Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-06-10
LOCAL INTELLIGENCE.

People VS.. January.
The case of the People VS.. Arthur d
January, indicted for grand larceny, while
acting as Deputy Secretary of State, was
called in Department One of the Superior
Court at 10 A. NJ. yesterday before Judge
Van Fleet. The people were represented
by District Attorney Buckley and General
Carey, and the defendant by Henry Edger-
ton, n. Greene Curtis and j. II. Mckune
The names of the jurors sworn to try the
cause are NJ. Rigney, II. Myers, Benjamin
Wilson, Warren Starr, Meyer Stein, Thos.
Jones, Perrin Stanton, George Wilson, Rob-
ert Allen, J. Nottingham. w. Neidhardt,
John Richards
Mr.. Edgerton read the following:
The defendant pleads that he has already
been convicted of the otiense charged. The
defendant pleads that he has been once in
jeopardy for the offense here charged, and that
he was so placed in jeopardy in the Superior
Court of sacramento, State of California, on the
2Sth, Doth and 39th days of April, 1885.
And the defendant further pleads that the
acts complained of in this action, and which
constitute the Offense charged in the indict-
ment therein, to-wit, Indictment No. 500 are
the same acts complaAed of i'll Indictment No.
1876, and which constitute the offsnse named in
said last mentioned Indictment upon which
last named Indictment the defendant was duly
arraigned i'll said last named Court, and upon
which he was tried in said Court on the 2sth,
18th and 30th days of April, A. D., 1885, and
upon which he was convicted on the said last
mentioned day in said Court.
The last portion, or that stating that In
dictment No. 500 was identical with No.
1876, was, on motion of the prosecution
stricken out. The other portion of the
plea was read to the jury with the follow
ing offered by Judge MCKune:
The defendant pleads that he has already
been convicted of the ofIense charged by the
judgment of the Superior Court in and for the
county of Sacramento, State of California rem
dered on the Both day Of April, 1880.
District Attorney Buckley briefly out
lined the case to the jury, saying that the
defendant, while acting in the capacity of
Deputy State Treasurer, did then and there
feloniously steal take and carry away, the
sum of S59,542 %, the personal property
of W. A. January. He stated that it would
be proven that the defendant had freely
confessed his guilt, and the prosecution
would present such evidence of the guilt
of defendant that verdict of guilty would
be expected.
John H. Grady, Deputy State Treasurer,
was sthe first witness called. He pro-
duced the stub books used by the defend
ant, showing the amount Of the special
utpOSltS received DN MN.
Counsel for prosecution offered the re-
ceipts and stubs in evidence.
Counsel for defense objected, on the
ground that the Indictment set forth that
the money was the private property of VIM.
y. January. The receipts would show that
they were public moneys.
The Court said he understood the offer to
be 10 show chain of facts, to simply show
that certain sums of money had been paid
into the hands of the State Treasurer. He
overruled the objection.
Counsel for prosecution then read large
number of receipts which had been given
by the State Treasure TO County Treas
urers, for various amounts signed in most
instances by William \. January, State
Treasurer per \. d. January. Counsel for
defense noted an exception to each receipt.
William A January, the next witness,
said he resided in Santa Clara said he was
State Treasurer from January, 1882, to De
cember, 1854. He stated that he had
moneys in the vault that did not belong to
the State. They We're different amounts
left by County Treasures. Witness did
not remember of receiving but one sum
himself. When he took the office his pre-
decessor turned over a sum Of money, spe-
cial deposits, belonging To County Treasur-
ers. During the entire time he was State
Treasurer he received such special deposits.
Witness told all he knew about the transac-
tons of the office He related, also, cir
cuniStances attending the counting of the
funds when the deficiency was first ascer-
tanned. He was in the room at the time
the count was made, but did not assist In
making the count.
The counsel for defense objected to many
questions on the ground that they were
leading.
The Court said that under the existing
relation between defendant and witness ii
could but be inferred that he would be al
unwilling witness, and some leading ques-
tons would occasionally be allowed
Mr.. Edgerton On the contrary yotl
Honor, he is one of the most loquaciouS
witnesses l ever saw upon the stand. He
invariably answers questions before | have
time 10 interpose an objection.
Witness said he did not know the con
dition of the special deposit account at any
time except what he was told was on hand
for he seldom personally had anything tc
do with it,
General Carey introduced an affidavit
made by witness some months since
wherein he specifically stated the amounts
due the various special depoSitors, an6
signed 1t, under oath, 10 the best of his
information and belief
Witness said at that time he knew the
money was gone but as to the amount hi.
knowledge was derived entirely from whai
the Board of Examiners learned from tho
stubs and told him, as he personally did
not know how it stood,
Witness seemed TO be in very feeble
health. and At one time came near faiuting
At P. ". the Court adjourned to 10 A. "
to-day.
Police CoUEr.-In the Police Court yes
terday James Perry was tried on charg,
of obtaining money by false pretenses. anC
acquitted no false pretenses being showr
800. David Wright was convicted of battery
upon Joseph BarrOS, and will receive iudg
ment this morning THE case Of Id,
Smith, for an assault to murder Z. d. Smith
was continued until the 10th the deiendan
being out of town with sick child.....Th
case of Mrs Walker, Tor disturbing tn,
peace was dismissed on payment of costs
on motion Of the prosecuting witness.
THE war cloud over, but the sale of En-
glish, French, white granite, semi-porce
lain china and glassware has just com
menced in reality for the season. Hobby
Smith & Young, 4i5 street, are daily re
ceiring large lines of the above goods 70
their wholesale trade. and respectfully in
vite the trade to call and examine thei
stock and prices. In addition to the abov,
assortment of goods they have full line o
Croquel individual salts, in various colors
Peoria stone and Mason's gem fruit jars
Also. extra rubbers and caps. For Sealin!
canned goods use only Coddington's self
sealing and melting wax strings. They art
the safest, best and most economical. Sent
for sample and catalogue.
A SUIT of clothes-coat, pants and vest
can be had to-day at Red House, from