Los Angeles daily herald., 1888-02-15
COL. BOYCE IN COURT.
Con, encement Of the Prelimim-
ary Examin alton.

afY EXakMlHA AtkOUs
The case of the People against Col II. II.
Boyce and Captain W. H, seamans, charged
with having conspired to defraud c. G.
Bragg, was set for ten O'Clock yesterday
morning for examination before Justice
Taney, but at that time was continued until
half-past one O'Clock, when a demurrer to
the complaint was expected to be argued.
A few minutes after the appointed time the
matter was taken up. Assistant District At
torney Dunlap and Henry II. Gage appear
ing for the prosecution, and Anderson, Fitz
gerald & Anderson, and Haines Mitchell
been quite i'll was present, having been
driven down town in a carriage. When he
arrived opposite the hallway leading to the
court room, he was lifted from the carriage
in an easy chair in. which he was protected
as much ss possible from possible danger
from exposure to the air. He was then
carefully lifted in the chair and carried as
easily as possible up the stairway and into
the court room, where the doors were
closed and all draughts prevented. Colonel
Boyce bore the marks of his LONG and Sc
we're illness and his friends were very
anxious that he should run no greater risk
of relapse than is absolutely necessary.
case submitted the demurrer without aTgu-
ment, and the lawyers for the prosecution
confessed the grounds and asked that they
might be allowed to file new complaint,
to which their was no objection. 1t was
some time after when the second COM
plant was filed and ready by the count,
and to this second demurrer was filed
and submitted without argument, the at
sired to proceed with the examination
without delay. The demurrer was over
ruled and the books of the Victor Marble
Company were introduced as evidence;
These were objected ;iIos to by the defense ana
tilted that he resided in Cincinnati
and was a book-binder by ade. He had
been in this city about three weeks, and
knew both defendants. He had known
Colonel Boyce several years, and met Cap.
tain Seamans at the residence of Colonel
Boyce about two weeks ago., when he was
told the alleged facts about the Victor Mar
BILE Works. From the conversation which
stock in the company was good invest
ment. Witness claims that Captain seamans
represented that he and Colonel Boyce
owned the. stock, and relying upon such
$25OO in the company's stock. He stated
that after taking charge of the business by
the aid Of Prof. White, who was supposed to
be the Secretary of the company, he discov-
cred that Captain Seamans and Colonel
Boyce did not own the stock sold him. A
certificate of stock, signed by Captain. Sea-
mans and issued to Bragg, was introduced
and identified by witness, who also called
the attention of the Court to the
erasure of the number of the stock
From the appearance, the original number
had been 383, but is now 1872. Several
books Of the company were produced in
which the same change was notis ed. The
assessment book was also produced, which
showed that at the time of the transfer
Captain Seaman held only 400 shares. 1t
was also noticed that in numerous places
the numbers of shares of stock set opposite
different parties names was in red ink,
which was explained by witness as being
an amount set aside as security or escroic:
The defense objected to the introduction OF
the certificate, but desired themselves to
have the books in evidence. They insisted
that, admitting that the defer dants owned
not a dollar Of stock in the company, ii
they made the defendants title good it was
no crime, and they could not be held, at
they could not be made amenable for an
act which could by NO possibility injure
taken at this point,