The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-07-21
FAYLOR'S SUIT BEGUN
Unhappy Legislators Placed Upon
the Rack.
Interesting Testimony Concerning Variou;
Financial Transactions in Sacra-
mento Last Winter.

S. J. Clunie appeared for the plaintiff, the
numerous defendants being represented by
j. C. Campbell and Eugene Deuprey.
After stating the case Attorney Clunie
called L. L. Cromwell, who testified that he
had known d. NJ. Burns for twenty years.
Mr. Clunie asked if ne had met Burns be-
tween January 1st and April 10th.
Mr.. Campbell objected to the testimony
on the ground that it involved matter re-
lating TO an entirely new complaint and not
that originally flied.
The witness said he had met Burns two
or three times for entirely political purposes.
81 went to him first to get him to withdraw
his objection to the appointments Of Drew as
Warden of San Quentin.
BURNS WAS HIS FRIEND.
"On another occasion l went to him 10
discuss the merits or dement's of certain
bills pending. l went to him as I would to
any friend who was informed in political
affairs"
Mr. Campbell objected, because it was
considering Burns as an agent, and the
agency had not been shown.
Mr. Clunie maintained that Burns was
the agent of the political partnership.
Mr.. Deuprey accused the prosecution of
going cut on a bushwhacking expedition TO
see what testimony they can find OF value to
their cause.
The witness continued: ~ did not go to
. Burns and talk insurance business, although
/ remember was the one who first spoke of
insurance | cannot recall what said, but
pointed ont to him that there were many
bills pending which | considered dam
aging to my business He promised TO help
NE all he could. Not a name Of single
member of the Legislature was mentioned.
No promise was mads by me 10 raise any
money for Burns nor did l at any time pay
any money to him for any purpose. The
only money paid toward Sacramento ex-
penseS was q portion of a fee to 5. NJ.
Shortridge, who represented the Pacific In
surance Union in Sacramento. This was
the'Only money raised so far as L know.
] 90 not remember who this money was paid
10. 1t Was paid by check My impression
is it was paid to the general manager of the
Pacific Insurance Union as part of our
assessment"
Mr.. Clunie asked for an order compelling
the witness to examine his check-book, to
see TO whom the money was paid. He said
he expected to show that $4,000 was paid
TO d. NJ. Burns.
Il have no idea," continued the witness,
show much was paid at that time. l know
it was portion-1-44, l believe-of a fee of
about $500 to Mr.. Shortrdge."
HE KNEW THEM ALL. +.
Senator Thomas Maher testified: 81
know Banks, Williams, Welch and other
defendants in this action. l met them con-
tinually in Sacramento. We met in Room
81 at the Capitol Hotel as a San Francisco
delegation / never attended meeting of
Senators at the State House, nor did meet
with the delegation tefOre it was organized.
l used to meet Mr.. Burns often, and met
him in his room twice"
"Doyou remember the special occasions ?"
Yes, sir. l went to him once when he
was sick and another time l went to him
for a >o;itl visit"
WAS Mr.. BrUderick present?"
mo, sir. AT another visit Senator de
Long was present He was the only one
-"Was there ever time when Broderick
was therp?"
II don't recollect any time"
do you remember the time when you,
WEIGH and BrOdeTick were in Burns room
at the Capitol Hotel. and Mr.. Taylor
calleG?'
mo, sir; do not"
"Do You remember talking to Burns,
when WEIGH and Broderick were present,
about electric TailwaYs?"
~ never did"
You never talked with Burns about
electric railwayS?"
Never, sir.
''Were you present at a meeting when
Welch. BrOderck and yourself we're APP
pointed a committee TO consider this Taylor
matter?"
Il was not"
Did you ever call on Burns at the State
Cauit0l?'
Il did. I went to see him once in the
antr-r6om of the library"
WAS WEIGH there?"
He was not"
How many times did you visit Barns at
the libTary?"
Twice. believe"
mot more than twice ?"
Il think not. l called at the library and
one OF the attaches, Mr.. Leek, told me
Burns wanted To see me. We met at one
time to talk over some of the Governors
appointments"
NEVER TALKED RAILROAD MATTERS.
Did you meet Richard Chute at Sacra-
ment0 during the session OF the Legisla-
ture?"
I'd did-once or twice in the lobby"
Did You ever talk over railroad matters
with Mr.. Burns ?"
II never did"
''Did yon ever see Mr.. Crimmins in Sac
ramento?"
Mr.. Campbell objected 10 the fishing ex-
petition.
I'VE wish to show that there was fund
of 100000 raised for railroad purposes" ex-
planned Mr.. Clnnie; that Crimnins was
nrSt selected as custodian of the fund.- after
ward removed and Burns substituted, while
MIR. Chute was the disbursng agent"
The question being allowed by the court,
Maher said be knew CTimmins, and had met
him in Sacramento some time in January
Il recOllect one meeting where Senator g.
II. Williams was not present Crimmins
asked US which one would introduce the
Fire Department Bill, and agreed to. DO
not recollect meeting Crimmins when he had
business for the railroad company"
Did Chute give you and others ticket s
from Sacramento to San Francisco"
Mr.. Clunie said he would show that all
the defendants were given railroad tieketa
by Chute, Burns, or some one else, this be-
ing considered part OF the share of the
partners.
The witness said he paid for his own tic
kets and denied emphatically having ever
received any railroad tickets from any one
at any time
Mr.. Maher denied on cross-examinatfon
any knowledge of any partnership of the
sort referred to in the complaint and said,
moreover. very positively. that he had never
in his life spoken word to the plaintiff,
FaylOr.
Frank Freeman, a commercial traveller for
George Ii. Tay 81 Co, testified to having
seen Burns in the interest OF the Glenn
County Bill, the passage of which he was in
Sacramento to advocate. He tried to get
Burns to use his influence for the bill.
Did YOU have any money in Sacra-
mento?"
- Lots of it for my expenses"
BURNS WOULDN'T TAKE MONEY
" Did you offer Burns any money!"
50 told him l wanted to get that bill
through, and refused to have anything
whatever to do with any money PROPOSE.
ton"
" Did You ever nay out any money in Sac
ramento to urge the passage Of the Glenn
County Dill?"
Clunie said he wonld show that witness
was given check for $4,000 from his
father, who had received it frOCl Mrs. Hugh
j. Glenn, widow Of DIR. Glenn.
The witness was then closely questioned
by both court and counsel ard finally said
he paid some money to W. Z. Gerber.
Nothing was said what this money was
for, however: the matter was not dis
cussed."
WHO is Mr.. Gerter?"
"a banker of Sacramento"
SIS the money in the bank now?"
Il do not know"
How much money did You give Mr.
Gerber?"
Twenty thousand dollars"
''Did you ever give checks against that de-
posit?"
mo. sir; and so far as l know the money
L. L a NIL IL. L