Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-21
THE REYNOLDS CASE.
Defendant Defies his Accusers to PoiI
III nishonaSf OF

to a Dishonest Act.
The hearing of the case of Thomas H.
Reynolds, charged with embezzling $50,
while Deputy Secretary of State under D.
NJ Burns, was resumed in Department
One of the Superior Court at 10 A. NJ. yes
terday before Judge Sullivan.
When the Court was called to order
Grove L. Johnson said; If the Court
please, matter occurred this morning that
feel it my duty to call TO the attention of
the Court-not because of any matter per-
sonal to myself. but because it is, to my
mind, an improper Interference with the
duties of the Court, and of the officers of
the Court d. NJ. Burns this morning, in
this city, on the corner of Seventh and J
streets, threatened me with violence, and
threatened that in case we lived until the
end of the trial
Mr.. Carey-We object to this.
Mr.. Johnson am calling the attention
of the Court.
The Court think it is better that these
matters should be presented on atfidavits
and without the hearing of this jury, as
it might bring in matters connected with
the other case. If he has been guilty of
any unlawful interference with the Court
or its officers, it is proper that it should
be dealt with i'll proper manner, but |
think that matters outside the Court should
be presented to it by affidavit.
Mr.. Johnson am only speaking to
your Honor, not because | have any fears
personally, because | think | am able to
protect myself, but because of threats made
in reference to his cross eXamination on
this matter. If you think that that is the
WOW To hrIt, Will do
but | thought this was the proper way,
after consulting my associates.
The Court think any unlawful inter
ference with the Court or its officers, which
may amount to a contempt, should be
presented in the way of attidavitS; and |
think it is Just as well to segregate the
conduct of a particular witness as far from
this case as possible. So we will pass the
matter for the present.
FURTHER EXAMINATION OF DEFENDANT.
The cross-examination ofethe defendant
bV General Carey was then resumed.
Witness-AIy farm in Napa county was
used as q summer residence. | had five or
six fish ponds on the place and many
thousand fish. The buildings were wooden.
I cultivated fruit, vegetables and alfalfa.
Sold the place in 1882 for 5000. Don't
remember the mans name who bought it,
Question-What political service did you
render for your interest in the street-sweep-
ing machine?
Winess--My influence with the Board
of Supervisors to have them renew con-
tracts.
Witness said he first met Gamble on
California street, in San Francisco NV
duties as Deputy Secretary of State were to
receive the money, keep the cash and fee
| books, file papers, etc Said he did not
claim to be an educated boOkkeeper The
| bookkeeping in that Office was very sim
| pie. The small cash book kept in nv
drawer was written with both pen and
pencil. No one but Burns and / handled
that book. My impression is that the
book is entirely in my handwriting. On
one side was kept all the cash | received,
and on the other what disposition | made
of it.
Witness was then questioned at length
regarding various amounts of cash that
were paid to him by Wells, Fargo Il Co..
and which were never accounted for to the
State. He also described how the monthly
statements were made, stating that when
Burns was absent witness made the reports
himself When Burns was present he
would count the cash for witness.
| The crOss-cxamination was lengthy and
covered nearly all the testimony given by
defendant on the preceding day.
| General Carey read from Reynolds testi-
mOnY given in the Burns trial a number of
questions and answers regarding the cash.
book Witness said he had no recollection
| Of making such answers, and he doubted
| doing So. He said the way ne balanced his
cash-book was to charge on the debit side
| the amount paid into the Treasury, and
| then charge the tags upon the same side
making balance Twice while employed
at the Secretary of States office | went to
Arizona. The first time in the summer of
! 1880; the second time in the fall Of 1881
| The first time | went there | was gone
three, four or five weeks. In December
| 1882, ] went to Mexico. | resigned my
position in the Secretary of States office
because got tired of the way the affairs of
the office were being conducted, and told
| Mr.. Burns So The books in the office
were somewhat behind when | lett.
never received a letter from Mr. Burns
asking for or requesting my resignation.
| Handed in my resignation sometime in
July, to take effect at once. Mr. Burns
asked me to stay and write up the books
Witness explained how Burns would check
off of the little cash-boOk each month
enough items to cover the cash on hand
and they would be carried forward into the
large cash-bOok. The money borrowed
from w. \. Brown, on my Joint note with
Burns, was for the use of the latter. He
thought the word February in the Feb
ruary statement, was in the handwriting of
d. NJ Burns. Said he was in the office
! several times after he left but never had
an interview with Mr. Burns regarding the
| books. | was in the office one evening in
November. The books were not spread
out before me. My visit at that time
was owing to the fact that | was attending
to some business within a block of the
Capitol, and noticing light in the Secre-
tary of States office, dropped in for a few
| moments.
| Several letters from witness to d. NJ
! Burns were shown him, and he admitted
their commences. One was as follows
san FRANCISCo, August |, 1882
| on Dan: If the newspapers know anything
| about my leaving the office and are to make an
| item out of il, | wish you would get John Shee-
| han to write Il good article, saying | had re
| signed to accept the superintendency of mine
| in Placer county, etc, etc, and that intended
| to hencefOrth reside in Placer county. The pa
| pers here would copy it, and then they would
not say had come here to help Badlam. | had
rather that nothing would be mentioned but in
case you see there must be something fix it that
way. Yours in haste, Tom
Witness was asked innumerable ques-
tons about the small tag book, and read it
entirely through, explaining each one he
was asked about.
| AT ) P. NJ. the cross examination closed
and Court took an adjournment until 9 A.
| NJ today when Mr. REYNOLDS will take the