Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-05-21
A Very Important Deposition Taken Yes
terday,

Very Important Deposition Taken Yes
terday.
SAN FRANCISCO, May 20th-It was nearly
1880 o'clock this morning. when the trial
OF ID. ii. Arnold was resumed, Judge Mur-
ply having been occupied in passing the
sentence of death upon the murderer,
Charles E. Clarke.
Mr.. Delmes. for the defense, asked that
the deposition of T. B. Upton, who is con-
fined to his bed with typhoid fever, be
taken. He said that the District ATTORNEY
had agreed upon such a course and would
be present, as would also counsel for the
defense.
Judge Murphy appointed Thomas Jas
per, Register Clerk of the criminal depart
ments of the Superior Court. a Commits
sioner to take the deposition. 1t was
agreed that physician should be present
as typhoid patients are liable to become
delirious under such circumstances.
Health officer ]. W. Keeney was selected.
1t was agreed that the Commissioner
counsel and physician should meet at Mr..
Upton's residence, 1135 Pine street, near
Powell, at 11:30 o'clock, and the jurors
were excused from the Courtroom until
2P.M.
The deposition taken proved to be a
very important one, The deponent, T. B.
Upton, Is printer at APO Montgomery
strees.
There were present at the time Commits
sioner Jasper, attorneys McInerny and Al
exander Campbell, Health Officer Keeney
and stenographer.
The deposition of Upton was that at the
request OF Garness he printed the scandal
GUS circulars-sixty of them. At the re-
quest of Garness they were printed, as
nearly as he could effect the object, SO that
they would appear to have been printed in
country printing office. Upton said he
was twenty-four years in the business and
was partner with his brother Vernon in
the printing business. His family relations
were closely inquired into, McInerny's OBJ
ject being to show that the mans brain
was clear. He answered all the questions,
and wien this had been shown he turned
to the main question.
DO you know Samuel W. Garness ?'
"Yes, sir" the witness answered. 81
have known him about six years. He was
friendly to me and also knew my brother
Vernon"
Ibid you ever do any work for him2''
Mr.. Campbell here objected on the
ground that the question was irrelevant
and incompetent. The attorney also en-
tered similar objection to all subsequent
evidence.
Il have performed several jobs of work
for him. Printed notes. cards and circu-
lars"
The witness here identified circular
printed October %, 1888.
II printed it (the circular) for Samuel w,
Garness. He brought the copy to my
brother, who turned it over to NE. Gar
ness said he wanted it done on the quiet,
and that l would do him great favor if l
would set up the type myself. agreed to
set it up. He brought me the copy about s
or o clock in the morning. After he went
away | gave it out to printer to set up.
Garness called later, and he and / looked
over the proof and made some corrections.
The changes were made, and, at Garness'
request, both proof and copy were de-
stroyed. / asked him why he was so eau.
tious about it. He answered by saying
that he was having it done for friend of
his whom he did not want to get into
trouble. l printed about sixty copies for
Garness, who said this was sufficient. He
paid me for the work. and at his request no
entry was made on my books as receiving
pay for the same. The type was distrib-
uted Immediately. Garness said he did
not want any of the same preserved
The witness was here shown the circular
dated Colusa, September Ia, 1889.
Yes; l have seen that circular before"
said witness in response to McInerny's
question. The same was printed in my
office at the request of S. w. Garness. He
paid the bill.'
Mr.. Upton also stated that he printed the
third circular, which Garness also brought
to him, and the proof of which Garness re-
vised. The proofs and copy were burned
Garness again asked Upton to set the type,
but this was done by another man. Gar.
ness each time cautioned Upton to say
nothing about the circulars.
AT the afternoon session of the Court
witness n. E. Mason was recalled. He
said he occupied desk by the side of Gar
ness in the employ of Bancroft & Co., and
was very familiar with his writing, which
was peculiar.
Envelopes which had been sent to Co.
lusa containing circulars were submitted to
the witness and he identified the super
scriptions thereon as the handwriting of
Garness.
Fred. B. Boughton worked with Garness
for Bancroft & Co. for several years. He
knew that Garness kept a pistol in his
desk. When he came down in the morn
ing he would remove his overcoat, and
taking his pistol from his pocket place it in
the drawer. One afternoon last August or
September Garness asked ME if l would
like to take q trip in the country. He
wished me to go to Colusa to mail some.
thing.
Cross-examined-Saw Garness have a
light handled pistol before the Bancroft
fire in 1885,