Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-03


and that before the discovery ofthe infdelity of
his deputy by the people at large, he might be
able to refund the money to the State, and thus
himself become the only sufferer.
SOME CHARACTER COMPARISONS.
| As a last resort, they have sought to impeach
the testimony of the defendant. Why should
they desire to impeach his testimony? Has he
concealed any fact from this jury? What Go
they desire to prove? Is it the wish of the prose
cutlon in this case to attempt to establish that
there existed an intent to embezzle, and by
! that means procure q conviction when in fact
! the money has all been paid into the State
Treasury? Or do they desire to disgrace him
before this jury, and then 10 convict him of the
| intent TO do that which has not been done?
Gentlemen of the jury, thank God that ! am
able TO stand IN your presence, and say to you
that the defendant is not impeached. ! am
willing to place the character of Mr.. Burns III
| the balance with that of John P. Dunn. | wish
/ that their characters might be photographed in
order that you might see Them in all their varied
colors- l am anxious that the people of this
/ country should make the comparison. l am
equally willing that the character of Mr.. Burns
| shall be compared with that OF J. J. OCon
nor, the fresh young gentlemen who made
! his appearance upon the witness stand this
morning, and, by his characteristic impudence,
| succeeded in bringing contemptuouS smile
| from all who heard him. One thing is certain
Dan Burns has never been guilty of haranguing
the sand lots of San Francisco and no nan can
| charge him with being the direct product Of
| kearnyism. Three years ago my client was
ture to say that if, during his incumbency in the
Office OF Secretary of State, he had instituted an
investigation OF State officers il would not have
! been partisan. If, during his official career
| there had been any Republicans who were de
! fcient in their accounts, he never would have
jumped overthem, winking at their maifeasance.
| and have Investigated Democrats alone | am
satisfied also that his principles would not
| have permitted him to issue that pamphlet Re
| ferring to punn's report just before Presi-
dental or Gubernatorial election and to send II
4 broadcast OV hp in tn
| poilticsl prominence to himself and success
| TO the party to which be belongs. At one time in
the history of this State the name OF Daniel Burns
| was published III the leading papers as Il prOmi-
| nent candidate for Governor of California, Il
compliment worthy of any MAJ of his age To
! day, il is whispered that the eye Of the Con.
tIoHeF mas Deeh cast upon ihe Snoerhatorlai
| CHAIR. burns Will occupy that position IN adj
| vance of John p Dunn. In the comparison of
| their characters and the weight of their tcSti-
mony only ask that You shall take into CON
| sideration the testimony which they have given
| upon this trial, and their manner and appear
| ance while upon the stand as witnesses. If we
| are 10 take the word of Mr.. Dunn, he is man
| OF lnfalllble perception and recollection. With
| his great perceptive power he can grasp the
| finest shades of thought, however awkwardly
expressed, and retain recollection of the min
| utest details and words of a conversation for
years at time; he can not be mistaken. His
| testimony upon this subject was simply absurd,
and presume that he was the only person in
the audience who believed in the full measure
| of his powers as he described them. | have
! said many things here to-day that may be the
subject of misconstruction. ii has not been my
purpose to say anything which is not
BORNE OFT BY THE TRUTH,
| And yet doubt not that many things which !
| have said will be miSconstrued. l did not i'll
| tendto say anything which the evidence in this
| ease will not warrant, but perhaps within this
| Courtroom there are those who have misunder-
stood my language. This is because the use OF
| language is so imperfect in all men that i'll AT
| tempting to express the shades of thought that
| exist within the mind, perfect accuracy Is i'm
possible We often hear it said that men are
| fine speakers This is because they are able to
approach accuracy in the expression of their
| own thoughts. in delincating the sentiments
| within themselves. in drawing correct pictures
Of that which is photographed Upon the mind.
| The very fact OF this imper.ection in the eX-
preston of thought and in the use of language
| ought to make any reasonable man pause before
| he assumes 10 repeat with eXactness what some
1 other man has said. This same imperfecion eX-
lists in the reception of thought and in all cases
| the impressions upon the mind will be modified
| by the inclination of the person addressed.
| On the day when this man Dunn. with
| all his autocTLtic power commanded Mr.. Burns
! to come IT his bidd ng and submit himself TO Il
| cruSs-eXaminatiOn, mis- mind was directed to the
| pursuit of evidence against the defendant. He
| possesses one of those minds which constantly
and slisicOusly fcrrets out the conduct of 9th
| ers. His official conduct has demonstrated that
| he IS seeking the downfall Of every man against
whom he can find q mistake with which to
! blacken his character. He delyes beneath the
surface OF the earth and looks far up towards
| the sky for something with which he may dis
| grace some officer and make some poor woman
! unhappy. Whether his objects are venal or not
| il is evident chat Mr. Dunn is constantly prying
into things. and that he has organized the State
| Controllers office into heightened detective
| force. With such mind, and with desire for
the conviction of Mr.. Burns only equaled by his
| wish for his own official distinction; with Il
| mind such as wOuld permit him TO write the Ian
guace to which his attention was called to-day
IL roll huf al
| Mr.. Burns uttered upon that occasion was suS-
| piciOuSly received and distorted into some ugly
confession. He was suspciously watching each
word uttered lay Mr. Burns hoping that i'll some
| infection OF the voice there might be found
| something which would enable him 20 make a
| little political capital for himself and the Demo
cratic party: and he did this with all that rle nd
| ship OF which he spoke while witness upon
| the stand. That friendship, however, was eX
| pressed in the following consOling language
| found in his political pamphlet issued by him
as State Controller. and printed at the expense
of the State: In the interest Of public justice
| as safeguard TO the treasury, and as warning
! to all others who might have an inclination to
| follow in their footsteps, * is proper that the
garb of felon should be fitted TO the back of
| each one OF these thi ves who participated in
| this robbery When this language had been
written ] presume that the learned Controller
sat back in his easy chair and with an easier cou-
| science proceeded to speculate upon his own
! future greatness. 80 doubt he thought the Court
| had passed its judgment, the decree of the Con
| fast on his road 10 the state Prison. All this
| however, he did in the kindlest OF feeling he
Was only sacrificing friend 10 public justice.
CAUsIC REFLECTIONS.
Now, gentlen en, of the jury, permit me 10
| say that il was no part of the duty of the Con-
troller TO write that report II was no part of his
, duty to determine ths -uiit pr innocence OF Mr..
| Reynolds or Mr.. Bu.u Bat ii is lamentabe
fact that ii is sometimes part of the nstory OF
| public men that they viii resort to this sort of
| buncombe and political clap trap, in the hope
| that it may assist thcm while they hang 10 the
codttails OF better men Than they are to climb
| up the ladder of official distinction. With such
sentiments in his mind, the Controller reniem-
| bers distinctly and positively what Mr.. Burns
| said and when Mr.. Burns testified that on the
occasion mentionedhe sad, This paralyzes me
| i did not know of this deficiency, the Con-
| tr0ller contradicted him, and testified that Mr..
| Burns said he did not know of dHy deficiency.
| 1t is evident to this jury to whar subject the
mind of Mr.. Burns was then directed. He had
discovered some of the deficiencies. He was not
concealing them. TO what would his mind
naturally turn when letters were brought to him
which disclosed deficiencies not known to him
before? He had been mportunug his friends
| to aid him in this difficulty. He went 10 the
| Controllers office, and when they produced TO
him other deficiencies, he said Gentlemen,
this paralyzes mel did not know Of this de
| ficicncy before
| What he meant by this expression he himself
| knows and Mr.. Dunn does not. And upon this
stand, with that same open frankness which is
characteristic not only of his testimony but OF
| his defense. he stated this language and all the
| circumstances connected with its utterauce. He
| had expected up to that time that he would be
| able 10 induce his friends TO raise the
! SIS 900 deficiency which he had already dis
! covered but when it was brought to his atten-
ton by the Controller that the deficiencies
had reached an amount far beyond that which
| he could hope to meet, it was most natural that
| he should give uttcrance to the expression
which he has stated to this jury. He saw his
ruin staring him in the face, and he could find
| 10 place upon which to hang hope that he
| would ever be able to replace the money en-
hraced in the deficiencies thus created by the
| infdelity OF his deputy. Mr.. O'Connor, also,
comes here to tell us what was said. He rcmen-
| bers exactly what Mr.. Burns said on that occa-
sion. But upon full test he was unable to re-
member the language of my last question l
was not on trial. Mr.. Burns was. And yet, at
the expiration of a year, this same MIR. OConnOr
is able to testify that the word used by Mr.. Burns
was not this but it was any Now, l ask
YOU gentlemen of the jury, is there any consist
ency in such testimony? tits the shceIest of non
SENSE and vet Mr.. OConnor assures us that he
entcrtainS the kindliest OF friendship for Mr..
Burns God save me from such friendship 1t
is that kind of friendship which leads man
into the dark, and then
SHOOTS HIM N THE BACH.
He protests his friendly feeling for Mr. Burns,
and yet he virtually admits that he said that
because | got my "back up III the case he pro-
posed TO do all he could against Burns i'll order
that he might get even on me. Now, | wish to
a; this time that | hope that God Almighty viii
never permit me to be guilty of u sentiment
which would induce me TO be willing to send
friend N hp State Prison SimDlV hppauSp I was