The morning call., 1891-12-03
WHITES DEFENSE.
The Story That He Told on the
Witness.Staud Yesterday.
He Admits That He Helped Himself to The
Calls Money and Was Careless In Not
Keeping an Account

The taking Of testimony for the defense
OF John White, charged with having embez-
lied So, coo from the San Francisco Call
Company, was commenced In Department
11of the Superior Court yesterday morning.
Attorney Darwin first called as a witness
john j. O'Brien, who testified that lie was
dry-goods merchant and had lived here
twenty-four years He had known the de-
PENDANT fully twenty years.
do Won know his reputation for truth.
honesty and integrity before the beginning
of this actjon?" asked Mr. Darwin.
u had a high opinion of his honesty and
integrity. 1 never heard any damaging re-
ports about him and always heard him
well spoken Of
Have You ever heard his reputation for
truth. honesty and Integrity dscussed?"
asked Assistant District Attorney Hinkle.
Before this matter, yes, He was men,
toned as an honest man."
J. J. Hutchinson depoSed that he had
lived in this city off and on since 40 and
that he was a collector for THE CALL.
The defendants general reputation prior to
the prosecution seemed to be good, and the
witness was of the opinion the public
thought well OF him.
c. Curtin, dry-goods merchant. testified
that he had lived here little over thirty
one years. Il knew the defendant for the
last eighteen or twenty years." continued
Mr. Curtin. ''as l advertised during that
time in The CALL"
"Do you know his general reputation for
honesty and ntegrty?'
II never heard anything against him prior
to this case"
Mr.. Darwin said he had dozen witnesses
who would testify the same as those already
heard.
The list Of the witnesses subpenaed being
read. Mr. Hnkle said be would admit that
If present. they would testify the same as
those heard.
WHITE on THE STAND.
Defendant John White took the stand and
testified that he had lived here since Octo-
her, 1919, and is as years old. 81 entered the
employ of HE CALL November :, 1859"
he continued, land was employed by the
Bulletin for seven years previous, My du-
ties were those of business manager and
general superintendent of the business in
all its departments. When | first went into
the service Of The CALL il was for the pur-
pose of representing MeSsrs. Pickering,
Fitch and SlmontOn, who owned a three
fourths' interest p. 3. Foster had quar-
ter Interest and Messrs. Fitch, Pickering
and SimOnton had an option to purchase it.
| went in as assistant business manager,
but the gentlemen named were not satisfied
with MI Fosters management and L was
Can you draw diagram Of THE CALI.
business Office ?'
Yes SIR" and in a few minutes the witness.
drew diagram upon The black board which he
explained 10 detail. Continuing lis testimony,
lie said that for the front counter there were
never less than two clerks and two advertising
clerks. There were also two advertising col
leciors, head canvasser half dozen can
Vassers, and four solicitors, who all made free
use Of tie back room where The safe and cashiers
desk we're situated.
TIE defendant was then asked TO ana be gave
detailed account OF the dulles OF the several
clerks In tie business Office, and also detailed
how they turned over TO the cashier, when lie
was there, mcuey collected during the day. aud
10" they placed II ia certain drawers when lie
was absent.
He suited further that it was the duty OF the
cashier TO ceive the several amounts and put
them IN the sale.
James F. Kerr was cashier up to June, 1899.
After that Il was pafI OF nv duty 10 handle
Tie CasL-boOE. except 10 make a copy of 1t in tue
day boo. Occasionally. when IN 4 hurry. |
would make an entity 10 lie cash-bOOk.
sometimes would enter up the books before
lie lEth OF the month 10 make the monthly
statements. When the l2th OF tie month came
AROUND Il might be found tia; the receipts were
short Uf The disbursements. When such was the
case Il certain rortion Of tile page was left blank
10 enter, at a subsequent time. amounts due but
mol PAID until the 25lh OF 9th OF The month.
Nheu tie money was paid 1t was entered up as
II paid on the 18th Of the month"
lhe witness said that he sometimes made such
entries and that shis was done TO force balance.
Attorney Darwin spoke Of this as Swelling
process and wanted TO know WHY II was done
Tie defendant said the real purpose was to de
cave The heirs OF tie Simonton estate ana TO
give them no iauI TO hEd with Nh. Plckerings
trusieeship.
MAKING ENTRIES.
HE defendant told how he made these entries
and claimed that they made by order OF
MI. PcEefing, but before he finished on that
line OF his evidence he said thai none of these
entries were Of sums not received. He said that
the money IN every instance was money that was
due but was not paid on the 18TH and being due
Al that lime was entered As OF that date
he defendant was then asked TO find a
j MIR
Hukle interpOsed au objection to This class Of
evidence on the ground that il was immaterial
tn this That admitting that some one else had
Oid-red tie defendant TO do a wrong il did not
eXcuipate Him IN HE dong OF that wrong, and
further IL had no bearing Oh the mater OF hay
ing Appropriated money received by him anu not
accounted for.
The objection was sustained.
Inc d.lendant Ihen went on to cite Instances
oi money having been entered w as paid on he
u b Of Tie month when Ia fact the payment had
nos been made tor some time after
Upon TIE objection OF Dir. Hukle the Court
SAID lfat testimony OF such entries was inad-
missile, ana that les lmony would only be ad.
nj ted a. TO entries, If There were any such OF
SUMS where no money had been received.
Tie fepdsut said lie knew OF but one IN
stance and that was IN The case Of L. g. Thomas
on May - 1889.
Mr. Hnke objected 10 any Testimony on that
point, rs u autedaIed the time that the defend.
dant had charge Of the books, and after some
Argument the court decided 10 allow the de-
lie said tnat he found under date OF May Q
1852; Thomas refunded nine weeks, S315."
Iudt Is put down. SAID White, las a recent
Of that DAY. Ihomas was solicitor became
sick and was paid his wages during the nine
weeks lie remained away. Mr.. Pickering OBJ
1ected To this payment OF salary TO Thomas and
oldefed tiiat lie pay back The S315 at the rate OF
50 wees. Thomas leit before all the money
was paid"
ATTORNEY DARwIN's QUESTIONS.
Attorney Darwin asked for an Instance where
monthly statement had been held back fol
over a month Tor the purpose OF filling in with
DIS subsequently PAID.
MIR Hinkle objected. because man could not
defend himself against u charge of empezze-
ment by swearing thai some one ordered him to
make u false entry.
The objection was sustained on the ground
that the question was too Indefinite as to time
Darwin repeated The questions making The
time 10 TWO aud three months, but these were
also objected 10 and ruled out.
Judge Trout said lie would permit the defend.
AM 10 ttSt1y 10 any moneys having been re-
ceiYsd after he left the ONCE, but which he
eli cred while still cashier.
Darwin declined 10 ask this question until he
consulted privately with White. He SAID his OBJ
lecl was 10 show that The defendant could not
De pound by the DOCKS, because they, he
elaimed, WEI t false.
Mr. Hiukie contended that even If such were
tile TACT 1t was no defense TO the charge OF en-
beZZiemeut.
Then White returned to the entries in his day.
book. lie said that lie found that he mad entered
liens on January u, 1890; November ON
October l2th. September 18Th July 18th and
money received after the 18Th. lie aIso sad
that clerks at the counters had often paid out
money during his absence and recorded the
amounts on Tags which W re eutered I'D as cash
n recess was then taken until O'clock in The
afternoon. " "
When court reconyened White resumed his
testimony. 49,
What Is meant by diyldends?" asked Mr..
Dividends means the excess Of recelpts over
disbursements. he cashier made out stale
mehts ol dividends. When first went into The
CALL once NE paper vas losing money Soon
alter MAT We paid dividends and up TO lie lime
Inc Examiner started a daily S624 600 was
pal OUT ID dividends. An increase IN tie size
ma
- MIR. HINKLE OBJECTS.
MI Hinkie objected, as the evidence was i'm
material and he asked that The defeuss be con
lined 10 The law and the evidence In the case
Mr. Darwin said lie proposed to shov iba
TIE CALL Lad lost money in the course Of pusi
ness. " '
In substance the Court ruled that THE C.rr,s
business losses had nothing 10 do Will tbp
charge OF enbeZZlemeDt against the defendant
u l..l.I -c.Ih Liz.