Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-12
THE REYNOLDS
THE JURY SWORN TO Ti'Y THE
CAUSE.
Was the Accused n Deputy In the
Office of the Secretary
of State?

of State?
The case of Thos II Reynolds, charged
with embezzling State funds, while deputy
Secretary of State under D. NJ. Burns was
resumed before Judge Sullivan III Depart
ment One of the Superior Court yesterday.
The counsel began examining jurors 10
complete the jury, only ten having been
! heretofore secured. After examining sew
eral, 7. P. Smith and A. II. Bennlng were
taken After they had been sworn in, r.
T. Butler, one OF the jurymen, who resides
near Folsom, addressed the Court and
asked to be excused He said his residence
was twenty-three miles from the city, his
nearest neighbor lived over halt-mile
distant, and that his wife was alone on the
place with two little children, ones years
old, the other IS months, ana
that the little folks were both
seriously i'll with fever More than this,
| the grasshOpperS were sWarmlng IN ms
neighborhoQd, aud if he was compelled to
serve on the jury his entire crop would be
| destroyed, owing to the fact that there
| destructive pests.
This was a surprise to counsel, and
although both sides were DESTROYS OF ac-
commodating the unfortunate juror, there
was considerable difference of opinion as
| TO the legal course to pursue. Both sides
were anxious to look up authorities cover
| ing this unexpected emergency, and 1t
| being the noon hour recess was taken
until $50 ?. NJ.
AFTERNOON PROCEEDINGS.
On the reassembling of Court, Mr.
| Johnson said that counsel for defense were
unwilling to insist upon Mr.. Buffers re-
manning upon the jury. No person stu
aed as the juTyman was would be IN
proper state of mind to sit in judgment
upon q case like the present, and properly
consider the evidence that would be pre-
sented He said: We consent to his
being excused, and waive all rights Go
on and take the next juryman."
General Carey said that during the noon
recess he had examined several authorities,
and he was afraid that the proposed action
might ieopardize the whole case. He said
| if counsel for defense were willing to let it
90 on record that but eleven Jurors had
been sworn, and that Butler had been ex-
cused by the defense, they would consent
to such action. He was unwilling to pro-
coed in any other way. Twelve jurymen
had been sworn to try the cause and if one
Juror was excused opposing counsel might
claim that their client had once been in
jeopardy.
Mr.. Johnson said they wished to take no
such advantage, and were willing to waive
any and all rights they would have in such
cases.
General Carey said no matter how many
concessions counsel made at this time
they could afterward urge it in behalf of
their client, and it would be their duty to
do so, did occasion require it.
Judge benson said he was somewhat
surprised to think that General Carey would
impugn the motives of opposing counsel.
We agree to all this, and our word is just
as good as that of General Carey or his as
sOcate counsel.
General Carey-If my proposition don't
suit you, then you can challenge the juror,
and we will not object.
Mr.. Johnson-Well, if you would prefer,
let this 20 on record: " Counsel on both
sides, the defendant being in Court, con-
scented to the juror being excused on ac-
count OF sickness in his family
General Carey, still insisting on one or
the other of his propositions being accepted,
the matter was finally adjusted, by Mr..
Johnson eXclaiming We challenge r. 7.
prosecution did not object, and Mr.. Butler
was excused by the Court.
Thomas Kinney was next called and
examined as to his qualifications as juror,
ana as il appeared that he had fully made
up his mind regarding the case, he was
excused by the Court. Fred Rink, the
next one examined, was accepted, which
| completed the jury, which is as follows
W. 4. Caswell, Charles Bmnes, I. Robin
son. T. Howell. Z. ?. Smith, John Ryan,
| A. peltier f. E. Davis, W. Tibbits, +. ;.
| George A. II. Benning, +. Rink.
The Clerk then read the indictment,
which charges the defendant with embez-
cling $50 of the State coin, while ne was
| Deputy Secretary of State. 1t was money
| from the State Land Office, which was paid
into his hands on the 9th day of February
| 1882.
STATEMENT To THE JURY.
General Carey then stated the case to the
! Jury, and outlined what they expected to
prove against the defendant He said the
| Indictment which had been read to them
was found last fall, and charged the defend
ant with embezziing funds Of the State. He
read Section 50l of the Penal Code which
| he said was the law governing such cases.
! He said they had several propositions to
| establish-first, that the defendant was a
| public officer Deputy Secretary of State.
| That while acting in that capacity he re-
ceived money as charged in the Indictment
| That as such officer it was his duty to prop
erly and correctly keep the fee and cash
| book. i'm which should be entered all the
fees of the Office Also. that it was his
duty 10 make complete statement of fees
| collected each month to the Controller, and
to pay over that amount to the State Treas
urer In February, 1882 he rec
ceived large sums of money, among
them $50 referred to. On the first
Monday in March he made his report to
the Controller, paid over a certain amount
to the Treasurer, but this and other items
were never accounted for. You have heard
that there was Il large deficiency in the
Office of the Secretary Of State, that began
and ended with his incumbency This
case Will be presented by itself The
amount is small, but the principle involved
is the same that underlies all the others,
| and it answers the same purpose as if the
entire detalcations were taken up for con-
sideratiOn lie said the defendant was a
gentleman who had occupied prominent
positions of trust and he is now sur
rounded, as will be developed as this case
progresses, by men OF social standing, in
lluence and sagacity. Men of social worth
will stand unfiinchingly by him in this
! bis hour of trial. This, he said, should
not influence the jury. Nou are trying
Thomas H. Reynolds on an Indictment
for ENLIGHTENMENT, and no matter what
may have been his social standing in the
past YOU must not let that influence your
verdict. General Carey then reviewed much
of the testimony given in the Burns trial.
The discovery Of the shortage, the eNamin-
ing of the books by the Controller, Burns
flight to Honolulu, Reynolds interview
with the Conuoller, Burns return from the
islands, his arrest, prosecution and acquit-
tai, etc.
THE FIRST WITNESS.
u. VI. Burns was the first witness called.
He said he was a resident of Sacramento
city. and was Secretary of the State of Cali
fornia for three years commencing January
., 1850.
General Carey-State who were your
Deputies
AIr. Johnson-We object. This isnot the
best proof, it being only secondary. He
then read Section S76 Of the Political Code,
and demanded to see the appointment. 1t
was the best evidence and the only proof
that could be admitted.
General Carey said that Mr.. Burns was
on the stand he was the creative power, he
made the appointment and he should
know He said the appointment could not
be found. although al the appointments of