Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-09
THE MCCARTHY INVESTIGATION.
Conclusion of the Testimony-The Case
Submitted without Argument.

mittee Messrs. Motfitt, Ellison, Hazard and
| Jones.
Clerk Mccarthy was called as witness
in his own behalf and made a long state
ment regarding the affairs of his office and
of the circumstances that had led to the
| former investigation and the settlement
| made by him in March, 1884 He denied
any knowledge of a shortage in his ac-
counts up to the time that he was notified
| by the Controller of deficit of some 81, 100
lie said he inquired of Deputy kilsby what
it meant, and how the shortage occurred
| kilsby told him it must Lave been through
| errors and omissions, and that there was 8
large surplus of money in the safe. Nc
! Carthy stated that he went to the safe and
| found some 81 900 there. Parties connected
with the Office, and attaches of the Court
often deposited money there for safe-keep-
| ing. When notified by the Controller Of
the shortage, he went over the accounts
| with the Controller and his deputies, and
when convinced OF the delinquency he
went to his safe in San Francisco, took out
| the required sum and returned to Sacra
mento and settled with the State without
any demand having been made upon him
| Witness then went on, in response &c
questions by Mr.. Hart. and detailed the
workings of his office, the manner of max
ing out monthly reports, etc. He denied
| that he had ever instructed, in any shape
| or form, his deputies to make false entries
or to keep false accounts. In regard to the
allegation that he had charged S6 hotel
| bill and 81 for hack hire for trip to Sacra-
| mento in December. 1888, witness explained
| that he had never charged the State beyond
| the full amount of his expenses. At one
| time he remembered, the street car III
which he was proceeding to the train was
delayed, and he missed the train and was
| obliged to return and stay over night This
| he believed, was the trip referred to in the
charges. In regard to the S43 charge for q
| trip to and from Los Angeles. witness said
| he did not procure a round-trip ticket, as
he intended to return by steamer, but being
| recalled in haste he returned by rail, pay
ing full fare each way. In regard to the
allegation that he had charged the State fo1
newspapers received gratis, witness claimed
| that he did not know that certain papers
| had been furnished free, if such We're the
case. He denied having ever in
| struCted any deputy to retain GER
tain portions of fees as perquisites
| Witness referred TO one entry on the books
| referring to " copy OF an opinion fur
! nished." 1t was cut from the Bulletin, and
| he told his deputy, Myers, that for such 8
copy he might retain whatever he got for it.
| Subsequently, and recently, he learned that
! il was certified copy, and had the entry
| in cases where more money was collected
as fees than is shown on the books he never
| received the surplus and knew nothing oil
such overcharges. He denied any knowl-
edge Of the omission of the several hun
bred dollars fees for applicants licenses
Had collected no fees that have not been
paid over to the State. Had known moth
ing as to the whereabouts of the San Fran
cisco desk-hlottcr since it was used by the
Grand Jury. Since the former investiga-
ton kilsby has not been cashier of the
Office.
CROSS-EXAMtNATION.
Witness was then cross-examined at
length by Mr. Johnson. In response to in
terrogat0ries said he had never seen q
cash-book in the Office until the Controller
had written TO him for Wolfes books Did
not see such book before June 1884. For
the first two months was in Sacramento,
and left the business of the San Francisco
Office 10 the deputies. Told the deputies
there that they should keep Il blotter to
show the receipts of the office Couldn't
say that prior to June 1888, any book was
| receipts could be made. Prior to TIE Con-
trGllcr's investigation had never made a
personal examination of the accounts before
making w monthly reports Never
| kept any account of the moneys kept
| in the safe. Tags were put in to show de-
posts of outsiders. When money was
! taken out for payment of rents, took re-
| cciptS therefor The items were not kept
in amy book. Had no means of know
| ing just what money was in the safe with
| out much work. 1t never occurred to wit
| ness, up to the time Of his supplemental
report, that there was more money in the
safe than there ought to be- When the
blotter was introduced, told his deputies
he wanted to have everything kept so that
the items could be checked up at the end of
| the year in all the offices Kept no cash
| book prior 10 the making Of the supple
| mental report that would show the amount
due the State Don't remember having
specially instructed the Los Angeles
deputy to make monthly reports, as
the deputy knew that to be his
duty. He was instructed in his duties by
his predecessor. Could not tell for certain
whether Deputy Gaffey's reports were al
ways correct Kilsbv told witness during
the Dunn investigation that every dollar
he had collected as fees was in the safe.
Could not recall a day during 1888 when
the Court was not in session. Prior to the
Dunn investigation had not made any care
full scrutiny Of the accounts to see if
they We're correct. Before that time had
not furnished blanks to Gatfey on which to
make his reports. Have not paid the
money which kept out for the RECORD
UNION subscription, but have the money,
to be paid whenever the bill for the paper
is presented. Left the money with his
brother in Modesto to pay for the Stanis-
laus NcpS.
To Mr.. Hazard witness stated that at the
Dunn investigation Kilsby said that all the
money due the State was in the safe Wit
ness counted the money and found about
81 500 there but did not call anybody's at
tention to the fact, and did not segregate
the deposits to see what portion belonged
to outsiders and what portion to the State
Told Nh Dunn that he (witnesS) was fully
responsible for whatever was due. Think
Dunn was present ON Sunday following the
investigation, when he took the money
from the safe.
To Mr. Joncs-Did not divide the mon
eys in the safe to see what portion OF it
belonged to the State, but first went over
the books to ascertain.
To Mr. Hazard-The money in the safe
had been accommodating since witness went
into office. Himself and kilsby had access
to the safe. The fact had never suggested
itself to witness as at all singular that SO
much money should be there. A friend
was in the habit OF leaving large sums there
for convenience, and there was always sew
eral thousand dollars on hand. Do not
think that anybody knew the exact condi-
ton of the moneys in the safe. Did not re-
penish the funds in the safe few days
prior to paying over the shortage of 81, l04,
beyond the few fees that may have comein.
To Nj. Johnson-If Kilsby had died sud
denly, think the tags in the safe would
have shown the condition of the funds in
the safe.
REDIRECT EXAMINATION.
Could not at this time tell what money is
in the safe. The Controller did not in his
investigation, 90 beyond the books Of the
office. Don't see how the deficiency could
have been a5certaincd without an eXamina-
ton of the books. Witness asked kilsby
why he had not told him of the discrepan-
cles in the accounts, so that he might have
exported the books himself instead of hav-
ing the matter exposed to the world. Kilsby
replied that he did not know of the condi-
ton of affairs.
END OF THE INVESTIGATION.
Counsel having concluded their inquiries,
Mr. Mccarthy was questioned a little
F,rtl,., l,,, borS of ri ba