Sacramento daily record-union., 1890-03-15
BLUFFIKG A WITNESS.
You MUST BAIL ME OUT, OR I'LL
CINCH your
Tom Summers Threat-His Good Hit at
Tom Snyder, of Yolo-Finally
Held to Answer.

Thomas Summers was taken before
Justice Devine yesterday for examination
on the charge of forgery. Summers is the
party charged with having sold to Charles
Heisen promissory noe alleged to have
been given by Mike Bryte in favor of one
Harry Summers for the sum of $500, which
note Bryle had declared to be a forgery.
The accused was arrested in Missouri, and
was recently brought from there 10 answer
the charge.
He appeared in Court yesterday without
counsel, while District Attorney Bruner
was present to prosecute the case. When
the case was called. Summers-who is ap-
parently upward of 60 years of age-arose,
and in a nervous manner and with the air
of one who had little to hope for, said:
Your Honor, waive my right TO an
examination
There is no such thing known as a de-
fendant waving his right TO an examina-
ton, replied the Court. 'We must have
an examination whether or no"
Charles Heisen was the first witness
called for the prosecution. He testified
that on March 16, 1889, the defendant
called on him with note for $500 bearing
the signature of Mike Bryte and drawn in
favor of Harry Summers, also bearing the
latter's alleged Endorsement. Witness be-
lieved the note to be genuine and paid S4o0
for it, He afterward learned from Bryte
that the latter Tepudiated the note where
upon he placed the matter in the hands of
the police.
Summers asked Heisen if Cornell did not
tell him the note was all right, and the wit
ness answered that he did.
Mike Bryte was called, and testified that
he was acquainted with Summers. On be-
ing shown the note, he said he knew moth.
ing of it; that he did not owe Summers
anything, and never authorized any person
to make such a note for him. He had had
no business transactions with Summers
since 1887.
The prosecution next called ]. W.
Hughes, the lawyer, who testified to having
had professional business with Bryte, and
knew his handwriting. The note was
shown to witness, and he said he was GER
tain the signature thereto was not genuine
Christopher Cummings, an employe of
Bryte, testified to knowledge of Bryte's
handwriting. The signature to the note
was not that of Mr.. Bryte
Summers demanded that the witness give
some evidence of his ability to read writing,
which the witness did by promptly reading
the complaint against the defendant
Charles Heisen, Jr., detailed the circum-
stances of the transaction involving the
purchase of the note.
Charles NJ. Cornell, a chemist, who as
sisted Summers in negotiating the sale of
the note, testified that on March 8, 1889, he
drew up note for Summers in favor of
Harry Summers. Witness identified the
note in question as the one written by him.
A week later Summers brought him the
note signed las supDosed) by Mike Bryte
and indorsed by Harry Summers, and
asked him to assist in selling it, which wit
ness did.
On being questioned as to whether or
not he had had any conversation with the
prisoner recently in regard to the case,
Cornell replied that he had, and that it
occurred in the Courtroom just before the
case was called.
Mr.. Bruner asked him what Summers
said to him, and Cornell replied
He said: I want you to bail me out,
or I'll cinch your"
The prosecution here closed its case.
Summers then asked that Chas. Heisen
be recalled, and inquired of him if man
named Bell had not been to see him, and
explained about the signing of the note.
Heisen replied that no such person had
called on him.
Summers called T. A. Snyder, OF Yolo
county, to the stand.
DO you know Mike Bryte ?' he asked.
81 do, replied the witness.
What is his reputation for honor and
veracity ?"
Il have never heard it questioned" re-
piled Snyder.
Well" retorted Summers, II heard you
swear very differently orce in Court of
justicep'
Officer Farrell testified that when he
went to Jefferson City, Mo-, after Summers,
the Sheriff told him that Summers had
surrendered to him voluntarily.
you didn't have any trouble bringing
me here, did your" asked Summers.
None at all, replied the witness; "you
behaved very well"
81 slept with you every night on the
road, didn't !? ?" persisted Summers.
Farrell did not seem to like the question,
as the prisoner was not very attractive
person for bedfellow, but answered that
they had occupied the same couch most of
the way.
Justice Devipe asked Summers if he
wished to be sworn, and he replied ab-
ruptly that he did not.
The Court then held him to answer be-
fore the Superior Court for forgery, and
fixed his bail at 81, 500.