~ u' u.,-
"A-iA
Exhibit Il reads: Messrs. l.. i. Drex-
Ter x Co., Virginia. Nevada; for oov-
ous reasons cannot give Won my AL.