Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-12
THE BURNS CASE.
Further Testimony of O'Connor-Deputy
REYNOLDS Explains how 1t was Done.


| He said, in cross-eXamination, that,
prior to May /, 1882, all the monthly
reports of the Office of Secretary OF
State were in the handwriting OF Thomas
H. Reynolds, who also signed them as
Deputy Secretary of State The first time
during his term of office that Burns signed
a report was on May l, 1882, when he at
tached his signature TO the report OF the
month of April. The body of the report
was in the handwriting of Mr.. Gale. The
report agreed with the entries III the cash
| book, but did not include all the items en-
tered en- the Textbook and marked pald.
On cross examination the witness passed
over the remaining months OF Mr. Burns
administration, and pointed out the various
omissions from the fee book and the bal
| lot paper account Hesaid there was no date
attached to the word paid, written opposite
| the various amounts on the fee book, and
| he could not determine whether the same
were paid at the time of service or at the
| time it was alleged to have been PAD by
the cash book. The witness was examined
at length much of the ground that was
gone over Tuesday was again taken up and
much of the time of the Court consumed
| by wranging of the attorneys as to what
was and what was not competent tesu-
mOny.
After Mr.. O'Connor's testimony was all
in counsel for defense asked that the rule
| excluding witnesses from the Courtroom be
NOT enforced in his case, from the fact that
the books and papers belonging to the Con-
! trollers office were in his possession, and
! he could facilitate matters by remaining,
owing to the fact of his familiarity with the
| books and accounts under discussion.
Recess.
AFTERNOON SESSION.
Thomas II. Reynolds was called to the
! witness-stand Judge Beatty appeared and
stated that Reynold was charged with en-
| bezzlement, growing out of the same state
! of affairs. He asked that the taking of
| testimony of witness be postponed until
! the return of his counsel to the city, so
! that they could protect him in all his
| rights. His counsel consists of Messrs
| benson. Jones and Johnson.
General Hart said he should object to
any witness in the case coming into Court
| under the protection of an attorney. All
the attorneys that would be allowed TO
take any part in the proceedings of the trial
we're those now entered of record.
General Carey said he wished to take ad-
vantage of no witness, but he desired TO
proceed with the trial and wish to proceed
with the examination of Mr.. Reynolds
Judge Beatty said he appeared on behalf
of Reynolds, not as attorney in the case,
but because he is law partner of Judge Den
son. one of Reynolds counsel.
The Judge seeing no good reason why the
witness should not proceed to testify
refused to grant the request Of Judge
Beatty.
Witness said his name was Thomas II.
IL l.. ba+ l,o a. g,
Question-What official position did YOU
hold in January, 1850.
Witness-By advice of my counsel, de
cline to answer.
Court see nothing in that question
that would tend in any way to criminate
you.
Witness-It is the advice of my counsel
The Court read the section of the statute
covering the matter, and informed the wit
ness of his rights, and then told him he
must answer the question.
Witness-If you will wait until to-mor-
row | will answer any question they pro-
pound.
The Court-Counsel for prosecution will
not consent, so you must answer.
Wimess-l was acting Deputy Secretary
of State from January, 1850, to July or
August, 1852. In defining his duties he
said | wrote up the rough blotter and en-
crossed il; received the money paid into the
Office ! had charge of the fee and cash
books, and made all the entries i'll the cash
book OF money received. The original EN-
try was always found in the blottcr, and
from there found its way to the fee and
cash books The bIotter was the basis of
making up the fee book. The three books
under my charge were the blotter, fee book
and cash book The bookkeeper kept an
account of the transactions growing out Of
the sale of California reports, ballot paper
and the stationery account Mr.. Gale was
the bookkeeper.
Qucstion-Did YOU enter all the fees en-
ter d on the hlotter III the casl. book?
Witness decline to answer.
Question-Shouid not all transactions of
fees and other compensation appear on the
fee book
Witncss-Yes, sir; think they should.
He had nothing to do with the other books
of the office. The blottcr lay upon the
desk, and was written in both with pencil
and ink by every one. The witness was
shown the books OF the Office, and he rec
! ognized them rs being the ones used by
him Placing his hand ON the cash book,
he said: 81 was directed to write up
that book to correspond with the
amount paid into the State Treas
ury. and see how much the accounts
| were short This is not the original cash
| book, but one that was written up by me
| in May or June. Burns directed me to get
! such d book, but don't remember whether
| purchased ii or not. took the items
! from the old cash book, adjusted them 50
| that those transferred to the new cash book
| agreed with the sums paid in monthly To
the State Burns took the original cash
! book and checked off certain items he
wanted carried into the new book. If |
remember rightly was four or five weeks
! ranscribing it. II was done in
my room at the Golden Eagle Hotel,
somewhere about June or July lSS2 This
| cash book was never kept in the Office
where the public could see il. Had con-
yersatiOn with Burns regarding making
| the new cash book, but don't remember
now what the conversation was. The
| original cash book was Il correct transcript
! Of all the moneys that | received The last
! ] saw Of the old cash book was when | left
| the office. Moneys received for ballot
! paper, California reports and stationery
were not entered upon the fee book, but
were looked after by the bookkceper. All
| other transactions should appear on the fee
| book. There were three blottcrs used
! while | was in the office, one for each year,
! and they were all there when ! left. |
can't say whether ! left the office the LIST