Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-20
THE REYNOLDS CASE.
THE DEFENDANTS TESTIMONY
THAT LITTLE TAG-BO0K.
What Reynolds Knows Abou; Burns
Crookcdness-The DefaIca-
ton in Yolo.

Taking Of testimony in the REYNOLDS en-
bezzlement case was resumed in Depart
ment One Of the Superior Court yesterday
Hon. J. f, Sullivan presiding,
General Thomas J. Clune, of san Fran
cisco, was the first witness for the defense
said he had personal acquaintance witt
the defendant, extending over period O
twenty years: was also acquainted viii
D. NJ. Burns. Remember having had
! conversation with Reynolds in 1ss2-ius
| prior to the session of the Legislature
when Reynolds handed him a book, an(
told him OF certain tag transactions in th,
Office Of the Secretary of State.
General Carey objected to further refer.
enee to the tag-book He said it was only
self-deceiylng evidence. 1t was prepared
by defendant especially for use in this trial
The book itself, he claimed, was no evi-
dence. 1t was not Il public record-onlv :
private memorandum.
The Court said ii was competent 20 show
the genuineness of the memorandum, and
is competent to show thar certain state
Objection overruled.
General Clunie-Iic told me that il
showed what had become Of the moneys
in the Secretary of States Office: was a
record of the tags OF d. NJ Burns and
was to be used al an anticipated inveStga-
ton at the coming session OF the Icgisla-
ture. 1t was locked up in my safe for over
one year and a half. Reynolds said he had
saved this memorandum to show that he
had not taken any of the money. and it
would eXOnerate him from any such an
imputation. lie left il with me, stating
that lie was going to Mexico, and wished
TO leave the memorandum. 10 be used in
his behalf III case there was an inveStiga-
ton. Think Reynolds called for that
book about the time OF his arrest. 4 year
or more ago.
Thomas F. Eagan. recalled-Said he had
made an examination of the records on Tile
at the Secretary of States Office 10 see If
the oath Of Office or appointment Of j. c.
Harlan and 4. SCHNEIDER, clerks under y.
NJ. Burns, were on file They could not be
found
Cha,. +. Reed took the stand, and cor
rected his statement regarding the date that
Reynolds showed him the tag book. lie
said 1t was December instead of March
DEFENDANT UPON THE STAND.
Thomas II. Reynolds took the stand AT
II An. Said he came to California in
May, 1919, and was Al years OF age. Have
resided during that time in San Francisco.
Sacramento, Daylor's Ranch. Knight
Landing and Fresno. and two years in
Mexico. Have q wife, a son % years OF
age, and daughter -. Was Constable in
San Francisco two terms. Was Deputy
County Clerk Of san Francisco for nine
years, and was elected Clerk Of that county.
and reelected two terms knew Burns
for many years. Became acquainted with
Danforth, Gale and Gamble when he first
went to work for Burns. Burns requested
him to take the appointment. / did not
want it, because the salary was only 5000
per month, and l could do better in San
Francisco. I took il for 100 days, and il
was understood that at the expiration OF
that time Burns father-in-law. Mr.. Schind-
Ter, was to have the place.
Mr. JohnsOn-What was your financial
condition at the time you entered Burns
employ?
General Carey objected to the question a.
immaterial. Objection overrUled.
Witness-I was out Of debt, did not owe
a cent, and had close on to $50 coo
Mr.. JohnsOn--Did YOU take an oath of
office?
Witness-I never took an oath of office
! asked Burns if | should not. when the
others were SwOru in. and he replied
" Never mind il makes no difference YOU
will be here but a few days anyway" The
first cash-bOok was long, narrow and thick.
1t was used the first three months | don't
know what became of it. | did not destroy
it, but left it in the office rs did all other
books He described the small cash-b0Ok,
which had been used the latter part of the
term. In February, 1880 Governor Perkins
called my attention 10 the affairs of the of
flee Of Secretary Of State. He said that Mr..
Burns was
ABsENTiNG HIMSELF FROM THE OFFICE
SO much that it was becoming monoto-
nous. He could not get meeting of the
Board of Capitol Commissioners. and he
was not going to have his administration
hampered He told me to telegraph Burns
Immediately that if he did not come back
before the forthcoming Monday he would
legal proceedings to oust him.
| telegraphed Burns, at Woodland, fully
what the Governor had said TO me Burns
replied that he would return as soon as
some one he was stopping with got better.
| was not satisfied with the answer, and
started for Woodland myself. met Burns
at Davisville. Burns then and there ad-
mitted to me thai he was a detauIter to The
county Of Yolo for $2976. The result of
the conversation was that | loaned him
sl,51G to pay the County Treasurer Of Yolo
tor deficiencies while he was County Clerk.
Thomas c. Pockman gave me 81 400.
put it in the bank to my credit, and then
drew a check in favor OF \ c. Kern. Treas
orer Of YoIo county, for $2,976. Witness
then produced the check 1t was drawn on
the National Gold Bank of d. 0. Mills &
Co., indorsed, i" Paid March 3 1850. A. c.
Kern, Treasurer"
FRIEND TEsTIFIEs.
Alex. Badlam, coming in at this time.
Mr.. Reynolds was withdrawn from the
stand, and Mr.. Badlam was placed thereon.
He said he lived in San Francisco had
ocen acquainted with defendant for about
-wenty years, and knew Burns since about
1879. Reynolds had spoken to him about
he affairs Of the office of the Secretary of
state during the first year, during Burns
lie showed me a book in
which he said was a record of the TAGS rep
'esenting money that Burns had taken
rom the State. Reynolds had left the book
n witness safe for some time, with other
papers.
CIoss-eXaTuination-H could not state |
he date The book resembIed very much |
m o,-Iit;tnJ