Los Angeles daily herald., 1890-03-22
HE Is NOT GUILTY.
That is What the Jury Say
in the Montana Case.
AN INSTANTANEOUS AcQUIrrAL.
The State Falls Down all Round,
and FOregoes to Furnish
any Instructions.

Yesterday closed the Montana case
which will henceforth be memorable fol
the iasco made by the prosecution, ant
which will raise again the question o
what utility are Grand Juries? When
the case was called in the morning the
defendant was put on in his own behalf
He said in gu bstance as follows:
am the defendant. know Lauterio
I heard his testimony. never drew OF
prepared a warrant in the month oil
June, 1883, for the sum of So, $40 on the
general school fund. Lsuterio's state
ment in regard to my drawing any paper
on the evening in question is false in
every particular. The Republican
1888. remember drawing warrant l, ,713
in favor of Harper & Reynolds. 1 can
tell the date by locking at the books. l
have no knowledge of the drawing CT any
warrant for $3 $40.
Here witness was shown the stub
books, and identified warrants LII and
1,713, which were drawn on June 27,
1888. Warrant 1.7l3 was the last one
on that date. Lauterio swore that No.
1,712, the warrant at issue, was the last
transaction of that date.
In reference to the deposit of Sc, 700 in
the First National Bank, Montafio said
The greater part of the amount was sent
to me from my brother, of Inyo county.
He sent me $4,000. The other 500 had
collected up in my house. I mortgaged
lot to Mrs. F. Mcdonald for 81 900.
gave Mr.. Wright a check for 81 ,450. II
was after had deposited the $3,700 in
the bank. l did not pay him any money
at all. No such conversation ever oc.
Cured between myself and Lauterio in
front of the Catholic church as ne stated
Mr.. Kelly had many times threatened
me that if / did not pay the money by 10
O'Clock the next morning he would pu
nae in jail. l was somewhat nervous.
met Lauterio as he stated, and knowing
that he was we'll acquainted with Mr.
Mascarel, / asked Lauterio to 60 with me
to Mr.. Mascarel, saying that there was a
shortage, and that if was given time tc
employ an expert and detective l could
straighten things up, but that if the Dis
trict Attorney threw me in Jail would
have no chance at all. then said that
if he would 60 with me to see Mascarel
would turn over all nay property to
hold as security until everything could
be cleared up. That is the subject of the
conversation had with Lauterio. did
not know of my own knowledge that
there was shortage in the office
Lauterio was a deputy under my ellcces
cor until July, 1889. until he was ar
rested by the Sheriff. Lauterio was in
the Office when it was removed. l had
number of other deputies in 1888, dur
ing assessment season. Lsuterio kept
the books in 1888. The first heard of
the $40 warrant was in June, 1889.
got Mr.. Blackman to go over the books
at that time. l also employed Detective
Lawson to investigate the matter. had
an investigation to find all the illegal
warrants that had been issued, no mat
ter by whom. got the So 900 from my
brother to invest in real estate.
On cross-examination the witness
said: My brother, P. Montana, brought
the money. 1t was in 500 gold pieces
two different packages. There are no
banks where he came from.
Here the witness was shown the stub.
book and answered questions as follows
Q.-In whose handwriting is this mum
ber, No. LII?
Ain mine.
Q.-In whose hand is No. LIP?
Al should Judge that it was Lau.
terio's, by comparison.
Q.-Whose is this, No. LIB?
Al could not say. 1 drew the war
rant. 1t was custom to write the num-
bers ahead-enough for the day. To my
own knowledge l do not know who drew
the warrant at issue, or to whom it was
paid, or when it was drawn.
On redirect examination Montafi, /,
answered thus:
Q.-Did you ever draw a warrant
leaving blank stub?
A.-No, sir.
Odd you ever fill out this stub No.
COOL?
A,-No, sir.
Witness shown the warrant.
Odd you ever fill out this war
rant?
A.-No, sir.
Q.--Who did?
Alt is in the handwriting of Laute.
rio and indorsed by him.
George M. Holton, j G. Kays and
Mr.. Willis testified as to the defendants
reputation for truth and honesty before
the bringing of the present indictment.
They all said that it was good.
The bookkeeper for Harper & Rev.
nolds was called and shown warrant No.
17l3. That warrant was received on
June 27, 1888, and entered in the cash
journal on the following day.
Jose Aguirre said am Deputy Sheriff
l know A. A. Montsfio; have known him
for ten years. His reputation is good.
Fred Holbrook also testified as to
defendants good character, and several
others 80 testified.
Cy. Lyons testified: 1 saw Lauterio
soon after he was brought back by the
Sheriff of San Bernardino county, in the
county Jail. At the time he told me that
he did not know who drew warrant 17l2
saw him in saloon in Temple block.
He repeated the same at that time. ]
asked him who drew that warrant and
who got the money. He replied that be
knew nothing about it.
Aaron Smith, Deputy County Auditor,
testified being shown the stub.book OF
warrants.
Q.-Are there any blank stubs here?
A.-Yes, sir. v
Q.-Where are the warrants?
A.-They are missing. We have been
unable to find them.
Being shown a list of fraudulent war.
rants and several fraudulent warrants,