Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-19
THE REYNOLDS CASE.
TEE LINE OF DEFENSE An IN
QUALIFIED DENIAL.
Testimony Given by Witnesses from
Fresno-Wha, They Know
About Stud-horse Poker.

charged with embe2zlement was resumed
at 10 A. NJ yesterday in Department One of
the Superior Court, before Judge Sullivan.
After some consultation amongst the at
torneys for the defense, Grove L. .Iohnsop
opened the case. In addressing the Court
and jury he said it had fallen 10 his lot to
/ open the case for the defendant-to outline
the defense that will be'made by defendan,
and his witnesses. He said couuse! for
defense had seriously debated whether or
not they should introduce any testimony.
owing to the faC; that no case hai been
made against the defendant, and ii was
thought at one time that it would only hc
necessary 10 point cut the weakness and
tallacy of the prosecution. There is an en-
tire absence of any proof that defendant is
guilty of the crime charged. The prosecu-
ton has
UTTERLY AND sIGNATLY FAILED
To connect him with the particular item
charged III the Indictment The counsel
for the defense, however, had decided upon
| a different course, ana would unlock the
mysteries surrounding the Office of Secre-
| tary of State during the administration of
ID. VI. Burns, and shall present every item
and fact in its true light. The indictment
was found by the Grand Jury OF this
county on the 81 Of December, 1881. and
charges defendant, Reynolds. with having
embczzled $3.50 which, it is alleged in the
indictment, was paid into the Office of Sec
| retary of State by the Surveyor. General. j.
! W. ShankIin That is the allegation we
| are called upon to meet We are not called
upon to answer any other of the many
charges of euibeZzlement that are referred
to by counsel for the prosecution The de
tense proposes to prove every official act of
defendant while he held a position in the
office OF Secretary of State. There has
| been many assertions and inSinuationS
that the defense depended upon technical
| tiles, and were not willing that the every
act in the life Of defendant should not be
clearly brought out where il can be imnar-
tally judged in
THE CLEAR SUNLIGHT OF TRUTH.
They would show when Reynolds came TO
! California that he was a mere lad. and
would trace his life step by step as man
and public officer. They would do this as
! bearing upon the question of motive De
| Tense would clearly establish the fact that
( Burns and Reynolds had been intimate
, friends for years, and that It was largely
due to Reynolds efforts that Burns received
| the nomination for Secretary of State II
will also be proven that Reynolds was
! solicited by Burns 10 enter the Office and
remain the first 100 days, or through the
| first term of the Legislature 1t would
i also be proven that at that time the defend
ant was worth upwards of $40 900, $l2 ,0O0
or $4,000 of which was in San Francisco
! banks on special deposit. 1t would be
! shown that Thomas II. Reynolds discoy-
cred a large defaicatiOn in the first month
of the term. 1t would also be proven con-
| cluSiyely by facts incontrovertible and
| that cannot be gainsaid, that D. NJ. Burns
is the guilty man in this entire matter. 1t
| would also be established as fact that at
one time there was a movement on foot to
remove Burns from his Office on account of
continued absence from the State Capitol.
When the defendant in this case asked him
about his
NEGLECTING HIS OFFICIAL DUTIES,
Burns told him that lie had been over in
\ olo county settling up defalcation of
! $1,000 made by him while County Clerk.
1t will also be shown that this defendant
and Thomas c. Puckman loaned Burns
the money to square up his accounts with
NOlo county and save himself the disgrace
OF law suit and impeachment 1t would
also be proven by competent reliable and
III every way worthy witnesses that money
was taken from the safe of the Secretary OF
/ State Office every month By Daniel Burns,
and also that whenever Daniorth paid over
any money to Reynolds it always consisted
/ more or less. of Burns cash tags. The
| little memorandum book kept by Thomas
Reynolds, in which was listed COPY of
/ Burns cash book. would be shown to the
| ury, and that John y. NOst, Charles f.
Reed and Alexander Badlan would all
testify TO having seen it before Reynolds
left the office OF Secretary of State. They
would establish the fact that the memoran-
dunn book referred TO was for many months
locked up in the safe of Thomas j. Cluuie.
in San Francisco. This would be done to
0iSpTOye the assertion made at this trial
and at the late trial OF d. VI. Burns, that
this book had all been written up at one
time, or, in other words, was
MANUFACTURED FOR THE OCCASION.
1t would also be proven that Reynolds kept
4 small cash book in the office of the Sec
retary of State, in which was kept a record
of every transaction of that Office 1t was
a small red morocco-bound book and was
almost daily examined by Mr.. Burns That
book was an honest, clear and truthful
record of every quarter OF q dollar that
came into that Office, no matter from what
source. 1t Will also be proven that when
Reynolds decided to leave the office Of the
Secretary of State, at the request of Mr.
Burns he wrote up the large cash book
that is now in evidence This will he
proven by Marion Wilson, Captain Foley
and Mrs. Thomas II. REYNOLDS. who as
sisted her husband in writing up the large
cash book. 1t would also be proven that
the defendant had time and again repeatedly
BEGGED, BEsEECHED AND IMPoRTUNED
u. VI. Burns to straighten up the affairs OF
the office and pay over to the State the
moneys received from fees and other
sources. 1t will also be proven that Burns
was quick 70 promise but slow to perform.
and although he always said he would
straighten out matters, he never did. 1t
would be proven by a competent witness
from San Francisco, who overheard the
conference between Reynolds and Dan
forth in the Grand Hotel, that nothing was
said about and there was no allusion made
TO an affidavit. 1t will alsosbe proven that
Burns while at Honolulu wrote letter to
the defendant, in which he stated that if
Reynolds did not send him $500 by the next
steamer he would return to California and
send him to prison or put him behind the
bars. All this evidence has been COM
municated to General John T. Carey. and
there has been no effort on the part of the
defense 10 conceal anything. In reference
to the particular item named in the indict-
ment, it would he shown that in the month
named Danforth made settlement with
Reynolds, and paid him in tags more than
$3.50. When the defense prove all these
facts and many others not mentioned. they
confidently expect TO receive at tie hands
OF the jury verdict of acquit;.,l
FIRST WITNESS FOR THE paFExsE
Edward ?. Sparlawl was sworn, and
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