Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-16
THE BURNS CASE.
A SYNOPSIS OF THE TESTIMONY
GIVEN SATURDAY,

Reynolds Evidence Contradicted by
that of Danforth and
Gamble.
All day Saturday the Courtroom was
crowded in Department One by persons
who are interested in the case of the People
VS.. d. N. Burns. The Court was opened
promptly at 10 \. VI. A. +. Shattuck,
Deputy Secretary OF State was sworn.
Knew the defendant, d. NJ. Burns; called
at the office of the Secretary of State Il few
days before the close of Mr.. Burns term i'll
order TO familiari1e himself with the books
and business OF the Office. When the
Office was turned over to witness. Mr.. Gale
and Mr. Burns gave him S22S 10, the
amount Of fees collected for the first six
days in January, 1888. The blotter
for those six days was then intro
duced in evidence. On January ID
the botter shows that the Bald Mountain
| Oil Company filed articles of incorporation,
paying fees therefor amounting to 50 10.
Same dap Dewey & CO., certified copy of
| trademark So January Sd, Dewey Il Co.,
| certified copy, Sc; January 5th, similar in
strument, Sc. OF these items only TIE one
| of So was turned over by Mr.. Burns. The
only blotter he left in the Office that the
witness knew of was the one offered in
| evidence Mr.. Gale remained in the office
with Mr. Thompson four months. The
| blotters had been searched tor several
times, but they could not be found He
recognized the fee and cash books offered
| in evidence as those that were turned over
| to Mr.. Thompson by Mr. Burns as the
books of the office. He was asked regard
| ing other fees alleged TO have been col
I lected that did not appear in the books and
were not accounted for to the State. From
memorandum he read the amount and
character of the ballot paper left on hand
| by Burns at the expiration Of his term.
| When Burns turned over the S22S 10, it
was understood TO cover fees collected for
the I'd, Sd, 4th, 9th and 9Th of January.
| Cross examination-We found on taking
- office the fee book on the desk used by
Mr.. Burns and the cash book on Mr. Gales
! desk. Saw no small cash book, such as
described by Mr. Reynolds Could not say
that he ever saw Mr.. Reynolds in the office.
| He described the desk in the office, saying
! that every nook and corner had been
searched for the missing blotters, without
success. When Mr.. Dunn asked for the
! hooks of the Office. they were turned over
| to him by one of the clerks in the office.
He did not know how many books were
| thus delivered. He never saw the tags re-
| ferred to by Reynolds 1t is the custom OF
the Office to pay postage and expresSage out
of the funds in the safe, and for that pur-
pose keeping cash tag. The inventory OF
the ballot paper was not made in the pres
ence of Mr. Burns, and not for several
months after the expiration Of his term.
II. D. GAMBLE,
| Whose direct examination was commenced
on Friday. was taken up where it was left
off. All the articles filed by me, all cash
received by me-; i'll fact, every transaction
| done by me, was either entered by myself
| or some one else in the office to whom [ re-
| ported. | don't think | ever had my hand
in the safe during the time was employed
III the office. | know nothing of the con.
I tents of the safe. saw the cash-book-
| this large one, or one like ton Reynolds
| desk with the Textbook.
| Cross-eXamined-Nr. Reynolds had a
small cash book which he could put in his
pocket and in which he told me he kept
the cash transactions of the office, and that
il was his private property. | never saw il
| exposed or in aryone's hands except Mr.
| Reynolds. Mr.. Burns and no one else
could get 10 that book, from the fact that il
was always under lock and key. Often
saw him writing in the book with a pencil
Mr.. Reynolds wrote up bis books in tht
private office of Mr.. Burns in room No. 10
and one time he took the books away from
the Capitol building. Mr.. Reynolds die
not leave the keys exposed, and apparently
no
one getting glimpse of the casll-book re-
ferred to. The first two or three month,
the cash-book and Textbook were left eX
posed. Afterwards they were kept stowet
away III the lower part of the rotary deSR
in the private office of Mr Burns They
were put there by Reynolds and | saw
him take them out three different
times and leave the Office with them
think he went into room No. 10 with them
This was during the years 1880 and 1881
He took the books up the country, and hat
them away from the building for two OF
three weeks. Don't know whether he hat
consent Of Mr.. Burns or not. Never saw
Mr.. Burns count the cash but once, anC
that was when Mr. Reynolds was absent.
know al that time the cash and fee-booi
were locked up in the rotary desk ans
Reynolds had the key. / was presen
every month when the cash was counted
ard | remember positively that Thoma:
II. Reynolds did 1t alone and made up hi:
own report Am positive that Burn,
never counted it but the one time. On,
time Reynolds took a trip to Arizona, an,
at another to Salt Lake. During his alb
sence the blotter and cash account wa
kept by Mr. Danforth. He had charge o
the safe and blottcr but the large cash anc
textbooks remained locked up. Neye
knew of Mr. Burns having charge of til,
money or books up to the time Reynolds
left In Danforlhs settlements with Rey
nolds for cash received during the latter
absence the former was very particular
and every item was compared and checked
off so Us to be sure it agreed with the cash
AFTERNOON SESSION.
Cross-examination of H. u. Gamble con
tinued Since left the Secretary Of State
Office was in the employ of Thomas II
REYNOLDS eleven months in his hotel a
Fresno. One Saturday morning Reynolds
came to me and said Harry, If Won hav,
to go to Sacramento TO attend this trial yot
will lose time, and it will cost you consid
cradle money. ] think ! can arrange it 5,
you won't need 10 90. ! Will get Rel
Terry to draw up an affidavit or a docu
ment of some kind answering certain Ques
tons regarding the office You can sign il
and Your presence will not he needed Il
Sacramento told him all right, if h,
could arrange it so that | would not be pu
to expense and loss of time | would b,
pleased. Shortly afterwards he handed M
the instrument. one of the first state
mcnts was that d. VI. Burns, while Secrc
tarv of State. had a daily habit of comm,
in the office early in the morning. and hi
first act would be To examine the books ol
| REYNOLDS desk ! took the paper and tolt
I him would let him know the next day
consulted some friends regarding III,
matter, and, coming to the conclusion tina
| would be doing wrong, | decided not t
sign it. and meeting Terry told him 50
The next morning Terry and Reynold
were in the back yard. and ] was engage,
in playing game of billiards. Reynold
called me out and said, Harry, what il
HI has come over you since last night?
Told him did not know, unless it was m,
coat and vest thcn told him positivel,
5 | would not sign thc instrument, and tina
the statements contained in it were untrue
questionable Reynolds call your atten
ton, while standing at the bar in his hote
one day, to letter that stated Wrecks
had gone?
Objected To- 10y counsel Tor prosecution
and objection sustained.
Questionable he not gleefullv rub hi