Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-16
TIE REYNOLDS CASE.
THE INITIATED BL0TTER ADJ
MITTED N EVIDENCE.
Testimony of ID. M. Burns, Controller
Dunn, Harry Gamble and
Felix Tracy.

The Court said he had given some little
time to the consideration Of the arguments
of counsel as to whether or not page 1876 Of
the blotter of January, 1880, should be
allowed in evidence. He read from several
authorities to show what evidence Of other
acts than that charged in the indictment
may be permitted in order to aid the jury
in determining as to whether the act was
the result of mistake or Intentional. He
quoted largely from the Gray case, which
in many particulars was identical to the
one at bar, and where populations covering
q period Of six months were admitted III
evidence.
General Carey then, after some prelim-
inary remarks exhibited the mutilated
book to the jury, calling their attention
particularly 10 the missing pages, upon
which, he claimed, were entered record
Of REYNOLDS appointment as Deputy Sec
rotary Of State, and large amount OF fees
collected which had
rBVER BEEN ACCOUNTED FOE TO THE STATE
J.J.O'Connor, n clerk in the Controllers
office, who was upon the stand nj the ad-
journment on Wednesday, was then re
called. lie testified that in the examina-
ton of the books OF the Office Of Secretary
of State he had become familiar with the
handwriting Of all of those connected with
the department Of Secretary OF State under
the administration of D. NJ. Burns He
said all the entries in the blottcr for the
first part OF January were in the hand
writing of the defendant. He said, from
his expert work upon those books, he had
become familiar with TEE manner in which
the records of that Office had been kept,
General Carey then asked him to exam
inc the cash and fee books before him, and
state whether or not the following entries
appeared in either: Articles of incorpora-
ton, Kane and Chatham, $22; E. T. Stone
commission as Notary Public, IS; Joseph
R Hughes, notarial commission, IS L. 3.
Walther, notary, So; G. W. Herbert, nc
tsry, So; Love d Co. of BOdie articles Of
Incorporation, $13 %; John g. Knox, of
Yisalia, articles of Incorporation, $50 rs !;
Thomas Fowler, of Visalia articles fled
and certified copies issued, 50 rs
Mr.. O'Connor searched for each of the
items named, and said he could find none
of ]hem, Witness then
Examined THE CASH BOOK
For the month Of January, 1850, and said
that over $l,1Q0 had 5aen paid into thu
treasury 1cT LAT month. The fees of the
office during that time amounted to
SI,072 50, and the balance came from the
sale Of cid carpet. Witness then produced
and read the report Of the Secretary Of
State for the month Of January, 1880
which showed the amount Of fees collected
10 be 81 ,072 80. The body Of the report
he said, was not III the handwriting OF
defendant, but wa7 signed Thomas H.
Reynolds. Deputy
-,
did you find he actual amount Of fees
paid int that Office for the month OF Janu
-Sry to be?
Witness-Fron The data upon which
we had to work we found the
fees for the month TO be 81 1913 SO.
There may have been more, but
that is all we we're able to find out. The
deficiency for the month of January accord
ing to cur figures was $316. The deficiency
for the next month, February, was $500 So
This deficiency witness said was exclusive
of the sales of ballot paper, constitutional
debates and California Reports. witness
said that
NO ENTRY APPEA
In The fee or cash books in February, 1851
for SSl so and $215 80, fees paid in by NV
Shanklin, Surycyor-GeneraI. The detici-
ency for April, 1880, was 1905 10, and for
March, S577 rs
General Carey-In the interview with thC
defendant in the Controllers office, al
which you were present, what excuse did
he give FOR entering IN the books less cash
than he received2
Objected to by the defense, aud objection
overFulcd.
Wimess-Ie stated that he vas merely
an employe in the Office, and did his su
perior's bidding. All his acts were in con
formity 70 directions from the principal
He was poor man, had q family 10 care
for and his bread and butter depended
upon his retaining his situation. He mus
either do as directed, or step down and out
His superior also owed him 4 sum OF money
which he desired to collect, and he did moi
consider it wise 10 have any trouble regard
ing his official duties. He said he knew
the transactions were crooked, but he wa.
not in position to be independent, II,
said, however, that he went to the Control
Ter, the late D. II. Kenfcld, and
ToLD Hin or THE CEooEEDNEss.
Mr.. Kendeld, he said, promised him tha
he would talk to Burns and have the mat
ter Strengthened. This, he held, was hi:
position in the matter. He denied havir,
ever taken q cent himself but laid the entire
safaicatiOn at the door Of his principal
On rOss-cXamiuati0u Mr. O'CQnnor saiC
they commenced the examination Of th
books in April and concluded it on the 81
Of October, 1884. he said his attention
was first called 20 The missing leaves of tn
blottcr by General Hart, after the expert
ing had been completed. He said that il
making up their list of deficiencies The,
depended largely upon tie deliver
books OF Wells, Fargo & Co
AFTERNOON SESSION.
D. N. Burns was recalled and was aske
by General Carey what he knew about tn
missing pages from the cash book. lie re
piled that lie knew nothing about it what
ever. He himself had never done any
thing Of the kind and vas not aware tina
ANYTHING Of the kind had been done unit
some weeks since. lie was shown som
checks that had been paid into the otiic
and said he did not cash them and h2
never received the money for them.
State Controller John p. Dunn was tn
next witness. lie said he had been &C
Quainted with the defendant for the pas
six years. He had two interviews with tn
defendant regarding The Declarations in til
Office Of the Secretary Of State. The fir:
was in front Of the lUruitUIe store Of JamC
O. Davis, on K street, between Fourth an
Fifth the other il his Office st the Stat
Capitol The Interviews were two or thre
weeks apart. a. cur III > interview hillt
lasted but a few minutes, the CouvCrsaGO
was entirely about the crookcdness
Burns books He said he could explai
all, but desired 10 have 8 talk with Juil
benson before he made q statement. "
agreed upon a time for . conference, but
DAY or two before the appointed time /
ceiyed note from Judge benson postpol
ing the same, owing to the fact that
would not be in the city at The appointC
time. Reynolds always maintained tn
he, personally, was
NOT GUILTY or ANY WRONG,
And whatever he had done was in obe6
ence to instructions. lie said he did Il
want to be proceeded against criminal
for he Was in no wise responsible for Il
defalcation.
The Controller then briefly repeated t
interview which was held with Revnol
in the Controllers Office, which in eve
respect agreed with the testimony given
Mr. O'Connor. He said that Mr. Reynol