Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-01-16

s. Kendall did feloniously, falsely. know
ingly and fraudulently alter, change. coun.
terfeit and add to certain promissory
note, the priRted form of which, with
the blanks filled out, was as follows:
$500. SACRAMENTO, Cal, Nov. Is. 1884.
On the first day of January 1885, after date.
LOT value received, promise to pay to w. 8.
Kendall, or order, five hundred dollars in gold
coin OF the present standard OF value and in
terest thereon from date until paid at the rate OF
II per cent, IN like coin, payable semi-ssnually,
and if not so paid the interest NAV he added ~
the principal and bear like Interest. and the
whole note may. at the option of the holder
without notice TO the maker thereof be treated
as que and collectable: and in ease suit is
Drought TO recover on this note promise 10 M v
10 the holder thereof an additional sum Of y
per cent upon the amount there due or owing
on TINS note with which to pay his attorneys in
tne case ana said amount SHAH fall due On the
uate or the Hing of the complaint Both prin-
cipal ana interest to be paid at the office Of W.
5. Kendall in Sacramento. F.P IowEII
This note is marked paid acros, its
face.
The forgery claimed is from the fact that
the following clause was inserted In very
small script between the last word of the
note and the signature. and which Mr.
Lowell says, was placed there after the
note was given and without his KNOWLEDGE
and consent:
As collateral security for the payment
of this note ! have deposited ten shares of
stock ot the Granger's Cooperative Bust
ness association, which hereby authorize
the holder of this note. upon non perform
ance at maturity to sell either at public or
private sale at his option and to apply the
proceeds to the payment of this note and
the interest thereon, holding myself re-
sponsble for any deficiency"
10 al r
the sad w. Kendall, well knowing the
said document was false, forged and conn
terfeii, did willfully and felonicuslv mass
aud publish the said promissory note as a
true and genuine promissory note, and
as promlssory note of +. 2. Lowell with
the intent to willfully, feloniously and
traudulently injure, cheat and defraud the
sald r. Z. Lowell out of said 10 shares of
SAID stock of the Changers Co-operatiye
Business Association"
+. 7. Lowell, the plaintiff, in testifyino
said that owing bill for lumber to Friend
u Terry, aud wishing to pay it, he went TO
Kendall to borrow the cash, as he knew
that gentleman loaned money in small
amounts. He gave as security for the $500.
the amount he wished to borrow. ten shares
OF stock In the Changers store OF this citv
ne shares were not Endorsed over to Ken
uall, out merely given him to hold until
the amount borrowed, with interest. should
be PAID; Not settling up for some time.
hehnall, who protessed to be a friend of
Wi,nesS Tor number of years, attached a
valuable horse belonging to witness and
threatened to bring suit. Witness settled
the amount, and sometime after receiving
the note discovered that the aboye.men9
TONED additional clause had been inserted
Kendall had told witness that he had sold
The ten shares of stock for $3.50, and Thought
they could be bought back for a little over
that amount
After the witness had completed his
direct testimony he was subjected TO a
severe
CROSS EXAMINATION.
The attorney for the defense seemed IN
have adopted the tactics OF trying the wit
ness, and among the first questions asked
was whether or not he, Lowell, was not
short IN his accounts as manager of the
Grangers store to the extent of thousands
of dollars.
A vigorous objection was made bv the
prosecuting attorneys, out it was overrulei
on the ground that the defense had a right
to show the reputation of the witness.
MIR. Lowell replied that there was not a
deficiency of thousands, but there was
some deficiency, for which he, being man
ager, was held responsible. He denied
that he ever appropriated the money to his
own use.
HOW THE FIVE HUNDRED DOLLARS WAS
OBTAINED.
The fact was developed that the $500
which was loaned Lowell by Kendall wa.
borrowed by the latter from d. o. Mills
bank, and he (Kendall) had given his own
note as security. Lowell could not swear
when the alteration i'll the note was made.
The reason why he waited so long in swear
ing 10 complaint was from the fact that
he had lost the Hole, and was not able to
lind 1t until about two months ago.
Continuing, witness, upon being ones
toned, said that Charles Dodge had been
him in procuring witnesses for
the prosecution.
w hat other persons, ii any. have been
with you in the case?" led Cen
eral Hart.
The question was strongly objected to by
MIR. Jones, who stated that he did not wish
the names OF his witnesses revealed.
General Hart said that he wished to prove
that conspiracy was being formed to send
Kendall 10 Safe prison.
The objection was sustained and tn e
cross-examination was at an end
}. b. Atwood was the next witness for
the prosecution. He knew w. s. Kendall
and was in his employ some years ago.
He had conversation with Kendall re-
gardlng the note, which witness saw sew
eral times in the office.
General Hart-Did you go in as a part
ner of Mr.. Kendall's?
Witness-Yes, went in with that mn.
derstandlng and came out a hired man.
Charles Dodge was next called to the
stand. He knew Kendall, and was for
merry in business with him. He knew
MIR. Lowell and saw the note in Kendalls
Office some time in March, 1885. The cir
under which he saw the note
were as follows: He came in and Kendall
said,
II AN GOING TO DOCTOR Mr.. LOWELL"
He saw Kendall measure the distance of
the space beween the end of the writing on
the note and the place where the signature
should be, and heard him say think
can get it all in or something to that ef
feet. He did not like Kendall. and even if
be had poison on the tip of his tongue he
could not express how mean in his opinion
Kendall was. II was engaged in bad bus
mess when with Kendall, and only STAYED
in with him because be held the pot
severed my connections with Kendall
when he desired to form conspiracy
TO ROB YOUNG SIMPSON,
The witness was subjected to q lengthy
by the defendants at
torney upon the importance and ssnctity of
an oath Dodge said that he was inclined
to believe that when under oath he was
bound, under penalty of being struck with
a club By some Supreme power, to tell the
truth. He spoke now as though he was
taking To an honorable gentleman on the
streets. He had no religious scrupIes, but
was an lngersnll in belief
THE PROSECUTION RESTS
Charles F. Diliman, Assistant Cashier at
d. O. Mills Bank, was the first witness
placed on The stand fer the defense. He
had seen the note and was sure that the
was in the note when il came
to the bank. He thought that if Kendall
bad taken it from the bank afterwards
some record would have been kept in the
books.
Frank Miller, Cashier of the same bark,
testified that he was not in the city when
tine note came to the bank, but thought it
had not been removed from the bank.
G. ". Hancock, Senator johnson, J. j.
West, E. Greer, W. l.. Willis and C. II.
Eldred were present for the prosecu.io
TO testify to the character of Dodge and
Lowell. With the exception of Senator
Johnson, they all testified that wherever
they bad heard the general reputation of
TOuall or DOdup HisaucSaj II boS