Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-10
The Burns Case.

The taking of testimony i'll the case Oh
D. NJ. Burns, ex-Secretary OF State, charged
with the embezzlement of State funds, was
commenced in Department One OF the gu
perior Court, before Judge Van Fleet at
1:3o p. NJ. Yesterday. Counsel for the peo-
pie, Attorney General Marshall, District
Attorney Buckley and ex-District Attorney
Carey. For the defense, ex-Attorney-,Ien-
eral Hart and Clinton L. White Inc Jury
sworn in to try the cause was T. /. foSs,
Samuel Gale, c. Nelson, G. Munger, Isaac
BRYAN, J. Pearson, f. Brown, r. Prothero'
A. r.. Kline, r. Miller. c. Heinrich ana u
Upton. 60,
In the absence of the Acknowledgements
Mr.. Carey addressed the jury, outlining
what the prosecution expected 10 prove III
the case. ~ o.
The first witness called was 1. a T.
Dolan. of Bancroft d Co.'S firm, Gan ran
cisco. He testified tnat the firm OF Ban
croft & Co. had mailed to D. NJ. burns DIS
Secretary of State, seven checks III pay
ment for reports, amounting 10 %, ''T
that these checks had been lndorSed by ~
NJ Bnrns as Secretary of State, and re-
turned to them.
Counsel for defense admitted that MT
Burns had Endorsed the checks, but WouiG
not admit that he had received or hanuled
any of the money.
Witness exhibited six of the checks, and
promised to forward the seventh RON can
Francisco Immediately upon his return.
JJ O'Connor, a clerk i'll the office OF
the State Controller, was the next WltheSs'
He testified to having exported the books
of the Secretary of States office, Kept dur
inc the administration of Mr.. Burns. VI
the seven checks referred to III the testl-
monv of Mr.. Dolan only one, the tlrst, was
entered in the cash-bo0k. The witness,
who had with him the cash book OF the
office of Secretary OF State during MI
Burns term, was asked 10 look up Il large
number of entries that appeared IN the
Textbook. None of those read from the
Textbook 10y counsel for the prosecution
appeared on the cash book. lie testified
! that there was large number Of entries III
the fee book for articles OF incorporation
etc. that were not in the cash book, and
the fees collected were never turned over tC
the State. He stated that the first omission
of fees occurred on the first day that Mr.
Burns took the office. The greater portion
of the fees omitted from the cash book were
for filing of notarial bonds, interpretations
etc. He then gave the amount Of the def
cheney for each month during the term o
Mr.. Burns office.
Counsel for prosecution desired the wit
ness to testify as to the relative amount o
fees collected by eX-Secretary of State
Burns. ex-Secretary of State Beck, and the
present incumbent.
Counsel fo1 defense objected, and objec
ton was sustained.
Counsel for defense objected to severa
questions General Hart said he objected
10 Jumping of matters; he wanted every
official act of d. NJ. Burns rigidly scruti
nized and brought to the light of day. Hi:
client courted this inquiry, and wanted thu
fullest examination possible Witness thel
took up the list Of monthly deficiencies
commencing with January, 1850, and gavt
the items He said none of the items re
| ferred to appeared in the cash book, bu
were taken from the fee book, the recorC
| book. trademark book, executive book il
the Governors office, and also from receipt
of the Land Office.
At P NJ the Court adjourned to 10 4. NJ
! to-day.