Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-10-22
BAGWELL'S DOODLE.
All SINGS AGENT TELLS HIS STORY
TO JUDGE VAN FLEET.
Is Hop-Raising a Failure? = Circum-
stances That Made it SO in
All Sings Case.


for All Sing, calling as a witness Bagwel
himself. Witness testified that in January
1889, he made an arrangement with All
Sing to furnish the latter with horses. The
number used varied from two to seven, and
their term of service continued till October
He thought that the horse-hire would
amount to about one horse per day for 600
days, at so cents each. All Sing not hay
ing feed for them, witness furnished it, and
charged at the rate of so cents per head, OF
81 day altogether. He denied that Al
Sing was to have the horse feed in consid
Grafton of doing some grubbing.
Witness, in reply to questions by Mr.
Brusie, testified that All Sing owed him
81 800 for horse-hire, money advanced and
bills paid for him, etc. He could moi
specify the items without his books, and
these were at his home, some twenty miles
in the country.
Being pressed, witness remembered q
few items (about Sl00) that he claimed to
have paid for All Sing, such as black.
smithing etc.
Asked if he or his wife Lad removed any
leaves from book containing accounts OF
piled in the negative. He remembered
paying All Sing 800 in cash about last
May, and had paid other sums.
Witness said he had commenced suit.
through Mr.. Pickett, against All Sing for
$500.
He was asked why he commenced suit
for $500, when. as claimed, All Sing owed
him 81 600.
Witness replied that there had been no
settlement at that time. An Sing owed
him about that amount.
Judge Van Fleet-"How could you m axe
an affidavit on attachment, if you did not
know the exact amount due your"
Mr.. Brusie-"The affidavit was made by
Mr.. Pickett"
Judge Van Fleet = "How could Mr..
Pickett make affidavit to specific sum,
when Bagwell himself admits that he did
not know exactly how much All Sing owed
him?"
The witness explained that be knew that
All Sings Indebtedness was much more
than $780,"
Witness said that at the time All Sing
signed the confession of judgment he was
present in Mr.. Picketts office. There were
present Pickett, the witness, All Sing and
the Office boy. Did not think Chung Kee
was there. A man named Smith served
Inc pdpclS Ou AL Lie WAS
read to All Sing by witness, before it was
signed. Mr.. Pickett also read it over to
him. All Sing signed one that was no
good and then he signed another.
Witness said he saw All Sing the day be-
fore the papers were signed, but had no
conversation with him.
Being asked as to the conversations with
All Sing on that day, witness said he had
no recollection thereof, and could not have
had an interview with J. D. Lockhart in
which he is alleged to have said that he had
just seen All Sing and would have some
money for Lockhart the next day.
He admitted having seen Lockhart after
he got the money from the Sheriff but
could not remember what passed between
them.
y The Court-"What was the purpose OF
making out two confessions of judgment
against All Sing"
Witness-"0ne was defective"
The Court-"What became of it?"
Witness-"It was destroyed"
The Court-"Why did you make the
confession of judgment for $500, if All
Sing owed you 81 .600?"
Witness-"Because we had no settle
ment, but knew that All Sing owed me
$780,"
The Court-"Then you guessed at the
amount in making out the confession of
Judgment"
Wimesa-"Well, I didn't expect to get
any more than that"
The Court-"How many acres of hops
did All Sing have?"
Witness-"About twenty acres"
The Court then examined the witness at
considerable length regarding the length of
time ii would take to pillow the ground and
afterward TO cultivate the hops.
Witness said it would take about ten
DAYS to go over the ground each time, and
that the hops were cultivated about five
times during the season. He claimed that
All Sing used the horses for other purposes
also.
swear positively that 200 days work fol
one horse was done by All Sng?"
The witness replied that his accounts
showed that 600 days work were done, and
he would swear to their correctness.
The Court asked witness if he was look
ing for An Sing on the day before the con-
fession of judgment was signed, and he re.
piled that he was not.
The Court-''Tben, if you told anybody
that you were looking for All Sing on thai
day, it was not truer'
Witness-"It was not
The Court then subjected the witness IL
a rigid examination as to the sums o.
money drawn by him from Wagner fol
All Sing.
Bagwell said he started to keep an &C
count of such moneys, but atterward gave
it up.
He was asked by the Court how he ex
pected to ever settle with All Sing, if be
kept no account of moneys drawn by hin
for All Sing and paid out for the latter.
The explanation given by witness was
decidedly vague and rambling, and The
= Court finally remarked:
That's all l want to ask him about the
accounts"
In reply 10 questions by attorney White
witness stated that the foreground was
plowed twice.
Mr.. White started in to get witness to tel
what wagons, harness, ETC., of his All Sinf
had used, but the Court interrupted anG
said that nothing outside of what wa!
charged for in the complaint would be ad
mitted. He wanted to get at the bottom
of this matter, and would restrict the testi
mony to its proper limits.
On cross-examinatIon witness testified
that there was no dispute between him an(
Alb Sing as to the charge for horse-bire
and that All Sing admitted it to be correct
at this iuncture the Court again took th'
witness in hand and tried to secure from
him some lnfOrmatlOn as 10 HDeIe ne 20
the 500 with which he had charged Al
sing as advanced by him. The inquiry was
long, rigid and not very productive of tan
gible results, the witness finally claiming Il
have had the money in his house IN bu
reau drawer.
The inquiry brought out the fact that AL
Sings hop crop was mortgaged to Wagner
for 81, 400, OF which 81 900 was for witness
benefit.
To attorney White witness said he be
lieyed his name was mentioned in the croI
mortgage, but the document was at hi
house.
Witness identified a document in his owl
handwriting embodying the several SUM
alleged to be due him by All Sing: He sai'
it was at his request that Mr.. Pickett drew
up the complaint. and upon data furnished
by him [Bagwell)-
In preparing the complaint Mr.. PlcKet
had been informed that Alb Sing owed VII
ness al least $500. His books were In Pick
ett's Office, and showed claims against Al
Sing to the amount Of 81 Co.,
To the Court witness said that the settle
ment was made with All Sing several day
after the suit was brought, and to attorney
White he said All Sing was informed OF thl
commencement of the suit. Witness coult
not remember whether he had any arrange
!, hr-, al. 1ag&