The morning call., 1891-07-28

Bank. He was going away and he said he
wanted to be relieved of responsibility for
the money. He told me to deliver it to his
brother. w. b. freeman. That gentleman
called on me at Sacramento and l gave him
the release"
What did you give him the release for ?"
Frank Freeman told me to give the re-
lease TO the first man that called for it, and
l did SOL
You don't know what the money was
used for"
No, SIR"
WAS Dan Burns name ever used in con-
nection with the transaction"
No, sir; / am positive about that"
Now can't you tell why Frank Freeman
went clear to San Francisco to give you
release which was deliverable to bearer ?'
No, sir; don't know anything about
You were interested in the passage of
the Glenn County Bil?''
Yes"
Did you ever raise any money to secur G
No, sir; not cent"
How long did you have that release in
your pocket?"
about twenty-four hours [ went to
Sacramento and met Frank Freeman, and he
gave me that release. Then | returned to
San Francisco. and the same dav w. Is.
freeman telegraphed me to come up"
oh, lie Photographed you to come up, did
he? When was that?"
I'm the early part of February. 1t was
long before the final adjournment"
Nv hat did be say in that telegram"
lie told me 10 come to Sacramento and,
believe, told me he would meet ME at the
Western Hotel"
Did he say he wanted the money or to
bring up the releaSe?"
mo, sir; | think not
Now, don't You know that this release
was given to you. transferable to bearer, in
dor r., mt fnaf 4. NJ
kind
In answer to question the witness said
that the message he received had been de-
iyered from the Office of the Postal Tele-
graph Company, whereupOn Mr.. Clunie
asked for an order to the company to pre-
duce the original message in court.
Alter some argument on the subject of
calling for the original message, Judge Wal
lace held that the matter was not material
| and denied Mr. Clunle's motion for an order.
Continuing, Mr.. Wagenheim testified that
since the adjournment OF the Legislature
none of the Doodle Senators had called on
him for any more money.
Questioned by Judge Wallace, the witness
said:
Frank Freeman gave me this release
and told me 10 deliver it to the first man
| that called for it. The first man that called
was his brother, w. b. Freeman. and gave
1t to him. During the twenty-four hours it
was In my possession | would have deliy-
cred it to anybody who called"
Even perfect stranger" asked the
Judge.
Yes, sir anybody"
The witness once more stated that he did
not know what The money was to be used
Tor, and declared that he was unable to say
why the release had been intrusted to hi N.
The witness stepped down, aud there was
silence for few moments. The Judge
cast an Inqulring look at the attorneys in
the case. whereup0n Mr. Clunie iul-
parted the information that it had been i'm
possible to lind Steve Gage and Dick Chute.
he said that the testimony of these ab-
sentees was most material, and that as he
could not proceed without them he asked
for poStp0nement.
The Judge stated that he could not con-
;lnue the case indefinitely, aud refused to
grant any continuance.
Mr.. Campbell was about to address the
Court when DR. Clunie checked him and
said: Considering the ruling of your
Honor, and III view of the fact that it is I'M
possible to 90 on with our case without these
witnesses, L VIII consent to voluntary
nonsuit."
Mr.. Campbell interposed an objection.
saying that his clients have some rights
which ought to be protected.
MIR. Clunie then remarked that he would
| Withdraw the offer if Mr.. Campbell would
allow the case to stand over until he could
secure the attendance of Steve Gage, Dick
Chute and w. Il. Freeman.
This Mr.. Campbell declined to do, where
upon Mr.. Clunie renewed his motion for a
nonsuit.
Mr.. Campbell asked some questions about
the costs.
Judge Wallace granted the motion, and
directed that the costs be entered against
the plaintiff.
MIR. Clunie announced that another action
will be commenced, and as Taylor was leav-
ing the courtroom he remarked "Thp
Senators will get vindication. They will
have their opportunity" Taylor also ex-
hiblted note which is to the effect that
Gage Is in Genoa the guest of l. w Haines