Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-18
THE BURNS CASE.
Further Testimony of George Gaie-ht
Explains Away Apparent Deficiencies.

port General Hart counsel TOR the de
Tense. objected to that line OF inquiry, offer
ing to admit that the items that dldsnot ap-
pear on the cash book after Reynolds left
the Office, were not the result of error but
were left off by the express directions OF
Mr.. Burns He said: Our defense III this
case is, that we will prove that all the sums
claimed were paid out for the Stale, ana
that there is no element OF crlhlihailly IN
this case. He said that when Thomas ii.
REYNOLDS left the Office of Secretary of
State, he left a deficiency of over $50 900
After the cash came into the hands OF Mr..
Burns. the State received all the fees OF the
office, and 81 900 more. If the prosecution
could prove that any sum had been en-
bezzled after the dismissal Of Reynolds
from the office, then the counsel for de
Tense, he said, would admit the guilt OF his
client.
General Carey wanted no admission.
He wanted the proof that they were not
entered on the books to come from the lips
of the bookkecpcr himself. After
lengthy legal argument on both sides,
which resulted in accomplishing nothing,
EXCEPT a waste of one hour OF the time of
the Court. several letters were introduced
to show that certified articles Of incorpOra-
ton had been filed, the payment for which
had not been entered on the cash book.
General Hart objected to all the letters,
saving they were the declarations of
third parties and incompetent Objection
overruled. The witness showed that the
alleged deficits were incorrect, as the
money was accounted Tor.
AFTERNOON SESSION.
On the Resembling of the Court, Gen
eral Carey in order he said, to expedite
matters, read 4 number of items from the
printed report OF Controller Dunn, which
lie claimed were omitted from the cash
book and which General Hart was willing
to admit was a fact, but would not admit
that the fees so collected did not reach the
State Treas ry. Tine entire time al
most Of the afternoon was con-
sIImed by counsel in criticising re-
marks of the conduct of each other, de
bates as to the admissibility of evidence
and discussions as to what had been tes-
titled to by witnesses. At one time General
! Hart and the Judge disagreed as to evil
dence given by Mr.. Gale in his direct tes-
timony. which was only settled by the
shorthand reporters hunting over several
| hundred pages of notes TO find "the rock
| they split on" which caused another delay
of about an hour
| 4ir Gale was questioned At length by
counsel for the prosecution regarding the
! ballot-paper account. Mr.. Carey asked the
witness So many impairment and badger
| ing questions that counsel for the defense
went to his rescue and claimed that coun-
| sci for the prosecution had no right to place
witness upon the stand for the sole pur-
pose of insulting, abusing and badgering
him because he happened to be a brother
| in-law of the defendant in the case. Ii
counsel for the prosecution and those rep
| Il. i
ure in this style of prosecution or perseCu-
ton they had better subpoena all of his sis
tiers and his cousins and his aunts and sub
ject them to the same style of persecution.
He said General Carey was acting unfairly
Mr. Carey said all he desired was 70 have
the witness tell the truth, and insinuated
that the latter Was technically avoiding
| direct answers to his questions He con-
! tinucd a lengthy and minute examination,
traycrsing over and over again the same
ground, which was waarisomc to the jury,
tiresome to the Court, uninteresting to the
spectators, irritating to opposing counsel,
and almost death to the reporters.
At4 2. VI. the direct examination of Mr.
Gale closed, and Mr. Hart commenced his
| cross-cXamination. Mr.. Gale stated what
his position was in the office, his daily du-
ties, the names of the other clerks, and the
nature of the services required of them
The little private cash book which Reyn-
o!ds kept, and which was the basis of the
testimony Of Reynolds, was asked about,
but Mr.. Carey objected to thequcstion. His
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