The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-12-19


ment of THE CALL, and there were present
besides Captain Lees and defendant Kerr,
MI Loring Pickering, Mr.. Hurlburt, clerk
in the business department, and myself.
This interview was based upon questions
prepared and handed to Captain Lees. The
Questions were asked principally by Cap
tain Lees. Kerr said that he was not cash
Ter, but was simply appointed to keep GER
tain books. In answer to question, he
said that when he took charge of the books
he became aware that there was a small
shortage, something like $1,000 or $780,
Kerr stated that he had never reported the
matter to either Mr.. Pickering or Mr.. Fitch.
did you not know asked the Captain,
that you should have reported this to Mr..
Pickering? Did You not know that there
was certain amount Of loyalty that should
have prompted you to report this|
WHITE WAS HIS FRIEND.
81 did not, replied Kerr, because White
was friend of mine
"'And because he was friend of 20 urs.
continued the Captain, you allowed him
to commit crime day after day by plunging
his hands down to the elbow into the safe;
saw him breaking his way into the peni-
Tertiary day after day and did not say any
thing
moment. but finally said: White was
friend of mine.
And was that the only excuse he Of
fered?" asked Mr.. Crothers, of counsel for
the plaintiff. 49,. os,,o, ),
continued the witness, ''if ne did not know
that at the time he left the Office, on the Sth
of June, 1889, there existed shortage OF
over S21 COO on book account. $4,000 on
paper account, $50 OH ink account and
about $500 on other accounts. The de-
PENDANT in this case expressed surprise aud
asked, Was it as much as that?
Il suggested to Captain Lees that he ask
Kerr one of the questions on the list, but at
his request l asked it. 1t was. Did you not
pay W bite money other than his salary and
make an entry of such payments in book
other than those you said you kept? Kerr
erlied, Yes, in little red book. showed
him the red book and he admitted that the
entries were in his handwriting; asked HIM
the meaning of an entry September =, 1887,
tags Sl5S5 So. and to that he replied, That
means tags Which means. l presume,
number OF tags put in for money taken out
and oil that day aggregated That's about
it, answered Kerr Then there was an en-
try December q, 1887, of cash S1235. and
Kerr said he presumed that was also tags
WHAT WAS MEANT.
8" then asked him what was meant by
entries in this book for several months In
succession of $50 and Sl60 IN excess OF
salary paid White That, said Kerr, was
for Whites rooms and board"
What. if anything" asked Mr.. Crothers,
twas said about the Breeder and Sports
man?"
kerr said the paper was started by Simp-
son, White and myself For tine the
paper was run on CALL money. First the
paper was printed IN JOB Office, and alter
that We got some type which Simpson PAID
for When asked how much money had
been sunk in the paper, Kerr replied that
he did not know exactly, but should say
some $4,000. He said that Simpson had
sold his horse Antevoio to pay the
debts of the concern. and had drawn
hat of ord
his interest for $500: that lie
paid for that interest with money obtained
from johnny Goldsmith. his friend, TO whom
he gave seven notes and Dill ot sale OF ihe
paper.
have an interest with him in race-horse
named Memo. He answered that lie did not !;
that he always owned the horse himself, and
that lie paid Tor the animal with money that
he had and some he obtained from his
mother.
Now, Jimmy asked the Captain, did
you ever draw any money from the safe?'
Kerr replied, Yes; L drew my salary.
Whereupon the Captain said, Yes, you had
a right TO do that, but that is not what
mean; you know what L mean
WHEN KERR WAS SHORT.
"Kerr replied Sometimes when | was a
little short | would take few dollars; this
in all did not exceed $3.50 or S36O; do not
recollect which amount lie stated He said
that when he left he put the amount lie had
named back into the safe, and that tbat more
than covered anything he had ever taken.
- He was then asked If he did not, on the
occasion of a boat-race, take $500 from the
safe TO bet on that race. He replied that he
never took $3.50 or any other amount from
the safe 10 beat on any boaT-race.
Captain Lees then told him that when
White WIS Informed That the defalcation
exceeded S60,0o that it might reach $4,000
and even $4,000, he had declared II it
amounts 10 that much L did not take 1t all.
Kerr must have taken some Kerr looked
astonIshrd and asked, Did ne say say that
And l have been such friend to hln!'
He not only said it, said Mr.. Pickering,
iuterrupling, but he has written it,
when asked what " bite had done with
the money paid him for his interest in the
Breeder and Sportsman, Kerr said he had
White di0 not lave an interest in that paper
at the time of the interview, and that he,
Kerr, Was the sole owner.
WHITE SELLS A HORSE.
Kerr was then asked what he knew of
Whites ownership oil a pair OF roadsters.
Kerr said White never owned pair of
roadSterS, but l think know Whit you
mean. The Call Company had to take "a
horse in payment of advertising due to the
extent of $780, l bought that horse from
White, paying him $3.50 for It He said that
he still had that Nurse.
were betting IN the pool-room did you make
! any bets for White, and when he won how
much percentage did he allow you =?
'.'Me bet for White replied Kerr. Never,
1 always made my own bets
"'And White made hs?' asked the Cap
tain.
Yes answered Kerr.
And. continued the Captain, he gener-
ally lost
YES said Kerr, 'he always was a.
fool at betting. His judgment was usually
bad
1.-The Captain then asked him il it was
true, as White said, that lie Kern was the
first one who had advised him to use CALL
money in mining stock speculation. He re-
piled that it was not true. That In all his
betting, stock speculations and other VEN
lures, he was alone, except III the Breeder
and Sportsman.
FRIENDLY TO MIR. PICKERING.
During the interview Kerr stated that
he did not have any realty revert to him
upon the death of his father; did not have an
income from Scotland. He said that while
he was not cashier he handled the money,
and that White had also handled money,
and that he looked upon White as his SUI
perior officer. He said that he was friendly
to Mr.. Pickering and very sorry that he had
lost SO much, but that he could not see Why
he had been sued in the matter"
Witness said he had also heard something
said about a S12,0 note, but did not hear
all, as at the time that was under discussion
he absentcd himself TO obtain book from
the business department
You may take the Witness" said Mr..
| Crothers after consulting with Mr. Bclcher,
also of counsel for the plaintiff, wbereur0n
Mr.. Daingerfield said that in view of the
fact that other witnesses had been excused
he desired that the witness on the stand be
excused until after the shorthand notes had
been transcribed, so that he might prepare
himself for the crOSS-eXamlUatlOu,
The request was denied by Judge Hunt,
who remarked that the time until adjourn
ment might be taken up in the cross-examl-
nation, ii there was to be any.
ON CRoss-EXAMINATIoN.
After consultation with his client and his
associate counsel, Mr.. DanRerfield asked
some questions on cross-examination. which
elected answers substantially as follows:
"The blanks used as vouchers for amounts
claimed by the compositors are filled up by
the foreman. and are furnished by the bust
ness department. White was in charge of
the hnsineSs denarimrnt under Mr. Picker