Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-20
THE BURNS CASE.
The Defendant Tells What He Knows
About the Deficiencies.


George Gale, recalled, testified that Rey-
nolds never paid him any money that he
received for codes, statutes or ballot paper.
All the money witness received he paid
over to Reynolds.
On cross-examination he said he received
some of the money for Supreme Court re-
ports and turned it over to Reynolds. Rey-
nolds also received money for Supreme
Court reports.
In redirect examination he said: g In
making up my ballot paper book, in
August, 1880, put in all the items could
get from Reynolds. He had kept the bal
lot paper book to that date.
P W. sHEEHAN,
The next witness, testified that he was
truclman and was acquainted with Mr..
Craft in 1882 At that time he was janitor
of the State Capitol building. He recol-
lected delivering a lot of ballot paper at the
State Capitol on the 18th of December, 1889.
The amount delivered was 240 bundles.
On croSs-examination witness said:
| They never have bills of lading at the
steamer landing where | got the paper. |
| received it from the agent, Mr.. McMitchell."
HARRY GAMBLE,
| Being recalled, said he never told Fred
| Woodwork nor Wigginton that Reynolds
was innocent and that Burns was the guilty
party. He told Wigginton that Reynolds
had told him (Ganblel that he had in his
possession all of Burns cash tags, and
said if that is SO, Reynolds had nothing to
| fear Reynold did tell me that he had all
of Burns tags. | can write Burns name
or signature so nearly like his own that he
| could not at times tell himself whether he
wrote it or not. Here Gamble wrote " d.
M. Burns on piece of paper, which was
shown to the jury, compared with the sig
nature of Burns as it appeared on docu-
ments in evidence, and which plainly
showed that Mr. Gamble was very clever
in initiating the style and penmanshlp OF
another.
FELIX TRACY,
Agent for Wells, Fargo & Co. in this city,
identified several receipts given by Rey-
nolds for money received by the latter.
Among the moneys so received We're
several items that had been received within
two hours after he went into office, which
have never been accounted for to the State,
and which amounted in the aggregate to
$42.
Mr.. Hart at this point offered in evidence
several vouchers for purchases OF ballot
paper.
J. o. COLEMAN.
The next witness, said he was engaged in
the brokerage business in this city in Feb
ruary, 1880 He remembered indistinctly
a transaction in that month in which he
was paid check of 800 by George Gale,
for REYNOLDS, to be applied to a purchase
of certain mining stocks Witness then
exhibited his books showing record of the
transaction.
D. NJ. BURNS.
The defendant in the case, was next placed
OH the stand. He said he lived in Sacra-
mento, where he had resided since 1879
was SO years of age. and man OF family
He was elected to the office of Secretary OF
State in 1879, and served in that capacity
for three years During the time | was
Secretary of State Thomas H. Reynolds
was my deputy. The last five months
of my term George Gale served
in that capacity. l remember the
date Reynolds left my office. Il
was July 81, 1882, in the afternoon
l requested his resignation and showed
my written demand for the same to Mr.
Gale before serving it upon Reynolds.
J laid it upon Reynolds desk, as was ex-
pecting him that morning. | have dis
: tinct recollection of this transaction, il
being one brought about by circumstances
that made an impression not easily forgot
ten. l kept no copy of the letter. Pre-
vious to writing the demand for his resis
nation, | personally demanded 1t severa
DAYS before he went to San Francisco. The
same day | demanded his resignation by
letter | attended meeting of the Board o
Examiners, and when | returned from tina
meeting | found Reynolds resignation
living on my desk | did not then know
that he was behind in the accounting of th,
fees of his Office, but had known for tire
or four months that Reynolds was behinC
, in his ballot-paper account. In February
1882, I was informed by Charles Coglal
that W. r. Pond desired to see me.
called upon Mr. Pond and he informed nj
that rumors were afioat to the effect tina
there was something wrong about IN.
. ballot-paper account.
THAT WAS THE FIRST INITIATION
That had of any croolledness in the office
| Immediately footed up the accounts AM
found the deficiencies. | called Reynoid
G into the private office and he then AM
e there admitted that he had used the none
: to assist VIM. Stuart, of San Francisco, bu
t that he would be able shortly to repay tn
amount so appropriated. Reynolds thel
suggested the course that | pursued, tina
was, to file a statement with the Controlle
. stating that ballot paper had been bough
with cash received from the sales of papel
The report was incorrect, as the none
represented as having been paid for pape
1 was money he had stolen. He said h
i would raise the money from the sale of hi
y interest in a street-sweeping machine il
G San Francisco. In July | received iron
1 what / considered reliable sources tina
Reynolds had made $4,000 in San Fran
. cisco. | then thinking it an opportunt
= time to make a demand, insisted upoI
= his making good his accounts, ana whel
. he did not | discharged him. | made
contract for LOO reams of paper. Tha
paper was contracted for with view t
using it in the fall election of 1889, but a
a we found we had enough on hand for TIA
Il election we did not use any of it. At tn
{ time the contract was made
REYNOLDS WAS PROMISING TO PAY.
n REYNOLDS had used in round number
about 5000 of ballot paper money | me
. Mr. Pond after discovered the deficiency
. and showed him the result of my invest
f CATION. Reynolds remained in the ofic
= writing up his books for three weeks afte
. discharged him. He finished them al
: up except the cash book. Mr.. Gale wrot
up the cash book for July from Reynold.
private cash book and from book Dan
forth kept of same items. At that time
: had no suspicion that there was anythin
i wrong in my office except in the ballo
n paper account. II was in the last of Sep
). tember that / first discovered anythin
II wrong in the fees. My first int
n nation Of the fact was when
/. was informed by Mr. Gamble that ther
was no entry on the fee or cash book of
certain article of incorporation. | the
n commenced an immediate investigation
: First | examined the fee or cash book 70
: January, 1880, and did not find any error
) between them. | was then called away
: being member of the Republican Stat
e Central Committee. While in San Fran
e cisco, Reynolds, whom | met there. sal
= there was nothing wrong, except possibl
n a few clerical errors. then told him t
come to Sacramento and 90 over the book
s with me. When returned | set Mr.. Gal
t TO work examining the books, and in hi
|. examination he discovered large numbe
: of ensures made by Reynolds in the blot
: tiers. Reynolds came to Sacramento in rt
: Spouse TO letter from me. In the mean
o time had discovered, with Gales assist
5 ance, that there had been
= 4 LARGE AMOUNT OF CROOK EDSEss.
l showed Reynolds those erasures, and h
d said the money had not been pait
: that he would send for his priyat
! cash book and prove to m
r that he was right He asked me to az
o point him as a clerk. I told him Net
woodland uraS I 49,,