Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-12

time of monthly settlements Burns would
count the cash he would mark the amount
On hand on strip of paper and hand it
to me, and | would make my report ac-
cordingly. | would not refer to the cash
book, and don't know whether he did or
not. When there was deficiency, would
make a memorandum of it on tags En-
tered large number of names on tags as
owing cash. Let Burns have money fire.
quently, and when ! left the office he owed
the same amounts, aggregating $4,000 or
more. No entry was made against Burns
in the cash book until February,
1880. Some of the tags would occa-
sionally be taken up. His cash book
was kept in this way On the credit side
three entries as follows: Paid into the
Treasury, $500; d. NJ. Burns, tags, $3.50;
John Smith, $50. All the tag items were
omitted from the new cash-book When [
left the office | left all the books there, and
did not keep private or personal cash
book. The original cash-book was kept in
pigeon-hole ON my desk. 1t was kept
from February l, 1880. to June l, 1882. |
was directed by Mr.. Burns to make the
copy of the cash-book, and in the manner
described | have memorandum of some
OF the transactions of the office which
Kept for my own protection, and which |
leaving the office showed d. NJ. Burns a
statement Just how things stood. and at
that time he owed the State $4,000. He
had a copy of the tags, and the latter were
| in the safe when | left. | have the date
and amount of each tag. He commenced
getting money on tags in February, 1880,
and continued TO do so up to the time | left
the office. The original cash book con-
tanned 4 record of the various amounts on
tags and drawn by Burns. The money for
California Reports, ballot paper and sta
tionery did not come into my hands. |
never examined Mr.. Gales books. If /
sold copy of the Reports | Immediately
turned the cash for the same over 10 Mr..
Burns, making no record of it. If checks
came into my hands from Bancroft IL
Co. they were turned over to Mr.. Burns.
Whoever went down town first would go
to d. 0. Mills bank and get them checked.
This was most generally done by the JAM
| tor when going after the noon mail. 1t was
understood at she bank that my signature
! was sufficient Endorsement The original
cash book contains some items that do not
appear in the fee book. When | would be
absent from the city Mr.. Danforth kept my
cash for me on tag. and | would write up
the book on my return. ! always found
him to be correct. He supposed the new
cash-book agreed with the monthly reports,
as il was made for that purpose. | never
made an itemized report to the Controller.
! don't know whether the money received
on land patents was paid in or not. Don't
| know why il was not. If il was paid in to
me it was deposited in the safe, and then
either paid into the State Treasury or paid
| out on tags.
oss-EXANIINATIoN.
became deputy under Burns when he
took the office of Secretary of State. Had
charge of the Textbook and cash book. ]
wrote the Textbook up from the blotter.
Sometimes would write it up once a
month. sometime once in four months, and
sometimes would not write it up for six
months. Remember of once instance when
| | wrote up six months of transactions at the
same time. He described the appearance
of the cash and Textbooks. He said
he carried small memorandum book, red
morocco. in which he kept private and per-
sonal matters Never had the cash book
away from the Office, except when he had
| it at the Golden Eagle Hotel while copying
it. When ] completed that work the book
was given back to Burns. | don't know
| whether ! ever saw il afterwards or not.
The new cash book was put into the safe in
the private office by Burns. He had not
been in the habit of keeping books of the
office in his safe. Mr.. Burns kept the key
to MS safe, and never had anything to do
with it. If there were two keys to his safe
don't remember it. think there was L
large amount of cash paid into the office
that did not pass through my hands.
| Amounts that | did not receive were not
turned By me over to the State.
Question-Wha is your recollection of
putting items in the fee book that did not
| belong there"
! Witness Have no such recollection.
| Burns gave me instructions about the max
ing of the new cash book i'll May or June
of 1882. | do not remember his exact Ian
| guage but in substance | was told to make
! new cash book, including only such items
| from the old cash book as he should check.
| | do not remember the time nor place he
gave me the instructions. Do not remcm-
| Der whether it was in San Francisco, Sacra-
| mcnto on the street, at the hotel or IN the
office Have no recollection of single
word he said. Do not know whether we
were in the house or out doors.
| in buggy or on horseback. Do
not remember anything that occurred
| Remember the instructions but not the
| language used. | am positive was 50 in
structed but don't remember when, how
| or where. Three years have elapsed since
and | have forgotten. 1t may have been
while we were walking on the street to-
gether Think there were two or three con-
versations regarding it. Burns kept ask
| ing me about my work and called to
| see how | was getting along with
| it on several occasions. He glanced over
| the book. would sit Il few minutes and
chat pleasantly with those who would hap
! pen to be present. During one of his visits
! MI Foley. of San Francisco, was present.
! Often nv wife would be in the room, but
| he RETAINED from ever speaking to me
upon the matter in the presence of any
| one. think the book was completed
few days before the 4th of July. Don't
| think | did any of the work on that book
in Placer county. believe did write up
a portion of the Textbook at a mine in
Placer county | had entirely forgotten
that. Don't remember of taking anything
but the Textbook and transcripts from the
blotter on pieces of paper. 1 was there
three or four days. | don't remember
| whether got Burns consent to take the
books of the Office or not. All the en-
| ploves Of the Office knew | had the books.
| Don't remember whether he was present
when | took the books ont OF the Office
but if | mistake not he was up at
the mine while | was there and at
work Oh the books. As to the amounts
turned over by me to the State Treasury 1t
was always all that was in the safe at the
first of the month Would not make
detailed statement, but just pay in so much
money After making my reports to the
Controller, | never saw them again. Mr..
Burns was seated in his private office
when he checked of the items from the
original cash-book that he desired trans
cribed To the new book. The amounts
paid over to the State were placed in the
back part of a blottcr, and were all footed
up | think we were week or so talking
over the matter.
Counsel for defense read an interview
published in the daily press of August -
lSSi said to have taken place in the State
Controllers office between the State Con-
trolcr and witness. Mr.. Reynolds denied
having used any such language, said it was
not true Continuing, he said: am rs
positive that did not make use OF such
language as am of anything else | have
testified to- He said he had been exam
ncd in this same matter before the Grand
Jury, but had forgotten what he had there
testified ! have told it lots of times that
made new >rash-book at the request OF
MI Burns ami think told the State Con-
trolIer 50. The printed statement You
have just read did not make, and at that
time | did not know the whereabouts of
Mr.. Burns saw a letter about that time
saving he was in Honolulu. The letter
referred 10 was not addressed 10 me, and
| 81, - u ,,,l,- 1,, I c,,,, from, hin,