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 II. ]. Palmer. fol
embezzlement, was resumed yesterday
afternoon before Justice Devine. Grove l.
Johnson and F. S. Sprague. counsel fol-
Palmer, each took the stand and testified
to conversations with J. w. PhIeger rela.
tive to the time and place at which be
turned over to Palmer the proceeds Of the
sale of the thirteen head of horses and
mules from the Fair ranch in YoIo county.
Both testified that Phleger could not state
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 a 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 Cor 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.
II Il I'll -. ~ d.
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 Fslkenburg
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 bis 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 to the
Senator. Witness Indignantly denied that
L
TO defrsud Senator Fair.
On cross. examination Neal testified that
he resigned his position with Fair because
he had been upjustly 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 he 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 of the ranch at the time, witness was
not aware of the fact. He had kept e
memorandum of the count of the animals,
but the exact figures were taken down in
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 off the items by the
vouchers. He denied having ever passed
any vouchers sent by Palmer that he 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 al the latter's
ho rom ofr1lN NIT
gratitude.
Mr.. Jones then asked him if he did not
entertain hard feelings against Senator Fair,
and in his reply Mr.. Neal evidently made
deep impression Oh 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 wss 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, y
be said, will, think, some day learn his
mistake" He had many things to thank
the Senator for; and, while he (witness)
had always done his full duty toward his
employer, he was assured that he had been
treated by the latter with greater eonsidera-
ton than anybody else in his employ had
enioyed. He had not offered to 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 he
felt that he could not, in justice
to his own sense of dignity, remain in the
Senator's employ while resting under sus-
picioD, 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 Fair
had testified that he (Falkenbnrg) was not
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, but
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 no
desire to argue the case, but Mr.. Jones, for
| the prosecution, made brief argument, at
the conclusion of which the case was SUBJ
| mitted to Justice Devine, who took il
under advisement until this morning.