The morning call., 1890-05-21
FORGING THE CHAIN.
Link by Link Added to Evidence
Against GarnesS.
The Infamous Plot Against Arnold Laid Bare
in ALI Its Hideousness-Upton, the
Printer, Testifes.

go by, and the evidence drawn out yesterday
OF most sensational character, proving as IL
does beyond a doubt that Samuel W. Garness
was the author and disseminator OF the Infamous
circulars.
1t begins to look as If 1t one OF the most
daring and cunning matchmaking schemes ever
devised and worthy OF The brain OF colossal
schemer.
The first witness yesterday morning for the
defense was 10 have been I. Il. UPTON Of the firm
OF Upton Brothers, printers, at 429 Montgomery
street, but 1t was announced thai lie was con-
fined TO his bed with typhoid fever. II was sug
gested that his deposition be taken, and quite a
war of words was INDUCED in between The at
torneys. The deposition ordered. and
Thomas Jasper named as Commissioner. A
recess was taken until 2 O'clock.
AT IL 30 O'clock the Commissioners aud the
attorneys, attended by the representatives of the
press, called at Mr.. Upuon's house, and were ad
mtted TO his sick-chamber. DIR. Keeney was also
there TO testify as to the condition Of the wit
ness mind. II was evident that it was clear. de-
spite the effects OF the fever aud he examination
was proceeded with.
PRINTED FOR GARNEss.
Witness stated that he was "a years of age
and was engaged in the printing business with
his brother, Vernon, under the firm name OF
Upton Bros. He was then examined on a
variety of subjects to show the clearness of his
mind, aud answered all queries In manner that
set all doubts at rest.
He was then asked: Ibid you know Samuel
w. GarneSs ?"
~ did. My acquaintance with him extended
over a period of six or seven years. We were
Oh friendly terms"
Did you ever do any WORK for him?"
An objection was overIuled. and the witness
replied: I'VE printed prOmissory notes, cards,
and Three lots of circulars for min. The circular
identifying III dated 'COlusa, October %. 1885,
and headed A Ladies' Indignation Meeting
was printed at about that time in our Office.
"Garness brought the copy TO our office and
gave II TO my brother, who turned II over to Inc.
Garness stated that he wanted the work done
very quietly aud would like me TO set it up N.Y.
self, SO that no one else would the circular.
lie also desired that 1t should be printed In such
way 10 make il look as if II had been printed
In a country office.
when lie had gone 1 gave it to a printer
ma med Lawrence Roman to set up, and when
Gatne>s returned he and went over the proof
together aud made some slight corrections. AT
Ills request, destroyed BON proof and copy.
STRICT SECRECY.
when l asked him Why he so cautious
about II, he replied that lie was having il done
for a lend whom lie did not wish To get into
trouble. Tie circular had printed on an or
binary newspaper, and Gdlness ordered sixty
CO. les, which he said would be ample for his pur-
lose, uck oil. He paid me So 50 aud asked
me 10 make no entry of tn payment on The
books, As he wished no record OF IL Kept. The
type was distributed at once"
Witness was then shown Il cory of the Septem-
Der circular. ana stated that tuat, too, had be en-
printed fOr Garness IN his office.
GarDess," lie continued, came in with the
copy, and stated that he was IN hurry. He
asked me To set II up myself but as 1 was busy |
only set up the head, A Demand for Refurma-
tlon.' and gave the rest TO Il printer. 1t was
printed printed. T. on oook-p;4iper, which has no water
mark. II is impossible TO tel al what mill it
made. The type was Old IA liloned, and has
since been thrown away "a unfit for AS
soon as II was printed, Garness destroyed the
proof ana copy III my presence, and paid me So
for The work.
Garuess also gave me TO print third cir
cuar headed Aruold's Time Has Come and
this was printed were the others. aud The same
llgid precautions were preserved TO keep ii
secret. lie again asked ME 10 do the work my
sell, but refused and gave it to a man whom |
told him l could trust, TO set ii up This was
Daniel Gdlick. Garness chose The paper, which
was unmarked b0Ok-pauer, and printed sixty
copies a. before.
''W hlle was reading tile proof Garness NUT
teIed: 1 have got him now; this Will be the
Il looSed at him in surprise, and said: What
do yo1 mean? thought you were having this
done for friend
GARNEss' ACKNOWLEDGMENT
his answer was: NO they are Tor me. |
don't MIND acknowledging 1t how. He scowled
as lie spoke, but would say no more about it,
lie then Informed HE that II was personal mat
Ter, and asked me 10 deny all knowledge OF IT..
the last circular was never paid for"
Afternoon Session.
The case was resumed at 2 O'clock and Mr.
Delmas asked that the deposition OF UPTON be
read from the shorthand notes. This was OBJ
jected TO by Mr.. Hosmer aud the Court ordered
that they be transcribed by a type writer.
y. E. Mason was then recalled and was shown
TWO envelopes which had contained the first cir
culars sent TO MIR. and Mrs. Arnold, and was
as ed II the handwriting reaemUled that OF S.W.
Gainess. This was objected 10 by the prosecu-
lion, but The objection was OveTrued. The wit
ness then stated that he thought the hand
writing on the envelopes very similar TO that OF
the deceased.
On cross-examnatIon he testified that he had
never made 4 comparison before, but was conf
dent that the similarity was marked. He had,
however, seen the handwriting OF others which
resembled that in which the envelopes were ad-
dressed.
He was then submitted to a redirect examlpa-
| ton and added 10 his other testimony The fact
| that lie had seen Gainess' handwriting daily for
| years aud was very familiar with il.
SAW HIS PISTOL.
+. B. Boughton, salesman with Bancroft &
| Co., was the next witness and when placed on
the stand said: II met Garuess as a Iellow-em.
| plOye al BdncrofPs and came TO know him we'll
/ know that lie carried a pistol and saw 1t In the
| drawer OF his desk. He requested me TO 20 10
| COlusa about August or September last year [
| met him one day and lie asked me II / would
| Ike 10 90 10 the county. | tod him had had
| my vacation aud could hot get of again. He in.
| sisted, however, mat l could get another yaca-
| tiOn II would, aud he would like me 10 do some
| work for him. l asked him VIVA ii was ana ne
| said 10 go To COlusa and mail something for him."
| On elOsS-tAamlnatlOn witness stated thai he
| had not worked with GaTness since lie fire and
| uiu not KNOW tnat the deceased had carried
| pistol since mat time. tie was OF the opinion
| that the pistol kept by Garness In the drawer OF
his desk was While. handled one, but he had
| never examined II closely.
j. e. scott, The news dealer was placed on the
stand. lie new s W; Garness ana had often
! seen him at his store. Deceased had subscribed
| through him for The COlusa Sun.
WANTED THE SUN
Continuing lie said lie wanted to know il
| could get a country paper, and when | asked
| what paper lie said lie Colusa sun He was mar
| hp for
whom it was Intended. II was about two years
| ago since he lrst subscribed for 1t and lie came
every week In person to get it."
| Do you remember that Mr.. Garness ever
| Francisco papers?"
| In reply 10 an objection by The prosecution.
| MIR. Delmas stated mat it was his intention to
| show that GaiDess had purchased copies of
papers containing articles In relation to the cir
| culars and had mailed Them to The Police News
| and the Police Gazette. Judge Murphy sus-
| tanned the objection, and stated that he would
not allow the introduction OF the evidence unless
copies OF The papers referred to also intro
| duc-d. Witness was tim excused.
George BerlsOn, former employe of j. c. Scott
| was sworn and testified that he knew S. W. Gar
| ness. Deceased had purchased from him copie.
| OF the Evening Post in November. He was then
handed cory OF the Evening Post of November
18th. but could not identify 1t as the same issue
as me one SOFA 10 Gdrness. An objection TO this
| was also sustained and witness excused.
| ARNoLD's STRANGE ACTIONS
Senator John BOggs OF Colusa was sworn. Had
| known the defendant for twenty-five or thirty
years. lie was also familiar with The distribu-
! ton OF the circulars. Noticed Arnold after the
| dissemination of the circulars, and saw that lie
| looked troubled aud distressed. Defendant
seemed TO become emaciated ana nervous He
| remembered riding on train with Arnold In De-
! cember and the peculiar appearance of Arnold
attI acted his attention.
" He was sitting opposite me In the car" con-
| tlnued the wi ness, and while was talking to
| him his mind would seem TO wander. He would
listen attentiyely and then would seem TO be dis
tracted. l noticed that lie would look up and
make peculiar motion with his hand as II
brushing something away from before his face
II was so MAJ ked that called his attention 10 IL
and asked him why he did ii. He answered that
| lie was not conscious OF any reason for IT, fur
| ther than hat lie sometimes got to thinking
| Vernon UFton had known $. w. Garness. Had
been resident OF San Francisco for twenty nine
years and had been printer for twelve years.
he stated that lie was a member of the same
lodge OF Odd Fellows that Garness belonged 10
| aud had known deceased for several years
"Did Nj. Garness ever approach you to print
circular 2" he was asked