Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-12

stand is asked to state orally what should
be a matter of record. To say this can be
proven by witnesses will not do. Suppose
! it was to the execution of deed. You
would not entertain that for q moment. If
| it were stated that the deed was lost. then,
perhaps, the Court would hear evidence ;
but here is an effort to establish
fact without reference to the record.
1t cannot be done. If the defendant
was appointed Deputy Secretary of State
we want to know it and know it legally
If he was not deputy and got into the
| Secretary of States office and stole $3.50,
then he is guilty of grand larceny, and not
embezzlement. They are prosecuting him
on ENLIGHTENMENT, which implies that he
! has been legally appointed, and appointed
| in writing. Was he 50 appointed, and did
he take and subscribe to an oath of office !?
is the only question now before the Court.
Parol eyidenceis incompetent to prove what
| should be in writing and a matter of
record
Mr.. Jones-The Indictment in plain and
express terms says he was Deputy Secre-
tary of State" In order to sustain that
indictment it was necessary for him to
prove that he was so appointed. If they
can prove that, they cannot prove that he
ever took or subscribed to the oath
and after propounding several others, sue
! ceeded in getting the witness to state that
he had appointed Thomas II. Reynolds as
his deputy, and administered the oath
himself.
General Carey-When did you admins
ter the oath?
Mr., Johnson-We object; the document
is the best evidence
The Court addressing the wtness)-Did
you make out regularly written appoint
ment?
Witness-Yes, sir.
The Court-Where is it?
Witness-I don't know, sir. ] left it on
file in the office.
The Court-Was the oath OF Office on the
same sheet with the appointment?
WitneSs-Ies, sir. Both were written on
q sheet of foolscap.
General Carey-When was the appoint
ment made?
! Winess-On the 9Th day of January
1880, and the cath of Office was admins
| tered at the same time
General Carey-When did he assume the
duties OF the Office?
Mr.. Johnson-Oh we object You can
not take such testimony until You file his
| appointment in Court We will prove that
there never was one.
| The Court-Iherc should be some show
| ing as to the contents of the document.
/ General Carey will Withdraw the wit
ness temporarily and place upon the stand
Mr.. OConnor.
J. 0'Connor upon being sworn stated
that he was clerk in the office of the State
Controller. Yesterday, at the request of
| General Carey, he had made a thorough
overhauling of the documents in the vault
i'll the office of the Secretary of State in
search for the appointment of Thomas H
Reynolds as Deputy of State. He could
not find it, neither could he find the oath
of Office. He found all the other appoint
ments made by Burns, except that of Rey-
noldS.
w. i. Doan, Deputy Court Reporter, was
called to the stand to testify that during the
Burns trial the defendant, while testifying
under oath, stated that he was acting as
Deputy Secretary of State.
Mr.. Johnson read from the RECORD
UNIONS report of that trial, that Judge
Beatty appeared for defendant, in absence
of his counsel, and asked that the taking of
his testimony be deferred until his counsel.
all of which were absent from the city at
the time, returned also, that defendant,
by advice of his counsel, had refused to an
swer the question referred to until COM
PEELED to do so by the Court. He offered to
place the RECORD-U MON reporter on the
stand to prove the correctness of his report
At 5 p. NJ. the Court adjourned until 10
4. NJ. to-day E. Doan still on the stand.