Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-03

e.
might find something to hang to while 1t was
Intellectually seeking to keep its head above the
sea of troubles which it had constructed Tor
itself George Gale corroborateS the statements
of Mr. Burns Harry Gamble corroborates the
statements of Mr.. Burns. Fred. Dantortn cor
roborates the statements OF Mr.. Burns. Every
disinterested witness who has appeared upon
the stand in this trial corroborates the state
ments of Mr. Burns And here, lest | may for.
get to refer TO it, desire to call the attention OF
this jury to the appearance OF my cllent WhiIe
upon the stand. Charged as he is with al INA
nous felony, he has
STOOD THE TEST OF S-EXAMISATIoS
Bv learned counsel, but it was cross examina-
zion which did not in any manner shake the
credibility of the witness, which brought forth
from him no contradiction, which demonstrated,
from the very moment it began that trankness
which is so utterly and absolutely IN CONNECT
with the idea of criminal mind and in TINS
respect permit me 10 say to you. gentlemen OF
the Jury that there never was an instance IN
the history of the criminal law, when an lndl-
vidual who had been guilty of the commission
of crime, would not undertake to conceal IT,
There never has been found an instance IN the
history of criminal law, when thief, being
placed upon the stand, would not lie about II.
There never has been an instance of absolute
frankness in the statement OF the facts in case
where, within the breast of the person upon
trial. there lurked consciousness of crlElinalty'
and wherever you find man, VINO mas Deen
guilty of crime; wherever you find an indlvld-
ial who has been guilty of stealing, you can
Just place your everlasting confidence in the
proposition that when he is placed upon the
stand he viii lie about it, and he cannot help
himself. But when Mr. Burns, standing here /
may say, III the presence of the whole people OF
the entire coast, was brought here TO speak-to
speak through the Geographic wires TO san
Francisco to Nevada, to San Diego, and to the
Fast-though he recognized the Iact that ne was
the chief actor in a trial which was, perhaps,
the most notorious that has ever peen known IN
the State, his counsel found il unnecessary 10
examine him by question and answer.
He was placed upon the stand III con,
fidence because we believed in the old
saving that Truth crushed TO earth Will rise
again. and we recognized in our case
monument OF truth which neither the ihge-
unity of counsel nor the testimony OF lying
witnesses could ever tear down; ana hence
when | put him upon the stand and SAID to
him. - Dan, tell this jury what the facts in this
case are" when | asked that i'll this manner
the statement should be made, was met BY Il
food of objections, which We're intended De
lieve, to prevent me from being able to oemoi-
strate the justice of my cause, by showing my
confidence in my client and in the truth which
he would utter upon the witness stand But,
under the ruling of this Court, Mr. Burns was
permitted TO proceed He proceeded for nearly
one hour and d half and such a story rs he told
to this jury l believe has never been
related by any other man upon the wit
ness stand. In the rear or the courtroom
the atmosphere seemed filled with the unex-
pressed opinion of the people who were listen
ing, that Dan was nota criminal, but was telling
the truth lie detailed 10 lllls jury II Stattiiitiit
of facts which absolutely
BROUGHT TEARS TO Ny EYES,
A statement which showed young man in q
condition which was deplorable indeed. Why,
gentlemen of the jury, the facts as he stated
them were enough 10 have produced insanity In
an ordinary man. He has suffered hell on
earth In the extreme confidence OF a frank
and open heart, he brought into his employ
Thos H. Reynolds, of San Francisco Thos H.
Reynolds is not an enemy OF mine; ana nod
knows that unless il became necessary IN the
conflict of interests involved in this suit never
would raise my voice to say one wore
against his character. But he has appeared
upon this stand as the prosecutor OF MIR. Burns
and in the testimony which was given by Mr.
Burns is to be found the name OF this 1ndi-
ridual, who had comprised his political and
almost his social ruin. l say in his confidence,
ne placed the affairs OF his office i'll the hands OF
Mr. REYNOLDS for their conduct, believing III the
honesty of his deputy. During this time upon
his own shoulders rested the duties of u member
of the Board of Examiners. Upon MIN rested,
in addition to that the duty of state Capitol
commissioner involving the entire manage
ment and control OF the building and
of the furniture; upon him also deyoiyed
the personal superintendency OF the Capitol
grounds. the management OF ali the clerks III
his Office, involving immense amounts brought
into the treasury. all of which must be super
vised by himself
1t is not strange that under these circum-
stances understanding the duties of his Office,
he called to his aid u man i'll whom he had con
fiGence, and said: In your hands place the
treasury of this office. give you the charge OF
the books of this Office and | propose to allow
you to manage this part of my department
Into the hands of his brother-iI-law, Mr.. Gale,
ne placed a clcrkship, ana into the hands OF
Harry Gamble another; into the hands OF Mr..
Craft he put the Janitorship; and these things.
altogether, imposed upon him an immense
amount of duty In the Board of Examiners
hundreds of thousands of dollars of small bills
came in each week from the Insane Asy-
I,,,,, F,g,,N lnth priGns1g frpv
the Harbor Commissioners, from all persons
contracting with the state, and an invcstiga-
ton of these affairs was necessary because the
Governor and the Secretary Of State, rs mat
ter of public history. must perform most Of the
duties of that Board because the Attorney
General has all he can do in attending To the
ordinary duties OF his office. The result Of this
was that Dir. Reynolds had the entire manage
mcnt of the money and the fee and cash books.
Vow, gentlemen of the jury, call your atcn-
ton 10 this il view OF the public history OF this
State. The rising star of Mr.. Burns political
future was visible to every man in California
when this calamity bciel him. His position
socially stood as well as that of any individual
but when at the expiration of d little over two
years of his official term, i'll the examination OF
the books OF his Office brought on BY the stg-
gestion of Mr.. Pond. who now sits in this audi
ence and in the presence of this jury, lrc found
himself
DEFICIENT FIVE THOUSAND DOLLARS
And more on account OF money which had been
taken by MS deputy, nc Nclil ~ MI my llbsuS
and called his attentionto it. And here, gentle
men of the jury, you reach the best part Of Mr..
Burns character General Carey asked him,
" Did you continue TO have confidence in Mr.
REYNOLDS after you discovered this2" and be-
fore this question was asked Mr.. Burns had an
swered it, He said, " didn't blame him as
much as | SHOULD have, perhaps, because he
came and told me that he took that money tor
the purpose Of relieving a friend from immedi-
ate danger" The generosity OF his heart would
not induce him to castigate his Deputy, who had
committed an illegal act, but had done it Tor the
purposes of charity
We reIacrr Der perhaps the finest sentiment in
the English language in - Uncle Toby, where
he said, in speaking OF the poor wounded sol
dicr. and i'll the generosity OF his heart :. He
shall not die, By Cod and it was written
that d" the accusing spirit which flew
up 10 heavens chancery with the oath, blushed
as he gave il in: and the recording angel as he
wrote il down, dropped a tear upon the word
and blutted it ont forever" 1t was sin against
law: il was "a violation OF one OF Gods command
.nents; but it was determined that the record OF
that sin should not stand against one whose
transgreSsiou was an act of charity. And say
that the noblest the best and the finest senti-
meut that has been or can be expressed
in this case was the sentiment of
Mr. Burns when he said that he didn't
blame him as much as nc ought to have done,
because he believed that ne had done il for a
friend. Now gentlemen OF the jury, what is
the history connected with the discovery OF this
fact? Nothing was said excepting demand
that the money he paid back into the treasury.
Thomas Reynolds was permitted to remain in
the employ OF the Secretary of State for several
months, but il was found that ne would not pay
il back lie was requested and re-requested 10
pay il in finally in the month of July, 1882. d.
NJ Burns went 10 him. not like Il criminal, but
like man who was feeling the wrong perpe-
trated upon him by one whom he had trusted,
and said to him. Sir, must demand your re-
signation." l ask you, gentlemen OF the jury
from
TIE STANDPOINT or CoNNoN SENSE,
Is it possible. if Dan. Burns had been guilty
Of crimiuaiity with Mr. Reynolds that be would
have compelled him to resign? Would he have
wounded the individual who was acquainted
with his own crime? Ii | had been the person
who had been associated with another in the
commission OF a criminal act IS it possible that
| would have the bravery 10 wound the feelings
of the very individual who knew of my cFnl-
uality > II it were trlc, as stated here by Mr..
REYNOLDS that Mr.. Burns himself had done
these things Nj. Barns knew who his deputy
and checked off the amounts rs Rcy'
nolds says he did il Burns bad been
stealing by tags and leaving them in the safe
under the personal and immediate observation
of Mr.. Reynolds. would he have dared to dis
charge him2 UnqueStionably no; because
within the hands of Thomas II. Reynolds would
have rested the immediate fate of y. NJ. Burns;
and he being the individual who knew of the
act, Burns would have been The last person on
earth TO incur his enmity. Bat yet Il Is an IN
dispHtahe fact III this case that he was dis
charged.
II is true that Mr. Reynolds denies the fact,
but Cran contradiets him. 1t is true that Mr..
Reynolds denies the fact, but Gale cOntradlcts
him and he stands here to day coutradictcd
upon this most material of all facts by every
person who was acquainted with the affairs of
this Office excepting himself GLOWING upon