Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-10-28
AFTERNOON SESSION.


/ Department.
AFTERNOON SESSION.
Promptly at $50 the Judge was in his
I seat, the jury in the box, the defendant in
CoUrt, all ready to commence the tTial in
| earnest. The counsel for REYNOLDS is G r
Jones, :. G. benson and Grove L. johnson
The state is represented by District Attor-
ney Buckley and General J. 7. Carey. The
( latter was District Attorney Of this county
when tie Indictment was found. has been
retained by the State and takes the lead In
! the prosecution. In his opening statement
to thcj jury, General Carey read that portion
OF Secdon 424 Of the Penal Code. which
says II a public official keeps false
accounts, makes false entries, or fraudu-
lonuy alters taIslties, conceals, DESTROYS or
o5httrdtes any public record, lie is guilty
; OF crime, the punishment for which is
Imprisonment in the State Prison for nor
less than one nor more that ten wears. and
IS disqualified from holding any Office in
this state. Section 343 of the Political
Code designated The Deputy Secretary of
State 2s one Of the civil executive officers.
Sect!on 40' Gt the same code prescribes
partially the duties of the office.
Mr.. Jones objected to the further reading
OF law to The jury. There was a difference
of opinion between counsel as to the duties
OF the Deputy Secretary of State.
The Court remarked that it had never
been his practice 10 allow the reading of
law to the jury. The law must come from
the Court. But where counsel desire to
read the jury particular section of the
Code which they claim has been violated.
he could see no good reason for an obiec-
ton, so he would oyerrule it.
General Carey then read the subdivisions
~ Of u
which stated what fees should be
charged and received by the Secretary
of State for various kinds of services per.
formed Under those provisions, he said il
was incumbent upon the prosecution. in
order to sustain the indictment. 10 establish
that defendant was Deputy Secretary of
State under ID. NJ. Burns He took the
office at the same time his principal was
sworn in, ana acted i'll that capacity until
August, 1882 During that time, the books
more especially the fee books, were kept
by him. That on one particular occasion.
February 2S 1882, a. T. Dewey d. Co. of
San Francisco, transmitted four trade
marks, and asked for certified copies. The
lees as established by law would be Sc in
each case, or S2f in all. Dewey 4 Co. for
WardCd the amount and received their GER
titled copies. All the services performed in
the Secretary OF States office should be re-
corded in the fee book. We will prove in
this case that it was not Instead of
the $24 but So was entered in the
fee book No part of it was entered
upon the cash book, and none of it ever
found its way into the State treasury. BY
the permission of the Court, we will snow,
You that 1t was not an oversight, but oc-
CURED for days and months, down to the
tim the defendant left the Office. with a sur
prlNlng regularity This case, by reason of
being against public officer, has assumed
and Is OF very great importance to the en-
tire people. The prosecution should con-
| ilne themselves to the point at issue" Did
| he do the acts complained of in the indict
ment?' We claim that these acts were
| not mistakes, but the result Of mature de
| liberation. | have enumerated to YOU the
| potent. material and necessary facts which
| we propose to establish If the defendant
has committed tLeSe acts. no matter what
| others may have done III the same connec-
uon, you should not allow that to influence
your verdict in the least All the books
cannot be found which were kept in that
Office, only small remnant of them re-
naming. We will show that the defend
ant was the Cashier and Treasurer of the
office; the custodian of all the funds and
books IN the office, and made the record
himself Tor which he has been indicted. If
we establish these facts, we expect a YER
diet at your hands that will do Justice to
yourselves, justice to your country and
justice to the defendant