Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-13
The BuRNs CASE.
Further Testimony of Thomas III. Rey'
nolds-A Wonderfully Poor Memory.

Further Testimony of Thomas III. Key
nolds-A Wonderfully Poor Memory.
The taking of testimony was resumed at !
10 a. NJ. yesterday, in Department One of |
the Superior Court, in the case of the Peo- i
pie of the State VS. d. N. Burns.
Cross-examination of Thomas II. Rey- !
noids by General Hart; Witness-I kept
the cash-book in little locker on my desk.
1t Law on the desk most of the time during
the day. The key was left in the lock dur
ing the day; at least that is my recollec
ton. l think the key was on a ring with
other keys. Don't remember whether the
safe | used had key or a combination. If
it had a key, the key was on the ring.
Don't remenber whether Mr.. Danforth ever
examined the cash-book or not Think he
did, for it was there most of the time when
| was writing in it. Don't know that he
ever wrote anything in the book. | think
the writing and figures are all in my hand
writing When | was absent Mr.. Danforth
would keep the cash transactions on q
piece Of paper, which he would hand me
on my return and would copy it into my
cash book. think he at all times called
off the amounts and | would put them
down He would give me the money, say
10 see il correct and put it in the safe.
NV usual way was to examine the memo
randum and compare it with the blotter.
Question-Is it not a fact that Mr.. Dan
forth would always insist on your counting
the money. and comparing it with the
amount called for by the blctter?
Witness-No. sir. He never insisted on
my doing anything. Sometimes | wrote
the fee book in Burns private Office. Some
! times, witness said when he was behind
| in posting his fee book he would go into
one of the Supreme Court rooms. The
original cash book lay upon my desk as
much as it did in my locker, subject to the
scrutiny of every one, and the examination
of any of the clerks who so desired. The
fee books were kept in various places all
over the office. There was no particular
| place for them. | did not keep the fee
! book nor the new cash book in n locker in
the private office Mr. Burns locked the
new cash book up in his safe Immediately
after had completed making il In the
fee book | entered all entries which We're
marked paid on the blotter. | made the
entries as nearly as | could to conform with
the facts When received money it was
| always entered on the blotter either by
myself or one of the clerks. think /
made some errors and had to make erasures
and corrections did not draw the red
lines that appear il the fee book. Mr..
Harlan did that, as he said, 10 make the
books look pretty e
Witness was asked regariinga large num-
Der of fees that had been collected in the
office OF Secretary of State, rs testified to
by OConnor, that did not appear in the
cash book and in the cc-b0Ok, and which
was never accounted for to the State. lie
said he did not remember anything about
/ ifntNC
on the Textbook marked paid, which could
nowhere be found on the cash-book. Wit
ness said the entries were in his haHdwrit-
ing. Some items were marked III the lee
and cash-books for amounts less than the
fees received. He could maker explanation
regarding it. further than he supposed the
amount entered va? the amount received.
In regard 10 a certain erasure that appeared
upon the cash book, he said he had not the
least recollection in the wide world when
they were made, why they were male, or
whether made by himself. Witness was
shown the fee book where he had written
i number Of entries over the red lines after
the book had been balanced. He said the
writing was his, but the red line some one
else had put there. He supposed the en-
tries had been put in al a different time to
| cover some omissions. He said the leaf
that was cut out of the book was not cut
out by him. The new cash book was
written two wears and i half after the trans
actions under considerations 1t was writ
ten to correspond with the monthly reports
made To the Controller.
QucS;ion-I~ 1t possible that you in the
first month could make so many accidental
omissions %. fees collected thar they would
aggregate more than $500?
Witness don think itpossihle. If such
itp case II vas he result of 1ccidtD f1l
omissions When the first monthly settle
ment was made Burns was absent from the
city. and I made up the deficiency and set
tied. On his return he told me he had
money in his safe to make good what he
took rom The state but that something
was wrong with the combination, and he
would have to get an expert 20 open it.
Question-W hen you made out the re-
port for the month of January did you not
20 into the private Office and show i to
Mr. Burns?
: Witness No, sir, did not on the con
} trary, Burns was not in the city, and gave
George Gale my private check for 500, and
he went to the bank and drew the money,
50 as TO enable me TO make the settlement
| am as positive as 10 that transaction as
am to any Of the testimony that / have
: given. Witness said he had no recollection
Of large number OF fees claimed to have
been paid in by J. ". Shanklin as fees foI
the Land Office. The money could not
have been received. he said, by him, for ii il
had it certainly would appear on either the
} cash book or the fee book, and should APP
pear on both He may have received some
fees from J. w. Shanklin for Land Office
fees, but he had no recollection of any such
) transa tons.
AFTERNOON SESSION