Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-03

to be blotted ont fore yer rather than sacrifice
the friends that had come to him when he was
asking for succor: when he was asking them to
become security for his official conduct 1t would
almost have been ingratitude, if Mr.. Burns. my
client in this case, had permitted himself, with
o.t any effort whatever to save his bondsmen,
TO have become the subject OF a prosecution,
which would have resulted in their ruin and
bankruptcy; and with these things staring him
in the face, God Almighty only knows what
were the sentiments that passed through his
own breast. God Almighty only could see
the conduct of that man, with his conflicts OF
intellect and of sentiment and of purpose. But
il stands out i'll this case that Dan Burns upon
that occasion resolved to endeavor in some
manner to
GET THIS MONEY AND PAY IT OVER,
But would not sacrifice those who had been his
friends in the past. Then he wrote a letter 10
Thomas II. Reynolds, which brought him here.
This is fact in this case which cannot be
denied. 1t is true, gentlemen of the Jury, that
Mr. Reynolds, in his testimony, sought to deny
the fact; but when asked him whether he sent
q telegram. he was afraid that | had that tele-
gram and he admitted that, after his discharge
by Mr. Burns, ii would not have been strange il
he telegraphed Burns that he was coming here,
because that was his usual habit. Now, who
believes that? 1t isabsolu,e nonsense, and ii was
ridiculous for him to say anything of the kind
and, in my Judgment, must have brought the
blush TO his own cheek when he stopped TO
calmly consider this testimony which he had
given for the purpose of stabbinS in the back
sought to make him what he is not. When he
was seeking TO deny this fact he was. it seems
TO me. placing himself in position where the
facts in the case which Will inevitably come to
light will bring the everlasting arm of retribu
tive Justice down upon his devoted head, when
the time shall come for his trial for the offenseS
Tor which he is indicted. But he did say that
he might have sent that telegram.
Now it is with circumstances that l wish 10
deaf: il is not with the words of men il is not
with those things which are sometimes said and
misunderstood, because in thereceipt and trans
mission of thought from mind TO mind inaccu
racy of expression sometimes gives it false color
and the receipt OfideaS as the result of expression
sometimes makes false impressions; but it is the
bold, strong, everlasting circumstances of the
case that | shall deal with ask You now tc
look with me for a moment to this circumstance
OF the telegram. There is not Il man upon this
jury who believes that Reynolds came
to this town that night, and today
does not remember what he came for
He said he did not. There is not man
upon this jury who believes that Reynolds
did not know that he had sent that telegram
But he denied 1t AT first, or would not ADMIT II
squarely: and there is not Il man on TINS jury
that does not know that telegram was sent &c
Mr. Burns because there was to be meeting be
tween DIR. Burns and Mr.. Reynolds And what
was that meeting? Who appointed that meet
ing: How did Mr.. Burns understand the i'm
port and the reason of that telegram? He I'M
dcrstood it because, as he has sad to us mere
he had written
\ PEEEMFTORG DEMAND
For Mr. REYNOLDS 10 come here and 10 explain
the deficiencies i'll his account. That Is unqueS
tionably true. Mr.. Gale tells you that Mr.. Burns
was looking for him Oh that business. Mr.. Dan
forth tells you the same, ana there Is no one
who knows Danforth who would Tor Il moment
doubt his veracity or his integrity MIR. Rey
nolds came mere because of something
and lir. Burns was expecting to con
front him with those books and he did it
He did il when Reynolds c.me into the Office
~ he Of q
which occurred there has been partially. II not
wholly detailed here upon the stand. Mr.
Burns demanded of him an explanation; he
then opened these books to the places where
the erasures were places where he could show
defaications, and he did il because Mr.. Reynolds
while in the city of san Francisco, mad pre-.
yio,isly informed him that these books were all
right. Now, gentlemen OF the jury, these facts
are prominent: That MIR. Burns was Their
seeking 10 get some justice from this
man; that after the discovery of tho numerous
defalcations, evidenced by the books Kept by
his deputy; that after tOilsomc days ana wake.
full nights. in which he dreamed of his future
darkened by the lowering clouds that mad been
spread above him by one who should have been
his friend; after the prostitution which had re-
suited in long season of sickness, produced by
the mental excitement following the discovery
OF the treachery of Thomas IL. Reynolds, Burns
did write to him peremptory demand for an
immediate explanation, and commanding his
presence at the office of the Secretary of state.
l would not criticise the conduct of Mr.. Iey-
nolds us ] do were it not for the fact that il
seems that the practical ruin OF Mt Burns, by
the creation OF the deficiencies of which have
spoken, was not sufficient to satisfy him. There
are some things in this case so really revolving
| TO human nature so wholly antagoni>tic to ev-
| erything human and divine, so absolutely in
| conformity with what | should think to be the
| rules of he'll aud the enactmentS of the devil
| that il is impossible for me 10 describe to this
| jury how | shranh from contact with the senti
ments which must have moved the person that
gave them an existence rs | listened 10 the nor
rible details Of the evidence which proved them
IF THE SHIP WILL ONLY SINK.
Il Is conceded fact in this case that Mr.
Burns went to Honolulu. and that upon learn
ing Of his departure for that place, the man who
IS convicted by the evidence in this case OF hav.
ing accomplished his min, the man who has
been shown to have been the defaulter in hi:
Office, the man who, according 10 his own ties J.
mony received to himself the money which the
State lost, and who left Mr.. Burns ia a condition
of bankruptcy and temporary disgrace. in the
presence of Harry Gamble, said - II the ship
that carries him will only sink to the bottom OF
the sea am saved" What Il sentiment! Hell
and the devils themselves could not produce
one more outrageous and more villainOus. and
on earth there Dut scalit soil for the growth OF
such products. Dan Burns had been his bene.
factor, and at the first opportunity Reynolds
stabbed MIN in the back and when he had
succeeded in ruini & his friend IN the eyes OF
the people of the State, he was not satisfied, but
prayed for his death, III order that he might
blacken the memory of the man who had
placed it within his power 20 commit the acts OF
lawlessness with which my client now stands
charged by attributing to Burns that criminal
lily which was his own. Had the snip gone
down and the body of my client been recovered
his wife alone, and unaided by anybody.
stricken with grief and sorrow, would have
strewn flowers over dishonored grave, and
upon the memory of the dead would have rested
the disgrace which should have been properly
borne by the living, unless by some unforeseen
circumstance the truth should have been
| 1 VTf,., s,I.
jury, the sentiment involved in this wish is alb
soutely revolving; Il desire more horrible or
outrageous never was written in romance or
history.
not been done by this recreant deputy TO satisfy
his cravings. ! speak of these matters because
upon the evidence of this man depends the pos
slble conviction Of my client. The ship did not
sink and my client sits here to-day in the pre-
scncc of the people, boldly facing the charge,
that have been maze against him. and bravely
detailing to this jury and to MS former conStitu-
eucV all of the facts out of which this con
spiracy against him arose The ship that car
ries him through this trial vii! never sink as
long as justice may prevail, and the laws may
be properly administered. But the evidence OF
the defense, incOntestabIe iii its evident truth
shall carry us smoothly over the troubles which
have been conceived for the destruction OF my
client and shall stand as Il monument for his
protection, forever threatening the liberty OF the
man who now seeks his RUN. Now. upon this
witness stand, comes this same Reynolds Ia
make the last attempt He has made himself u
witness and you have observed him while testi
fying. Tie first impulse of an ordinarily gener
Gus man in his situation would have been 10
refuse to testify and it. i'll order to avoid testify
ing, 1t became necessary, 10 30 to jail; but in
stead ofpurSuing such course he made fimsy
objection. and then backed down upon the first
instruction Of this Court. He made no stubborn
determined resistance. but he did make slight
rag-like liInber-bGcked objection, which he i'm
mediately abandoned, and then proceeded TO
testify against his former principal. His testi
mony, as propose to show is untrue. ] pro
pose to demonstrate that his testimony was
fabricated for the purpose of saddlin9 upon Mr.
Burns n punishment which he himself Justly
deserves and that the little book which ne has
produced before this jury was the result of one
OF those
S!CELY LAID PLASs OF MEN
Which are frequently intercepted. He testified
that the cash book of that Office was Il new one
| have submitted th4t book to the examination
of this jury it is older, upon its face. than the
fee book and rs the time rolled by when these
defIlCatiOus were being made, | imagine that
can see the dirt which has accumulated upon
that cash book rubbed from the hands OF
Thomas ". Reynolds. The fee and cash books
were in his exclusive charge and in order that
he U:ay BE cleared by the conviction of his prin-
cipal. and by the verdict of twelve men that
Burns was the fellow who did tine stealing. he
seeks to establish that he made new cash book
in pursuance Of instructions. Why, gentlemen
of the jury. the little book mentioned by Rey-
nolds, and from which ne SAYS he made the
copy, was not the cash book OF that Office; il
was u mere private memorandum book Kept by
him. II was under his immediate control. 1t
was never seen by Mr.. Burns. II was never eX-
am!ned by clerk III that Office. ii was con-
stantly under the Eye of Reynolds, when 1t was
not under lock ard key. No person connected