Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-10-23
naman might set fire to his hops while

Judge Van Fleet-"Then you had pre-.
sentiment that the hopsmight be burned?'
The witness became somewhat nervous
under this line of inquiry, but repeated
that he was afraid the Chinaman might
burn the hops. He said he told his wife
that if anything happened while he was
gone to telegraph to Mr.. Pickett.
Mr.. Brusie-"Did you not write out
telegram to be sent to Mr.. Pickett, and
leave it with your wife ?"
Witnesss-"No, sir, l did not"
Mr.. H. Wittenbrock, a hop-grower OF
some twenty-five years experience, was
called to the stand and questioned by the
Court regarding the number of men and
horses required to put in and cultivate
twenty acres of hops. He testified that two
horses and two men could do the work,
and that the season would embrace about
seven months.
[Bagwell had charged All Sing with
horse-hire at the rate of one horse per day
for 900 dsysl
At the close of Mr.. Wittenbrock's testi-
mony the Court took recess till l:5O P. M
AFTERNOON SESSION.
On the reassembling of the Court ]. d.
Lockhart was called and testified that Bag
well left two books at his place on the list
of September. Begwells account book
was shown witness, and he said 1t was not
one OF those left at his place. One OF the
books contained an account with All Sing,
in which he was charged some 81 1853.
To attorney White, witness said that one
of the books had several sheets torn out
containing hop accounts which witness had
seen before the leaves were taken out. de
was absolutely certain that the book IN
Court was not the one.
L nd ~
witness, and said that it contained several
accounts that were in the one lett at his
place of business.
Mr.. Brusie asked the witness to state the
circumstances connected with Bagwelrs
trip to Nicolaus. Bagwell, he said, was
dissatisfied with the Cosumnes ranch, and
wanted to try some other place, as he could
not make any money where he was. Wit
ness had corresponded with a party at
Nicolaus about a ranch, and on the day be-
fore the hops were burned Bagwell said he
would go to Nicolaus and see the place. and
left witness store on pretense OF going
there, and witness supposed he mad gone.
The next day Bagwell did not show up,
and on the second day the owner OF the
Nicolaus ranch came in and witness asked
him what arrangement be and Bagwell had
made The man replied that he had not
seen Bagwell.
The next day Bagwell came to witness
place. and the first remark he made was
that be had heard that the hop-house was
burned.
f. E. Foote, stenographer employed in
the office of Brusie & Taylor, testified that
he was present when Mr.. Brusie drew up
the affidavit now on file in Court, and
heard it read and explained to All Sing.
Witness then saw All Sing sign paper,
which witness supposed to be the one read
to him. Witness remembered hearing All
Sing say he had not been served with
summons under the attachment.
Witness could not say that he heard the
Chinaman tell Mr.. Brusie that he had been
fraudulently induced to sign the confession
of Judgment in NJ. Pickett's office. He
was busy a part of the time All Sing was in
the Office.
Mr.. Wagner was recalled to the stand
and produced the Hayes bill, about which
so much had been said, and it was offered
in evidence.
THE bill for hop pipe showed charge
of sl52 so. There is partially. erased
memorandum on the paper, in which two
sums had been added together.]
Mr.. Brusie here rested his case, and Mr..
White called Tim Berrue to the stand. He
said he knew Bagwell and All Sing. and
was present at their settlement in Mr..
Picketts Office in September. He went
there at BagwelPs request and heard what
passed. There were two books there, which
be described Bagwell had one, and the
Chinaman another. Witness had not seen
BagwelPs book since then. The men went
over their separate accounts and arrived at
an understanding The amount shown to
be due Bagwell was some $l670. Mr..
Pickett drew up a statement showing what
All Sing owed to Bagwell, read it to him,
and he signed it.
To Mr.. Brusie witness said he was in the
Courtroom when Bagwell was on the
stand in the forenoon and saw the account
book in his hand.
WITNESS said in his direct testimony that
he had not seen the book since he saw it in
Pickett's office, and he gave a minute de-
scription of it..
WitEess could not remember that any
thing was said at the meeting in Picketts
office about the number of horses which
All Sing had used. They simply talked
about horse-hire. Bagwell gave Mr.. Pick
EFT a paper containing statement from
which to draw up the document that All
Sing signed. Mr.. Pickett read it to the
Chinaman twice.
Another witness was called by Mr..
White, who testified to All Sings having
tried 10 borrow some money from Bagwell,
in order to leave town, saying he had had
trouble with other Cinnamon. All Sing
had asked witness to get Bagwell to let
him have the money.
G. G. Pickett was next called. He ident-
| fled the account book produced by Bag
| well. 1t was brought to his office several
DAYS before the fire, with another, called q
| hop-book.
Judge Van Fleet asked the witness on
what basis he drew up the affidavit on at
tachment against All Sing?
Witness said it was on the basis of the
| figures left with him by Bsgwell.
Judge Van Fleet-"But of your own
| knowledge you did not know that this sum
was due, and l want to find out how it was
! you could make affidavit to the specific
sum of $S00?"
Witness went on to explain the transac-
ton, saying that owing to various compli-
cations $500 seemed to be all that Bagwell
could possibly collect from All Sing.
This closed the testimony, and Mr.. Brusie
proceeded to argue the case in support of
| the motion to set aside the judgment, and
was followed by Lincoln White in opposi-
| ton thereto. The latter having impugned
| the character of All Sing, and criticised
Bruises action in having professional rela-
tons with him, Mr.. Brusie said he would
| rather have his name associated with that
| of the Chinaman, gambler though the lat
| ter might be, than with such man as Bag
we'll, who had defrauded him out of his
money.