Los Angeles daily herald., 1890-03-21
HE WILL GO FREE.
The Montana Case Nearing
Its End.
HAS THE STATE MADE A CASES
Mr. White Tries to Get the Case Dis
missed without Making Any De-
fense, But Fails in This.

Mr.. ID. j. freshman, Deputy County
Treasurer at the time of the making o.
the warrant, was recalled. He said:
The payment of warrants on the diff
ferent school funds was entered on what
we call the cash blotter. Here witness
was shown an entry of the warrant in
question:. He said: That warrant was
cashed late in the afternoon after bank.
ing hours. have had frequent conver.
eations with Montafio since this matter
came up. He desired me to find out, ii
possible, to whom this warrant was paid,
and by whom. As have answered the
District Attorney upon several occasions,
could not state.
w. w. Seaman was next called. He
testified: l am the County School Su-
perintendent of Los Angeles county. l
held the Office in 1888. 1 never made a
requisiticn upon the Auditor of this
county in June, 1888. for the sum of
$3.50, payable to G. H. Delevan, from
the general school fund. 1 have made a
thorough search of the records of this
county and failed to find such requisi-
ton. Yes, sir, there would be record
in my Office if any such requisition had
been made. keep all acquisitions in q
ledger. have examined 1t thoroughly.
John McCrea, of the Farmers and Mer-
chants Bank, said: was teller in 1888
/ never cashed any warrant on the gen.
ersl school fund for the sum of So $40 in
June, 1888. never saw the warrant.
F. P. Sepulveda testified: I am &C.
quainted with Lauterio and Montaf1o.
remem ber when Lauterio was absent
from the city in 1889. saw Montafio at
that time in the city hall. saw him
once or twice at the house of Frank
Lauterio about July of last year. He
talked with me at that time. He asked
me where Lauterio was. He said he
wanted to see him, and if 1 knew where
he WAS he wanted to speak with him {;
that he had secret with him. The
next day met him again and he asked
me the same questions. He did not tell
me what the secret was. There was
nothing particular in his manner.
never had any other conversations with
him. These conversations took place at
the Office of the City Auditor.
J. B. Binford testified: I was teller in
the Farmers and Merchants Bank in
1888. l don't remember of ever having
seen a warrant drawn on the general
school fund for the sum of SO $40, Ne.
LIP, drawn in favor of G. H. Delevan.
never cashed such a warrant.
Aaron Smith testified: 1 an Deputy
County Auditor.
Odd you ever see this report of the
Treasurer of this county for the month of
June, 1888.
A-This is not the Treasurer's report
1t is merely a copy of the paid or can
celed warrants.
Q-Wbo checked off these warrants?
A. Mr. Blackburn and myself.
Q.-For what purpose did you check
off these warrants?
A.-For the purpose of tracing up lost
or missing warrants.
]. NJ. Elliott testified: 1 am cashier of
the First National Bank. am acquainted
with the defendant. Witness shown a
statement. This is statement of the
moneys deposited and drawn out of our
bank by A. A. Montafio. On July 13,
1888, it shows by this document
that Montana deposited $1,000. 1t
was new account. To the best of my
knowledge and belief this is true &C.
count of transaction between A. A.
Montafio and the First National Bank on
July 13. 1888.
Q-What do you mean by new &C.
count?
A.-Not that he had had no previous
account with the bank. but that this de-
posit was to be a new and special entry
upon our books. It.was in gold. To the
best of my knowledge and belief this
paper is correct transcript of the rec
ords of the books of that date. I have
seen it before, but have not compared it
with the books.
E. T. Wright testified: Am acquainted
with the defendant. On or about July
Is, 1888, sold him two lots. He gave
me 81 900, check for 300 and some
gold. think the check was on the
First National Bank. got the check on
the goth of July. 1t was for 81, $50. 1
had no other transaction with the de-
fendant during that month.
Gross examined-Fully month be-
fore this transaction | accompanied him
to Santa Monica, and he told me that he
expected some money. l believe that
he said that the money he expected was
from the Quimby ranch.
w. R. B!ackman testified: I have
been engaged in the business of expert
accountant for about twenty years. l
have exported considerably on the books
OF county officers. l am acquainted with
the defendant. In 1888 I made an ex-
pert examination Of the County Auditor q
books. l made two, one in December,
1888, at the instigation of the Board of
Supervisors. did not examine the paid
warrants. My clerk discovered the MISS
ing warrant.
District Attorney Kelly testified: 1
am acquainted with the defendant. /
had a conversation with him during the
month of August, last summer. We had
had several conversations in regard to
this warrant. l asked him if he pro-
posed to make the money good. He re.
piled: 81 guess not. l will spend
money to fight the case"
Cross-examined.- have not instituted
proceedings against the bondsmen for the
reason that they had informed one of my
deputies that they would settle the mat
ter. One of my deputies, Mr.. Marble,
told nae that one Of the previous judges
had asked him not to prosecute Montafic
in civil suit for the reason that his
bondsmen would settle.
Q.-Did you not say to Montafio In
that conversation that if he was going to
fight the case you would make it sc
g. d. hot for him that Re would wish
he hadn't?
A.-No, sir; am not in the habit OF
swearing that way. What I did say was
that If he was going to make fight, the
State was ready to maintain its rights.
-. e. Il.