Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-12
THE FXToRTIoN CASE.
Pacific Mutual Life Insurance Company
VS.. R. F. Fitzgerald.

Pacific Mutual Life Insurance Compan
vs. R. F. Fitzgerald.
The Police Court yesterday was engage
all day in the examination of r. F. Fit
gerald, charged with an attempt to extor
money from the Pacific Mutual Life Insul
ance Company by verbal threats to publis
injurious statements about the condition g
the company. There was the usual cross
questioning of witnesses and annoying o.
jections. The examination of the company
book-keeper was especially rigid, but he KEEP
piling up figures until the Court, jury, au
spectators were satisfied that he was a clear
headed young man.
MR.. MOORE,
Who testified on Tuesday, was placed on tn
stand again for the purpose of cross-examina
ton. He was questioned on some mino
points, when controversy arose as to a let
ter alleged to have been received by defend
ant from an employe of the company Will,
acting as agent at Lakeport. This letter, of
fered by the defense, was intended to offse
the effect of one offered on Tuesday, SHOWING
that defendant had at one time been requested
| by the company to return. The letter Offered
| by the defense yesterday was alleged to have
been written by one of the clerks in the com,
pany's office, and was to the effect that Fltz
gerald had better remain where he was, as he
was giving good satisfaction to the corporation
The letters were finally read and tended to
plose 'h1e the uejeh'ia IA. "as a nj
| E;+rl,aroid 20 ran,a;n ~ oLenort witness
80 -, - eS,io;n 4bo reIa+;ons of dofendant
n,itb tha oon,panv defendant had durino
,ritaassi obsanca como 70 I'alranort and
49, n,;t,ass ret,,rnsJ N tbe civ he wrote to
Etznoraid IS nnce tbe lstter If rscaIl Snhse.
nnenTIv if was deemed fit tn have him remain
at dI ,atenort for a time
w --'''-N t'-'
JEROME Z. CARROLL
Was next called, and testified as follows: On
December l6, 1879, L saw Fitzgerald go into
the Vice-President's Office; Moore was there
when Fitzgerald entered on the 10th could
not hear what he said; | was sitting at my
desk; L heard them talking, but could not
understand what was said; on December Is,
1879, heard another conversation; L took a
piece OF paper and made memorandum; |
heard Fitzgerald say that Warren Heaton
had given him 500 to publish an article
about the company, and ne would have to
give that money back or have 500 from us !;
l hearu tne DOCTOR ask MN II ne would
loo az aii AZ eliaC 1leaIoii nau gwen MN
9iov ior 'haS PURPOSE deiehoant SAID ne
"ogid ia'iei molk ior Us eilan against Us ne
Iitlu ne " ~ 1 11 W give Ine Sloo PACK 10
iiea'1h II ne uiu no1 puolish the article L
@ - :. '.issO "ouiu oe .here'
anu nifee IL my outy 10 near al 1hae was
SAi ~ :,
Oh c ISs -eAatilihation the witness SAID
Anew rit%9era6o was there heaeon had
gwen MN 9ioU 10 print the article did
no1 neaI az In She conversation flczgera q,
pltssn.eu d oili against tne company; dla
~. nv le.sl any 'iiIls aIous 1ne account against
VI. .le colIpany, nor ap9uI Ihe column adVer-
OlseLnect ior SIX inohG4s 90 not know VINO
spohg nIs' / Cne IrsC neard sald 90 nor
recoilecG Dr. moore SAID ne would pay 80
lor tne anlaavlC l saw long account fltz-
geIaiu presented; dld not notice It's balance !;
look or tba bon1,s ard 600 ~ NC, ~" A.
on December 23d we settled with Fitzgerald
and took his receipt in full for $40: he
claimed 500 at that time his interest was
in deferred premiums on December 18th [
think he owed the company $40: ON Decem.
Der 23d we settled, and we owed him Sl4 on
general account.
After a recess
j. C. CARROLL
Wos roool1ad ond ,ro5,,ood bool-, obo,,;r,.
account batWaan tbe cononorr and F;tzo,oro Ia
In tha 021 dow IF ahar ,bn+
Ei+zaaroiJ ov,,ad ooon.dinl, - noo,,rt
ssfS a,,os ~, ~ Jul
he cs,ne in and VIC sattisd Nth bino For 500
siy doars Of tbe orno',,,t d,,a Gov
So, III tha bo,"na IS Ell '',a H., ~, w, =;
Snn,t 49, III ~, us
Iin, 500. T IA 80 - 49, otti 49, wv
IL 49, IN ~. .-t'.ae w ~
taart w ofonJ ~ 'e b ~
tbat vii sbn1 tbo ,nnt - oi;o Sse p ba
;ltoro@tJ ''lo T.. =, La h -
III bn tbo 10y ~ d Ma l.; aoeed
III 1850 t.i,e' ~
Dr. Moore has stated to m me- that in Deem 9IS
1o-o ias s''aIeu 70 iiie 1nae III
10. lo1 eau i've. sIe oo..pany IA ~as
ot t5at a. a. any 3ad of u, moI
i:aSe IHa' oi Gne 1ou ~ De'enio0i VIC 0"eu
niii FAf' oniy 'no'sn ~ so'
JOHN KILGARIFF
Sworn-Am a book-keeper for the Pacific
Mutual Life Insurance Company have been
employed as book keeper for one and q half
years /; know Fitzgerald since April or May,
1879; on the 10th day of October, 1879, |
saw him in the office, but heard nothing; on
the 18th of December Fitzgerald came to the
office; | went into the Presidents office to
listen to the conversation he had only been
in few moments talkingito DR.. Moore [
heard Fitzgerald say something about an ar
olSlS Nll1Cll bStH Vie previous
night, and said that he would make an addi-
tional statement, showing that he had inves-
tigated the condition of the company and
that it was all right; he also said that what he
had TO say he would sooner say in favor of
the company than against them. All this
was objected to, on the ground that it states
a different date and different cause, but the
objection was not sustained, and the witness
continued as follows :: l had conversation
on December 18th with Fitzgerald, III which
| said, II see you have published the
FL Dorado Republicans ltem;" L said,
:" thought you were going to wait
until you could see DIR. Moore again." he
answered; " didn't intend to, but it don't
make any difference, as will explain )" L
said, y" don't think Heaton gave Sl0O to
you. He said, be did pay me at the Cap
ital Hotel :" l said, :" 1t is wonder that
DR.. Moore did not give you some money, and
not have you publish 1t ). my object IN talk
ing to him was to get him to repeat what
he said to DIR. Moore; L asked him IT he had
said to DR.. Moore, !" that if the company
gave him 500, he would not publish the ar
ticle; /" he answered yes, and said that he
would rather serve the company; Fitzgerald
has always been indebted to the com
pany ever since he worked for them on
the 10th of December l think he was in
debted about $500: the ledger shows Fitz-
gerald was indebted to the company on the
10Th of December, 1879, S2S3 IS; he has
contingent credits, S243 46; he returns notes
which are held by the company, and if paid
ha nets his commission on December %