Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-05-22
The Testim ony All Argument to Be-
gin To-Day.


The Testimo ny All In Argument to Be-
gin To-Day.
SAN FRANCISCO, May 2lst.-John ]. But.
Ter was recalled to the witness stand for
cross-examinatiop by the prosecution. He
testified he keeps book store on Eighth
street. Took the store on the 25th of last
October. Go. the means to fit up the store
from friends, principally from Mr. Dalton.
Lett the employ of Bancroft & Co. because
they had NO more work for me. Was re.
porter on the Examiner from January, 1889.
until April 10Th. Have been sick for three
years and did little work First met Gar
ness in Baucroft's. Our departments were
wholly different. In 1886 Garness told me
that my wife owned the property where
her aunt had died. We were intimate from
that time On. To the best of my belief did
not repeat my conversations with Garness
until after his death, to mention his name.
Did not inform Mr.. Arnold of the facts be-
cause did not consider it any of my bust
ness to do SO. Did not want to have any,
thing TO do with it. Garness said he would
do it. Had reason to think he would do
so. | thought If ne could use me he would
not drop it. After our conversation in the
Palace Hotel / told him there were thou
sand reporters in the city who could dothe
work better than | could. He replied he
knew that but they would not divide the
Doodle. [Laughter.] My wife got me into
this. a week or two after the occurrence
met Mr. Peuigrew and told him the details
OF my conversations with Garness,
and asked him not to tell any
body. Told him that Garness wanted
me to go into the scheme. There were
lot of people around town who knew | was
acquainted with Garness and they would
pump me. Told some of them about the
the matter, but mentioned Arnolds name
only. The fret time Garness came 20 me
was when be asked me to put that little
piece in the Chronicle l had borrowed
money from him and he held my note.
was informed that the note had been paid.
did not pay it. Mr. Sullivan told me he
had paid his note. and Mr.. Brown said he
had paid his. l know that Garness was
very familiar with some of the reporters of
the Examiner. When we went to that Of
nee we remained five or ten minutes Be-
came somewhat suspicious of Garness at
last. Thought he was acting strangely.
Did not tell any parties on the Examiner or
Chronicle what part Garness was attempting
TO get me to play. l did not want to be
mixed up in the dirty affair. Never met
Garness after our conversation in the Pal.
ace Hotel by appointment. Every time l
met him after that ne promised to drop the
matter. When we met in the Palace l
thought it was his purpose to drop the mat
ter: Since May year ago. have been
living by aid OF numerous friends. Am at
present Deputy Assessor. Mr.. Sullivan
promised to aid me in obtaining the an.
pointment. Did not give detective Curtin
signature purporting to be that of Gar.
ness, nor any other of his writing Only
one other person except Curtin came to
me to ascertain what | knew about this
Mob * g
Garness.
Redirect-She came to me some time af-
ter the occurrence. She asked me if | was
under pecuniary obligation to Garness.
Told her | was informed my notes had
been paid. She asked me what | thought
about the case. Told her did not want to
be pumped. Heard Garness say at the last
meeting we had, corner of Geary and Lar.
kin streets, that he would have Arnod's
wife, his money or his life. He asked me
to take drink. Went into saloon, and
he brought up the subject, and asked me if
l had given up the Colusa matter. | re-
piled that had given him my final reply,
as it was low, mean matter. He then
said, Il will go it alone, and have his
money, wife or life | replied, You are
drunk or crazy" Told him that all the
water in the bay could not wash his hands
clean. He referred TO my wife as being a
sole trader. / told him it was lie Knew
that Captain Curtin had been employed by
the defendant in this case. After | had
talked with Curtin l saw attorney Spencer
and told him what l have related here
DR.. J. w. Keeney, Health Officer, called
Examined Thomas B. Upton at his resi-
dence yesterday. He was in bed, having
had an attack OF fever. His condition is
good, but he is not able TO come into Court.
Mr.. Delmas stated that he held IN his
hand a deposition of Thomas B. Upton,
taken at his sick bed yesterday, which he
proposed to read to the jury.
The prosecution objected to the reading
of the deposition. on the ground that the
witness was not in condition to give evil
dence
Judge Murphy oyerruled the objection
and j. n. E. Wilson then proceeded to read
the testimony.
Noon recess of the Court.
AFTERNOON SESSION.
afternoon Mr.. Delmas announced, THE
mony in rebutIal was then offered and
then Mr. Delmas said: I'VE will submit
the case to the Jury without argument
The prosecution preferred to argue, and
the Court thought two hours on each side
enough time. 1t was finally decided that
the argument should begin at 10 o'clock to-
adjourned.
c. B. Darwin will open The argument at
that hour.
sULLIVAN-JAt KSON.