The morning call., 1890-05-21


at Uplon's printing establishment. Had seen
Garness at the printing office 10 company with
Upton. Deceased approached him with UPTON
and the latter began to set up the circular. when
was given to the witness to finish. When asked
by whom he was ordered 10 set up the circulars
he answered that II was Upton. The first circu-
lar was set up by Upton and himself.
Continuing, he said: When the circular was
set up gave the copy aud The proof 10 Mr.. Up
either again: It is the custom TO keep the copy
In a book kept for that purpose, but never
saw It again. Do not know what was done with
Daniel Gallick, type-setter In the employ OF
Upton, was placed on the stand. Said he: oo
set up the last circular IN December, 1889.
Inc manuscript was given me by Thomas b. up
ton, but did not know that GaTness was III any
way connected with it,
CROSS EXAMINED.
On cross-examinaIion. he testified that he had
set up lhe entire circular and TOOK the frsI PROOF
after II had been corrected TO Thomas Upton
There was man Ill the Office to whom Upton
handed the proof. The man, whom did not
know, took the proof and went away.
proofs d."
We hang them on the hook"
Dld You hang copy of this proof on the
No, SIR"
new.
Daniel Glmacher was called. Witness was
resident OF COusa aud had known Samuel w.
Garness during his life time.
Did he ever speak TO you about those circu-
lars ;" asked Attorney Dellnas
Yes, sir"
What did he say ?"
he wanted 10 know what was thought about
them and told him there was a great deal OF ill.,
dlenatl0n That was in September or October
last lie then wanted 10 know who | thought
sent them replied that l had no idea, but
That II had should tell Mr.. Arnold. met
Garness In san francisco a few weeks later and
he asked me 10 take 4 drink. | was not feeling
wen. but lie Insisted aud took lemonade. He
wanted 10 know what was new, and said:
Nothing In particular"
HE continued Il mean about the circulars
replied that knew nothing about 1t, and he
told me Just 10 look out, for somebody would get
caught aud sent across the bay.
ION thlId occasion | met him, and he brought
up the subject OF tile circulars again | tried 10
avoid the subject, but lie insisted on talking
about It."
MAILED THE CIRCULARS.
John w. HarvOurne, q resident OF Alameda,
was sworn. He said: 81 knew Samuel W. Car
ness, ana In September or October, 1889, Mr.
Garness asked me 10 take a trip to Colusa Tor
him. l told him l would il were paid for II.
he slated that he had lot of business notices
That lie wanted mailed IN COlusa, and asked me
Cousa."
Witness was shown a number of envelopes ad-
dressed to Colusa citizens and which had con-
talned copies OF the circulars. He identified
them as having been mailed by MIN for Garness.
lie was also shown the register OF the COiusa
HOUSE, anu pointed out his signature under date
OF September 10.
On cross. examination it was shown that he
udu dIlNeu dJ COluSd III Inc afternoon ana m2lleQ
lhe circulars at night. lie stated, also mat II
was very hot day, and lie had remained in his
room at he hotel during The afternoon and even
Ing playing whist with the proprietor OF the
hotel About 10 O'clock he left the cald.table
saying that II was about bedtime, aud before re-
urlng had gone 10 the Postoilice where lie de-
iOslied the letters. Remembered thar one
addressed 10 George GOdd and one TO X. d. Hail
BUTLER's STORY.
john j. Butler, an alleged newspaper man,
when swor4 stated that lie had been employed
# ~ -,
man OF the ptess-room In the law-bOuk ana his
torlcal department. Had been compelled 10 give
up ms position on account Of rheumatism, and
had IN 1889 secured 4 position with The Daily
Report. From there lie had gone into the enl-
plOy OF the Examiner as an eXtra-repOrtrr, re-
naming III That position from December, 1888, TO
April, 1889.
Continuing his story he said: II had pub
lshed lii Tie Chronicle on April 18th short
news Hem IN regard 10 tue Coiu'a circulars. and
about Two weeks later was approached by Gar
ness. AT that time l was living on Haight street
and had IN reality left the employ OF tile Exam
liner, but had not Notified the city editor | was
suffering from an attack of my old enemy-the
lnnainInatory rheumatism - aud remained at
home Tor few days TO rest. One morning
walked out on the sidewalk III front OF my house,
and LOOKING w saw .Garness standing on the
platform OF an approaching cablr-car. He was
ookIng at The houses on either side OF the street,
anu when lie saw NE lu!nped of aud canle To-
ward me. After accosung me he Informed me
that he had some business for me to attend to,
aud asked II would call at his Office, Room 10,
III the Nevada Block, on the following day. l
answered him that would do so If possible,
but might be unable TO do so ON account
OF my illness. When the following day
came was feeling much better and went down.
town TO his Office When called lie was not in,
ana turned 10 70 away, but met him on the
steps leading III from the street. He stopped
me aud asked me 10 90 with hlm 10 the Exaini-
ner editorial rooms. j complied, aud we had
goue but few steps when he asked me Ii |
knew Captain Lees. replied that ne had been
polluted out 10 me, but | had no acquaintance
Win him. He then told ms that II saw Lees
approaching 10 drop back 50 AS We would not be
seen together Ii struck me as Il peculiar re-
quest, aud .aid: WHATS the matter, Garness;
have you been forging any ones name"
LITTLE SCHEME.
"'0h, no!' lie responded, Il have a little
scheme that there Is money IN, and that - -
Is tying 10 get intO IL, but I'll fool him..
"Wnen we reached Inc Examiner office he
wanted me TO 20 IN first and II there was no one
in to come ont again and bcckon to him | went
In aud found the Office deserted. Even Ward
was out DeckOned 10 earn IS aud he entered.
When we were seated lie went on TO say that he
knew OF whe-cdp scheme that was being
worked At Colu~a, and that Inc man WHO was the
victim had filled his house with reyOlvers and
winchester rifles He then told me that II
would write u something about 1t and have ii
inserted IN The Examiner lie would give me sou
The last sentence was ordered stricken out.
MIR. Delmas Then asked: without going into
details. did you not get an article Inserted for
which GdInesS paid you?"
- did,
The answer was ordered stricken out as incom-
peGenI.
81 met Garness again." continued the witness,
between the l II and 10th OF May. lie came to
my house aud as ed me To go TO his Office ON the
next day as he wanted TO have talk with me. l
promised that would, but when called he said
lie had made a mistake as to the time, aud would
see me in The evening. He would meet me, lie
said in front OF he Examiner office on Grant ave-
nue.. was on hand AT the hour named. and
Garness asked me 10 meet him little later at The
Palace Hotel l then walked down Mar ct
street 10 the Palace and he passed up Grant ave
nue.. lie Joined Inc at tile Palace 10 few min
utes, and we sat on one OF the setteeS with our
backs TO tile electric light.
AN INFAMOUS PLOT.
eve had hardly seated ourselves when he said
Il have Job for you 10 do He hesitated for a
few moments, AS II In doubt. before proceeding,
and then drew from the inside pocket of his coat
a leather wallet, from which he took a small
piece OF paper. l noticed 1t vas considerably
worn, and when he handed l. 10 me ii proved TO
be copy of one OF The Cousa circulars. When
had read II lie asked: What do you think of
thar | answered that II was awful. lie then
said: They are valuable
What theyY | asked
"'Why these circularsY said he. Arnold has
been buying Them up. but he hasn't got all OF
them They Will be kept coming right along.
They are worth $50 apiece and cost me lots OF
time and money. Now will tell you what |
want you TO do. You must 20 TO the Chronicle
aud get position You Will then call their at
tentlon to tie fact that you were the author of
the former ltem published Ia that paper aud tell
them there Is more back of 1t. This you must
not do, however, until you are firmly anchored in
your position. Then you must volunteer 10 go
TO Cousa TO investigate II, aud write IL up, offer
Ing 10 pay your own expenses. When you have
obtained authority To go To Colusa, will give
you The names OF the people To see.' L think he
mentioned Green at the time. What they tell
you will amount TO little or nothing. Will give
you the necessary points. While you are IN
COusa you must Keep busy. Don't loiter, but
make yourself as active as possible. and let
every one know what your mission Is. After a
while one OF Two men-elther Arnold or John
Boggs-wiil come to you. Ii will probably be
Boggs. He Will try 10 buy you of, and you must
make him bid high. Don't take less than S5000
but get more II possible Tell them that you
nave II In your power 10 stop the circulars, aud
that you, and you alone. can do 1t. When you
have The money come back to San francisco and
tell MIR. Henderson there is nothing in 1t, and
that you cannot write II up. We Will divide the
$1,000 between u.s.
. was In debt TO Garness at the time, nd my
notes 10 him were Endorsed by NJ. j. Sullivan
these lie offered TO destroy II 1 would undertake
the Job aud would give Inc $500 In advance be-
sides.
THE WRONG MAN.
told him he had the wrong MN, and re.
fused TO have anything to do win 1t. He said !:
You dare not refuse. You cannot afford to let
your friends debts and thay mISt ,