Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-02-01
PALMER'S CASE.
THE TESTIMONY CONCLUDED AND THE
CASE SUBMITTED.
No Arguments by the Defense-WItness
Neal Explains His Relations With
Senator Fair.

The examination of 81. ]. Palmer. 70
embezziement, was resumed yesterda,
afternoon before Justice Devine. Grove L
Johnson and F. S. sprague, counsel 70
Palmer, each took the stand and testified
to conversations with J. w. Phleger rela
tive to the time and place at which b.
turned over to Palmer the proceeds Of thu
sale of the thirteen head of horses an(
mules from the Fair ranch in Yolo county
Both testified that Phleger could not stat,
positively that any of the money was paid
in this city, but thought it was.
The chief interest in the afternoons pro
| ceedings centered in the testimony given
by c. S. Neal, Senator Fairs confidential
Secretary for several years. Mr.. Neal testi.
fed that ne was now commission mer-
chant in San Francisco. He said he en-.
| tered Senator Fairs service in 1884, and re.
! signed in December, 1889. He was at the
| Fair (or Reed ranch in Yolo when Palmer
| turned over the management TO W. s.
| Falkenburg, and saw the books there in
which the ranch accounts were kept. The
| live stock on the place was counted in the
presence of Senator Fair, Fslkenburg,
Palmer, Adams and witness, and then the
transfer of the management was made.
Witness was asked TO state some con-
versation that passed that afternoon be-
tween Senator Fair and Palmer, but the
| prosecution held that no foundation had
been laid for the impeachment of Senator
Fairs testimony on that point, so the de-
Tense was permitted to recall the Senator.
| Mr. Hair ao-,foI ALL To1 I.
he was satisfied with the count of horses
and cattle, and did not see how any one
could help being satisfied herewith He
further said that, although Falkenburg
\ was present and assisted in counting the
animals, he was not there in witness
employ, and witness at that time had no
intention Of employing him.
Neal then resumed his testimony. He
was at the Hamilton ranch on the even
ing after the counting Of the stock. Fair
and Palmer sat on bench under tree in
the yard, and witness overheard Palmer
ask the Senator if he was satisfied with the
result, and that the latter replied that he
did not see how he could be more so. Fair
occasionally visited the ranch Monthly
statements were received from Palmer,
and usually they were submitted 10 the
Senator. Witness Indignantly denied that
TO defTsud Senator Fair.
On cross. examination Neal testified that
he resigned his position with Fair because
ne had been uDjustly accused of entering
into collision with Palmer. He told SEN
ator Fair that he had received telegram
from Woodland informing him that Angus,
who had testified in the Clark case for Fair,
had so accused him. He denied having
kept Palmer advised as to Fairs move
ments, as be knew nothing Of the suits
against Palmer until he read of them in
the papers. 1t was at witness suggestion
that the stock on the ranch was counted
The ranch accounts were first gone over,
new books opened, and then the stock was
counted. If any of the horses and mules
were off the ranch at the time, witness was
not aware of the fact. He had kept
memorandum of the count of the animals,
but the exact figures were taken down in a
book by Falkenburg at the time. There
were 226 head of cattle but witness men,
orandum as to the number of horses and
mules was not definite. Some months
after the count Senator Fair did complain
of the result of the count. Neal stated that
he examined the Palmer statements each
month and checked of the items by the
vouchers. He denied having ever passed
any vouchers sent by Palmer that be wit
ness) knew to be incorrect. He had never
in his life passed voucher that he knew
to be incorrect.
Neal was asked by Mr.. Jones if he was
not particularly friendly to Palmer, and
the witness replied that he had every rea-
son TO be: that when he was i'll he spent
some time on the ranch, and was kindly
treated by Mr.. Palmer. and his son had
also received kind treatment at the latter's
de ka f,aral \
gratitude.
Mr.. Jones then asked him if he did not
entertain hard feelings against Senator Fair,
and in his reply Mr.. Neal evidently made a
deep impression on all present as to his
sincerity and candor. In the purest die
ton he went on to state his relations with
Senator Fair. He said that he believed
Mr.. Fair to have been misled, and that the
treatment of himself was the result of
error. He had been long in the Senator S
employ, had been trusted by him, and
could say from his own heart that he had
always been true to him. Senator Fair,
! be said, will, think, some day learn his
mistake He had many things to thank
the Senator for; and, while he (wi.ness)
| bad always done his full duty toward his
employer, he was assured that he had been
| treated by the latter with greater considera-
| ton than anybody else in his employ had
| enjoyed. He had not offered 10 go into
any explanation to the Senator, because
| the latter was peculiar man in some re-
| spects, and would not listen to explana-
| tons. He had never asked him
| (Neal) for any explanation, and be
felt that he could not in justice
/ to his own sense of dignity, remain in the
Senator's employ while resting under sus-
picion, hence his resignation. He enter
tanned, however, no ill-feeling toward Mr..
| Fair, believing that he had been unduly
influenced, and certainly had no such feel
! ing toward him as would influence him
| (Neal) to injure the Senator N person,
property or reputation, if he could. He
would not color his testimony for any man
nor for any purpose.
The defense here rested their case, and
| the prosecution submitted some more testi-
mony in the line of rebuttal. One of their
witnesses (Falkenburg) said there were no
trees in the yard at the Hamilton place
under which any person could sit, and on
cross examination said that if Senator Fail
had testified that he (Falkenburg) was moi
| in his employ when the stock was counted
| he was mistaken.
| Senator Fair was recalled, and testified
| that there was a tree in the yard, under
| which he had sat on other occasions, bui
| had no recollection of sitting there with
Palmer on the evening referred to by Mr.
| Neal.
On the conclusion of the testimony Mr.
Johnson, for the defense, said they had nc
desire to argue the case, but Mr.. Jones. fol
the prosecution, made brief argument, a
| the conclusion of which the case was sub
mitted TO Justice Devine, who took i
| under advisement until this morning.