Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-16

FRED r. DASFORrH
Was next placed upon the stand. He said
lac knew the defendant and was one OF the
clerks in the office of Secretary of State
during the term of Mr.. Burns. His duties
were to file trademarks and to attend TO
the general work of the office. At times
when the Deputy, Mr.. Reynolds, was
away would act in his place; to certain
extent received money and made entries in
the blotter Never at any time kept the
fee book or the cash book. Think | kept
the blotter more than any one else. All
moneys received while Reynolds was
away were entered upon the biotter.
acted in the capacity OF Deputy or receiving
clerk great many times, as Mr.. Reynolds
was absent quite frequently. The first
month he was in the office he was absent
two or three days did not have access
to the safe until the end of the first year.
and had no access TO the private portions
of his desk. His locker was always locked.
had nothing to do with the desks in Mr.
Burns room. When Reynolds would re-
turn from one of his trips | would turn
all the money over to him, ask him
how much there was on the
blotter and check it of so as
to be absolutely correct. l kept that
money in sack By itself. Sometimes
there would be tags III the sack; if so,
they were turned over as so much cash.
had some tags against Mr.. Burns-some-
times one, sometimes more. and often none
at all Thoy vert for different amounts
The largest amount ever knew him TO
draw was $1,5. | never refused him
money. Som times individuals would
call to collect little bills of Mr. Burns
would speak OF, it to him. and in many in
l., WI 4,
they call again pay it for me-" The tags
wrote word nor made figure in the
cash-book. During the first portion of the
term | never had occasion to examine
them. don't remember ever seeing this
cash-book until a few months before Rey-
nolds left. / think the one exhibited in
Court is the one to which refer ] think
] saw him have it in room No. II. He
kept it himself wrote in it himself, and
don't know where he kept it. The fee
book. for the first two or three months,
was kept lying on top of the desk. After
that | think he kept them locked up in the
rotary desk in the private office. | know
there were times when they could not be
found After Reynolds left | saw it on Mr.
Gales desk. [ entered everything that
came into the office while | was there, in
the blotter Witness said if he sold any
ballot paper the money was Immediately
turned over to Mr.. Reynolds Mr.. Gale
was the book keeper of the office Witness
took the ballo5 paper book and explained
number of Items that appeared IN his
handwriting. | know there was one blotter
that we had been using right along in the
Office in December, 1882. As soon as blot
tiers were filled up they were laid aside
We used four blotters during our term OF
| Office. We never had occasion to refer tC
| the old blotters. did not know there was
any crookedness about that office until the
close of the term, and had no suspicion
of any until September, 1882. wheh Mr.
| Gamble looked for an article ofincorporation
and could not find it in the fee book He
then looked in the blotter and found there
had been an erasure. Mr.. Gamble then
| called the attention of Mr.. Gale and my
| self To the transaction.
Cross-eXamination-I remember that al
item that | had entered in the bIotter fol
500 56 had been erased, and in the writing
of Reynolds appeared the sum of g So
The item was entered for article of in
corporation and certified copies. This
had been changed by Reynolds to certif
cate of official character" 1t wa:
during December, 1882. that | founc
out why Burns and Gale were look
| ing over and examining the books. SOOr
| after the discovery of the erasure spoken o
| noticed Burns and Reynolds examining
the books, but did not know why until De
| cember. Was in the office when Reynold,
came up to the office about o'clock ont
night in December Before ReynOld.
came | noticed that all the books were OF
the table IN Burns private office, all spread
open on Burns desk. Burns instructed
me 70 stay that night. as he expected Rcy
noIds. While in the office | saw REYNOLDS
take little book from the locker in hi.
desk and write in it. He always kept The
| locker locked. | never saw any one bu
| Reynolds have that book, and he alway!
kept it religiously locked up and bidder
from the other clerks.
Mr.. Hart-There was published in tho
! daily papers on August y, 1884, an inter
view between Mr.. Reynolds and Controller
Dunn, in the latter's office, when it wa$
said y)u were present, also Judge 5. c
benson, his counsel, Mr.. Gale, Attorney
General Marshall, District Attorney Carey
and the deputies Of the Controllers oflic,
and others In that interview it is sale
that Mr.. Reynolds, thinking that Burn,
was in Honolulu, and in the presence o
his attorney, said that upon receipt 0
money he would enter it in a cash book
private cash book Of his own. From tn,
daily journal he would post the fee book
entering every transaction and every feI
appearing on the journal. At the end Q
the month, when about TO make up thu
monthly report, Mr.. Burns would appear
and, taking his pencil, would cross ont the
items in Reynolds private cash book tina
he did not desire TO be paid over to the
State. The items unchecked by Burn
would be copied by Reynolds into the casl
book of the office, and from this monthly
reports would be made up. Mr. Reynolds
explanation of his acquiescence TO thi
curious mode of procedure was that Burn
was his superior; that his bread and butte
depended on his position as deputy, and ais
that Burns was indebted to him for larg
amount, and he did not wish to jeopardiz
his chance OF getting it back, although Ii,
subsequently stated that he and Burns wer
connected in mining enterprise. WheI
shown receipts signed by him, and askc,
why they did not appear in the fee or cash
book, Reynolds stated that Burns mus
have directed him not TO enter them. Nov
that is statement published. You wcr
present, heard it, and | now ask you if
is correct?
Nitness-YeS. sir. As near as I can nov
remember the printed statement is correct
read it the day it was published, whicl
was the day after it was made and | re
member distinctly of cOnceding at that tim
that it was q truthful statement Reynold
kept the Textbook locked up a good por
ton of the time in the rotary desk II
usually did great deal of work at on
time on his books; some of ii, very little
at the desk, sometimes in the private office
and great deal oi it in room No. II. whicl
was used at that time as an otiic
| by Charles Coglan. During the tim
Reynolds kept the books of tina
Office. know that the books wer
locked up by Reynolds instructed Gam
bic not 10 write in the fee book. rs con
sldered no one but the deputy could legal.
do 50. Reynolds had entire control of til
money. | never knew of money bein,
divided because it came from difleren
sources. turned over all the money ! re
ceived to Reynolds, up 10 the time he wa
discharged. saw Reynolds take til
money out of the safe when he made hi
reports. never saw Burns count til
money when Reynolds was there. |
Burns had counted the money each montl
ard written the amount on a slip of paper
and handed it to Reynolds, would hav
seen it. / saw Burns make one settlement
1t was necessitated by the absence c
Reynolds. This making the settlement b.
Burns was thing SO unusual that il wa
the subject of comment by the office force
and thereby impressed itself upon m
memory. 1t was the only time that | eve
g.t,r ] IL