Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-13
THE REYNOLDS CASE.
THE ER0SEGUTE0N PILiNG UP
NHEIR EVIDENCE.
Testimony of EX-Secretary of State
ID. Nj. Burns. +. Il. Dan
forth and Others.

forth and Others.
The further hearing of the case of
Thomas H. Reynolds was resumed at 1850
A. NJ. yesterday before Judge Sullivan.
w. H. Doan, the deputy shorthand re-
porter, was recalled and asked by General
Carey several questions, relative to the tes-
timony given by defendant while on The
witness stand in the Burns trial.
Counsel for defense objected, on the
grounds that they were immaterial. irrele-
want and incompetent, from the fact that
those answers were gwen under duress.
and by order ol the Court
General Carey said during the Burns
trial the defendant was on the stand for
over day and freely and voluntarily on
several occasions during that time admitted
that he was Deputy Secretary OF State, and
did not ask the rule for his protection to
be enforced.
The Court sustained the objection and
the witness was excused from further tcSti-
flying
Thomas F. Eagan. bookkecper in the
office of Secretary OF State, was the next
witness. In defining the duties of his
position, he said, among other things, he
took care of the official appointments and
other public records. Witness then pro
duced package of documents, which
proved to be the appointments OF Burns.
as follows: II. ID T. Gamble. recording
clerk; George Gale bookkeeper: L. Il.
Dantorth, recording clerk James Wycud.
fireman; /. l.. Graft, janitor; Walter
i. Drew, engineer; Thomas Jones,
watchman; l.. CaliSh, porter; Daniel
Brown, watChman; J. +. Carter. gaS man
D. 3. Stewart, watchman The app9int-
ment of Reynolds was not among them.
He said he had made three unsuccessful
searches for the missing document Those
he did find were in a pigeon-hole labeled,
Appointments of 1850, and were held
together by a rubber band.
General Carey then offered all the ap-
pOintments i'll evidence, and read that of
George Gale, in order to show the form.
which was the same in all, and is as fol
lows
SACRANEN-O. January >, 1880.
l, H. " Burns, Secretary OF the State of Cali
fornia, by virtue OF my Office, do hereby appoint
George Gale bookkeeper
D. Nj. BURNs, Secretary of state.
| do swear that will support the Constitution
of the state of California, and that will faith
fully discharge the duties OF the Office of book
keePerto to the best OF my ability. So help me
God. GEO GALE
Subscribed and sworn 10 before me this fifth
9TH day OF January, 1850.
THoS. II. REYNOLDS,
Deputy Secretary of State
On cross examination witness gave the
names of all the clerks that had been en-
ployed in the office of the Secretary of State
since the incumbcncy OF Mr. Thomson
From his testimony it appeared that there
had been several changes during the pres
ent administration.
ID. N. Burns was recalled
General Carey-Do you know the hand
writing of Thomas II. Reynolds
Witness-I do. sir.
General Carey handing the witness 4
package OF papers, PLEASE inspect these
oaths of office, and state whether or not
they bear his signature.
Mr.. Johnson-Hold on Won need not
answer that question
The Court-This brings up the same
question, regarding the appointment of the
defendant as deputy. that we had yester
day. | will hear argument on that point
at this time.
Mr. Johnson argued the point at length,
read many authorities covering the Ques-
I'LL tio!I ~" 3,'lu tie PioSecVIi0u must SCI
loi ". .iio % ueleHuiii' ap
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tor 20 ~ ulS ue IeS,csloIe
the Code. 1t is alleged in the indictment
that he was Deputy Secretary of State; ergo
that he was duly appointed and qualified.
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As a matter Of fact that he acted in the ca.
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The Court oyerruled the objection
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