Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-10-20
All SINGS MONEY.
HOW IT WAS DIVIDED UP BETWEEN
BAGWELL AND WAGNER.
A $40 Note Against the Chinaman Raised
to S400-Some Interesting
Testimony.

through fraud. When the case was called
Jud @. Brusie, attorney for All Sing, arose
and said the plaintiff was prepared to show
that some time in June All Sing made q
chattel mortgage to one G. E. Wagner, for
| which Wagner was to advance 81 400 to Al
Sing, in order that the latter might pay the
expenses of picking his hop crop. Bag
well, knowing the Chinaman, had recon-
mended Wagner, and subsequent to the
execution of the chattel mortgage Bagwell
drew various sums of money from Wagner,
and had such sums charged to All Sing, but
that the money was invariably applied to
his (Bagwell's) own use.
Judge Van Fleet-"Do you mean to say,
Mr.. Brusie, that Bagwell drew sums of
money from Wagner under the pretense
that he was getting ii for A b Sing, and then
applied it to his own use?"
Brusie-"That's just what l do mean to
say, your Honor
Lawyer White-"You are making some
very strong statements"
Brusie-'I am not making any statement
that / am unable to substantiate F; and what
is more, instead of All Sing owing Bagwell
the latter is indebted to All Sing in the sum
of $500"
All SINGS BBoADsIDE.
The examination of All Sing by Attorney
Pickett failed to bring out anything favor
able to the Bagwell side. The witness
denied that the affidavit presented by his
attorney (Brusie) in support of the motion
to set aside the judgment had been signed
by him without knowledge of its contents,
as alleged in the cross affidavit of Bagwell.
He said that on the 22d of September Bag
well came to his store on l street and told
him to 90 to Pickett's office the next morn
ing and fix matters up so that the attach
ment levied by the Sacramento Lumber
Company on his money might be released
and he be able to get some money to pay
some Cinnamon. The next morning he
went to Pickett's office. as requested, and
found there Pickett. Bagwell and Chung
Kee, his (Ah Sing's) partner. Bagwell
told him TO sign paper, so that he could
go and get some money for witness.
HE SIGNED THE FATAL PAPER.
Pickett was writing at tine time, but got
up and pointed to place on the paper TOR
witness to sign his name, telling him it
was all right Witness said he signed his
name without the paper having been read
to him. After that Bagwell took it and
said he would go and get the money for
him.
All Sing further testified that he subse.
auently related all the facts to his attorney,
Mr.. Brusie, and that Brusie prepared an
affidavit embodying his statement, which
was read to him and then signed by him,
he being fully informed as to its contents.
During his examination witness expressed
surprise at Bagwell's claim for 5000 for
horse hire, saying that during the season
he had only from two to six horses in use,
at twenty-five cents each per day.
BAGwELL WANTED IN COURT.
The Court said he would like to hear the
testimony OF Bagwell in regard to the mat
ter of horse-hire, and on other points at
issue.
Mr.. Pickett replied that he had told Bag
well to be sure and be in Court, and that
his failure to be present was through no
fault or negligence of his (Pickett's).
Mr.. Brusie-"I have ordered subpoena
for Mr.. Bagwell, and the Sheriff tells me he
cannot be found"
Judge Van Fleet-"Well, Mr.. Pickett
for your own sake would suggest that
you see to bringing him into Court"
Mr. Pickett shall certainly endeavor
to do so. And wish to say here that am
only answering as to matters occurring in
my office. Anything that Mr.. Bagwell
may have done on the outside has, of
course, nothing to do with me-"
Lincoln White, who is acting as attorney
| for Mr.. Pickett, endeavored to get from the
witness, All Sing, an admission that he
| bad told Pickett that the Brusie affidavit
had never been read to him, but the China
man denied having ever said anything of
the kind.
BAGwELL AND wAGNER's FINANcIERING.
| ]. D. Lockhart being called, testified that
on Sunday, September I'd, Bagwell (who
was heavily indebted to him) told him he
was about to get some money from a
! Chinaman, and that he was going to get
| the latter to confess to a judgment. Bag
well came to him again that day, and said
the Chinaman had signed confession OF
| Judgment, and that he (BagwelD would
get the money that evening. In the even
| ing he said he could not get it till the next
day. When he next came he took out
| $14 20 and offered it to witness, saying be
did not get what he expected and had to
pay his attorney $50, beside the Court ex-
penses.
Witness said that Bagwell admitted hav-
ing told the Chinaman that the Sacramento
Lumber Company had attached his tAh
Sing's) money, and thereby got him tc
sign a confession of judgment. Bagwell
further told witness that All Sing went to
| Wagner and got $40 that Wagner drew
up note for $500 and sent it by him for
All Sing to sign.
Witness asked Bagwell: ibid the China
man sign it?" and Bagwell replied;
Z" Yes. He can't read; he can sign hi:
own name, and that's all"
THE CASE GOES OVER.
Mr.. Brusie then announced that he hai
issued subpenaes for both Wagner and Bag
well as witnesses, but that they had not ye
been found
Judge Van Fleet-"Mr. Pickett, will yor
have Bagwell here at 10 o'clock on Monday
morning."
Mr. Pickett will"
Judge Van Fleet-"Then this case will b.
continued until that time"
VERY QUEER CASE.
The facts of the case are involved in con
siderable confusion, but it would seem tina
Wagner had taken a mortgage for ST 400 OF
the Chinaman's hops. against which Bag
well drew from time to time certain sum
of money, which All Sing says Bagwel
used for himself and then charged tn
money up to him. Wagner claims that tn
money is still due him Isl. 400), and Bag
well has claims against Alb Sing amounting
to 81 200, besides the $500 which he go
through his judgment. In short, tn
Chinaman gets nothing for his hops, and i
nearly 5000 in debit
The presumption is, however, that befor
! Judge Van Fleet gets through with tn
case-provided Wagner and Bagwell Cal
be got into Court-will have the facts s
Strengthened out that one will not need t
be an expert accountant in order to under