Los Angeles daily herald., 1890-03-15
GEN. BoYCE'S DEFENSE.
He Tells the Story of That
Article and $50.
THE DEFENSE ABOUT ALL IN.
The Case Will Go to the Jury Today
and May Not Be Decided Before
the Sabbath Sun is Up.

editor of the Tribune, again took the
stand to tell what further he knew
about the Savage scandal, and the pay
pent of money to General Boyce to keel
It out of the paper.
The note alleged to have been written
to Savage by Boyce in September was
shown to the witness. 1t read as fol
lows:
"MY DEAR JUDGE-I am very short this
afternoon. Can you send st least $50 in
coin ?"
It was without date or signature. The
witness was asked if that was in the
handwriting of Boyce. The defense ad'
mitted that such was the case. Here
the prosecution turned the ex-city editor
over for cross-examination, in which
these facts substantially we're elected:
''I was directed by Mr.. Boyce to obtain
facts" The defense then attempted to
prove that the witness left the Tribune
Office because. being personal friend oi
the constable of Savage's court, he re.
fused to investigate the story about
Savage.
Objections were made and sustained.
The witness was then asked to again
state how and when he first heard of the
matter.
He said General Boyce came to me
and asked me if | had not heard that
Savage had been frequenting houses of
prostitution where he had contracted a
disease, and that domestic trouble was
pending. l replied that l had heard
numerous remarks to that effect. 1t was
q public rumor that Judge Savage was
compelled to get Judge King to preside
for him, and that Savage spent several
weeks at Santa Monica, unable to attend
to his judicial business owing to sickness
brought on as above stated. l said in
conversation with General Boyce that
Savage was unfit to preside as Judge.
In conversation with Gen. Boyce in
regard to the publication l replied that
this story, as he had detailed it to me,
would not be fit to publish in the Tribune.
He replied Certainly not," that it was
disgraceful thing and should be investi-
gated. The substance of the converse
ton was that Savage was elected as
Township Justice by the Republican
party, and that the Tribune had assisted
materially in putting him in office, and
that Savage should be apprised of the
facts, not only for the benefit of the party
but of the young man himself that he
might amend his ways.
e-direct-When 1 was told to in
vestigate the facts. did so with the
understanding that it was not for pub.
lication, but for Gen. Boyce. l saw
Johnston and told him the substance of
the story. Johnston asked me not to do
anything until he could bring Savage to
the Tribune Office. promised to do so.
and reported to Boyce, who appeared
satisfied with what l had doue.
1t was Gen. Boyce who made the state
ment that Savage was suffering from a
disease and was unable to preside in his
court, and that Judge King WAS sitting
for him. replied that 1 was aware of
the fact; that it was matter of public
notoriety.
Here J. H. Mellette was put on. He
said: I am clerk of Judge Savage's
court.
He was shown purported copy of
letter and check sent to Gen. Boyce by
Judge Savage, dated September 5, 1889.
Witness stated that he had delivered the
original.
The State then requested counsel for
the defendant to produce the original.
Mr.. Fitzgerald denied having the original,
and turning to his client asked him if he
had them.
General Boyce-I have not.
The witness then stated that he was
present when the copy was made; that
it was written by Savage, and that he
took the copy and placed it in his desk
He went to the Tribune Office with the
original and handed the letter to General
Boyce, who tore open the envelope, took
out the check and proceeded to read the
letter. The witness left before he had
finished reading the letter.
The letter was then admitted in evi-
dence, and is as follows:
clos ANGELES, Sept. 5, 1889.
"H. FL. Boyce, Esq:
"DEAR SIR-I am at present very sick,
and laying off at Santa Monica by the
advice of my physician, 30 write to you
instead of calling. l have been since l
saw you last very hard pressed indeed N
financial respects, and, without entering
into reasons or particulars, will simply
say that l never have been so hard up in
my life before. 1 expect things to ease
up shortly, but in the meantime the best
/ can possibly do is to give you small in
etallments from time to time as | can af
ford it, or rather spare it. send you a
check for $25, which makes $75. leaving
a balance of $175. 1 am in hopes of
soon being able to close the whole thing,
as / am very anxious to have it, once for
all, off my hands, and, were it possible,
would make this check large enough to
attain that end. AS it is, the best l can
do is to do the best can. Yours, etc.
"THEoDoRE SAVAGE"
Cross examined Mellette said that
there were two men in the Tribune
Office when he delivered the letter to
General Boyce. He did not know who
they were. He said to Boyce: "Here lie
q letter from Judge Savage" It was on
September 9TH.
Deputy Constable J. A. Johnston-I
had a conversation with o. A. Stevens,
city editor of the Tribune, last August,
just outside of the court room in the
Downey block He came out of the court
room and 1 met him at the door. He
asked witness where Savage was. He
asked what witness knew about some
domestic trouble in Judge Savage's
family. He then asked what he knew
about disease that Judge Savage had
contracted. He then said that he had
been detailed by General Boyce to get
the facts. He left, but soon after he
called through the telephone and said
that ne had got the facts and was going
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