The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-01-06
KERR'S REGULATIONS.
Important Testimony Presented
Against Him.
cantain Lees Tells of Peculiar Transactions Oh
the Part of John White and j. + Kerr
A Shortage Confessed.

Cantain Lees Tells of Peculiar TRANSACTIONS oi
tho Part of John White and ]. P. Kerr.
Shortage Confessed.
dditional testimony OF an interesting na. o,'',
was taken Yesterday during the lilal VI INC sun
of Ernest c. Stock against James /. heir ~ ie-
cover $50, 900 on an assigned claim OF lHE OALL
pm blisbipg Company. When tle irlai was re-
srmed before Judge Hunt and the jury yester-
dav morning Thomas T. Boyle was recalled as q
witness for the plaintiff. He testihed tnat '"o
defendant was formerly cashier OF he ,, N1ra
company and that The paper banked 10 10 re-
with Donohoe, Kelly & Co. Ae,oad n honk
Nious ins,l w ionS s,ctemenls. He was asked
70 oxon,ine the accounts from Maicn q 1000, "
Nav r 1889, and 10 s'ato VIM ~, H. H. H.
n.ty,iiipe OF Kerr. He sald lhey were ali Ill INC
,,,,rtripg of Kerr. except Tor Two months
la mat these were written by clerk in Tie
ONCE
These statements were offered In evidence. An
objection was taken by Mr. McEuerny OF coun.
sci for lie defense, but the objection was over
ruled.
'In reference to the disbursements in the
statements are they all for moneys paid or are
they partly for estimated expenditures" asked
Mr.. CIoibers.
"The disbursements in the statements are main
ly actual disbursements, but part, for example
for parer used, Is estimated, not paid"
The witness gave list OF expenditures. segIe
eating the amounts paid III cash from those
by check or money orders.
LAS to those items paid by check, who signed
the checker was asked.
''Mr. Pickering or Mr.. Fitch"
Asked what was done with The checks after
MIR. Pickering or Mr.. Fitch Lad signed them Mr..
Boyle said they were deposited IN bank, and for
payments In The East Eastern exchange was
| bought. He had often taken these checks TO lie
| bank and got them exchanged at the request oil
CHECKS IN EVIDENCE.
The checks were filed in evidence, and the Wit
ness was asked: state whether you Know the
nniiIlon OF the CALL account on June 8, 1889"
II found an oYeldraft OF the bank OF Sl5,-
329 6l."
please state how that oveidraft was made"
Those bank checks were oyeGdrawn. De-
fendant did not deposit enough money in Dono-
hoe, Kelly x Co.'S bank 10 meet them
A small. Ied-covered book that had been kept
by lie defendant was handed the witness and he
was asked what was meant 10y the Initials "h"
and w"
Kerr and White" was tie prompt answer.
"Whal Is The meaning Of The word SIMPSON,"
81 suppose II means The simpson WHO was III
partnership Win The defendant In weekly
IaTer called IDe Breeder aud Sportsman"
In lie absence Of lie defendant tom tie
CftiCe would any one besides White DO work Tor
bln?"
Yes; various clerks assisted him or wrote at
his direction. Kerr made entries from The
coun er-bOok into the ayDook. and checked oil
the accounts day by day"
Tire ca>lrloOk was tIfeie in evidence, but IL
was Tued unnt cessaIy, as the statements, TO-
gether with The day-book, fully covered the
ground.
Continuing, tie witness said lie had examined
all Tie books fiCm June, 1878, 10 June, ] ISL.
They we're in tie handwriting Of Kerr White
and several clerks IN The Office. In The cash
book lie last entries IN the defendants hand
writing were made on November y, 1882.
An objection TO going back 10 a period of eight
years ago was opposed by MI. Belcher OF counsel
Tor the lalnlllf, who claimed they had right to
go over ali lie accounts Of the defendant while
lie was employed on The CALL. Kerr had acted
as Trustee OF funds, and Mr.. Helcber argued
thai 1t was proper Tor HIM 10 make an account
Ing up TO the time lie left the paper.
The objection was sustained and an exception
taken,
BOYLE's CROSS EXAMINATIoN.
During his cross examination Mr.. Boyle denied
that monthly statements were sometimes kept
over several days, AT lie suggestion CT Mr..
W Inte for the purpose ~ making a better show
ing MI " hite had often placed Tags III tile cash
drawer. Willie had Il duplicate key 10 the safe.
Expert fltZ George was recalled and said he
mad examined The day book for TWO years pre-
ceding the action. Tie excess OF the receipts
over the disbursements amounted 10 S43 2S2.
During these TWO years The account Of The CALL
examined the daybOdk and Knew that the defend.
ant had credited himself With tie checks creating
| the oyeldraft; For the oyeidralt the amount
ending May u, 1859. lie amour, OF money de-
amount drawn out Sl35.152 40.
| Other questions III reference 10 tile books dur
Ing period longer Than two years before the
! commencement OF The suit were directed 10 and
| recess was taken until O'Clock ~ the after
TO present autIorfIies 10 Sustain bis Claim tiiat
defendant was uustee and such that The
statute OF limitations did not run IN his favor.
AT that hour Mi. B-lcher made a brief argu-
ment 10 support OF lhe contention that he had a
right 10 go back over The books during the period
Tue defendant was employed Ivy The CALL. He
said that In action 10 recover ior goods sold and
delivered he had right 10 70 back i've yeats
Under any circumstances lie claimed the right 10
! make proof.
Mr.. NlcEnerny said that II it appeared the tes
timOny was barred by the Statute of limitailuns
| IL was not admissible.
Judge Hunt finally decided the matter by say
ing; mad better reserve that poiut until the
equitable action and think We had better near
All Tue testimony. Will make the proper state.
! ment In my charge to the jury"
SO lie question was temporarily disposed Of
JOIN FITZPATRICK was recalled ana Identified Ger
| TAIN pass-buoks on Douohoe, Kelly & Co.'s
Bang. lie said the entries In lie books were
| correct.
CAPTAIN LEES TEsTIF1Es.
An important witness for the plaintiff was next
considerable interesting testimony In reference
| 10 an interview with the defendant
state what occurred" said Mr.. Crothers.
relative 10 any Indebtedness on tie part of the
| uelenddnt 10 lHE CALL Company"
80. was present at The Interview" said
| pElelots. Kerr preferred to have Mr.. Pickering
| present, ana lie was sent for. A series of cues
| lions had been formulated for me to ask X err /
| read these questions from a document The
main points III the Interview were in reference to
the shortage shown by The CALLS books. |
sialed 10 Kerr that the books showed a shortage
Oh s40,OOo Kerr said lie Lad no idea the short
aye was so much. He thought 1t was SI2 900 or
| Sl5OOO, as White had SAID 1t could not be so
| heavy. Then Kerr asked, Did White saw so , !
| MI Pickering said that White had made a writ
zen statement OF the amount. l told Kerr he
ought TO have known of the shortage lie being
Cashier and bOOk-keeper. Kerr then denied be-
ins cashier, saying lie was only employed 10
| Keep the books.
8 showed him that bis own books disclosed a
| shortage Of $4,000 and $4,000 In the paper
account and over $500 for Ink. Kerr denied hay
| ne Qld not inform Mr. Pickering that White was
taxing bis money lie SAID White was a friend on
us. nhen showed him a red book lie said
IL was H'ieu win enlri~s from Whites tag
account. do not remember The exact amount
VI These tags: | think one was for $1,000, an.
other Tor Sl5S5. and a third for $1,000 Then
asked him II lie had ever shown tie book In Mr.
rlckeflhg ana II lie kept u private account for
While. de stated lie had permitted White TO
uIaw Sioo 10 pay his board. lie had already
pala $50 salary to White. l asked him wny he
mad permitted White to overdraw his account
anu he hade The usual reply that White was his
| friend ! asked him If there was SHORTAGE ana
nc s",u yes, small one Kerr was asked about
denisd iuce,hofse that lie had bought and he
NIL thdl white had any interest In The ami
SSial. IN CONVEX aiion about TIL. Breeder ana
1pO.isihan Kerr said lie was the owner of the
lien we nc sald lie bought out j. Z. Simpson and
ha Ia !" Iite, laying the latter $500 asked IN
tIans u V0usne pools and had engaged in stock
ia tansaettons tor White He said D. mad do"e an
| iot himself and not for White AN u'lo 81
| ~ ash ed Kerr II lie did not lake $500 from IN.
SAFE ana bet ii on OCunnor IN a roWtn, .U' te
nc uehled u. lie also denied having 1ost money a
H. game OF stud-horse poker at the Russ
| KERR's ADMISSION.
" Did Kerr say where he got the money he had
| CrOthers "'Aea Mr.
| herr SAID he had given several notes TO Mr.
Holusnlth aud others. He stated that White Ind
taken Tie money lost from LIE CAII pnilinh