The morning call., 1891-12-05
EIGHT TO -FOUR.
Tie Jury Fails TO Convict White
of Enforcement.
after Conclusive Proof of Guilt Eight Jurors
Vote That white Is Innocent Twas
Bare-Faced Robbery

When the trial of John White, charged
with embeZzlement, was resumed at 10
o'clock yesterday morning White again
took the wituesS-stand and Assistant Pros
ecuting Attorney HinkIe resumed the cross
examination.
"When you turned over these properties
TO the Morning Call Company did you turn
them over as a full restitution or as all In
your ossession :" asked Mr.. Hinkle.
- felt" said White, as he glanced I'M
easily at the jury, 1t was more than
enough to settle all claims against me-
Did you have power to discharge all
clerks or employees of THE CALF"
Mr.. Pickering had that power. l don't
remember of ever directly discharZing a
clerk"
How much time elapsed between the
time you turned over your property until
vuur arrest or Indictment" asked Juror
Bowman.
About FIVE months. l turned over the
last of my property on April 10th and was
indicted on July l1th."
MI Hiukle offered tie slip OF cash-tag
used in turning over tie days receipts in
evidence.
Were those tags attached to the sums?"
asked Nj. Darwin.
They were not attached, but would be
with the money"
Were they regularly lying by the sums
turned over by the cleIkS?'
That was the custom Of the office"
Have you anything more 70 say p
II understood the contract made on Feb
ruary - 1890. was 10 be carried out in good
faith. In March Mr.. Crothers said to me,
Kerr is going to fight US l said: I don't
want Il be mixed up in the matter l have
turned over all oil my property and my
Vile'S property Mr.. GIOthers then said,
IF Kerr will do half as well as You have
done We viii BIZ satisfied.
A JURORS QUESTION.
Juror Bowman asked this question:
Was Mt. Pickering around the Office
every "a day %
Suppose any money was stolen out Of
the safe who would have discovered It?'
Tine cashier should have done so. Mr.
Pickering had the keys Of the safe and all
the banb-books, checks and accounts were
open 10 his inspection"
Mr.. White, is it not 4 fact that on one
occasion when Kerr was absent they had to
cut open the safe in order to get into ii?
asked MI. Hinklr.
NO, sir When we had more money
than the safe would Mold, we placed some
in the Steel-lned vault, Of which Kerr car
red the combination or tumbleC. On one
occasion Kerr was sick, and sent TIE tum-
her by a messenger nOy, who lest II Then
the lOeksmith had 10 explode the lock, as no
one else had the key or combination. Mr..
Pickering never counted the money in the
safe, ard even then he never would have
discovered a loss unless the cashier told
him. The cashier had fall care, custody
and control OF cash until Inc monthly state
beGiS were made out.
Nv as Mr.. Pickering aware that you were
nverJrawIng your account asked Juror
Bowman.
Not that 1 know of The books were
there"
In the suit of L. c. Stock, as assignee Of
THE CALL, against J. Z. Kerr, did you hear
Kerr testify that that red book, the tag
book, was his uwn private memorandum ?"
asked MI Hnklp.
No, sir. Il was regular aceount-book."
- Is there any other book you know Of in
which an account Of what you overdrew
after the red tag book closed was kept
from September -. 1885, TO February -,
IsaD7''
No sir. No account was kept during
that period. and with that answer the tes-
tlIAoHy Of the defendant was finished.
AN UNPLEASANT QUESTION.
Next To De called as a witness for the de-
Tense WAS Hug Wilson, who testified that he
vas member Of the Kern and Tulare Land
Company John White and J. G. Mccall
were the other partners. The contract for
advertising with The CALL was for hal
Tate they we're to charge only half
rate and receive all our Advertising" con-
tinued " llson, gli0!y. An item OF $500
was PAID twice. The bill each time
amounted to something over 5000. The
payment was made in 4 check on the Don
uuOe, Kelly q Co. Baak. where the money
Of the land company was deposited in my
name"
When Mr. Hinkle began the cross-exam-
nation he asked Wilson this unpleasant
question:
Have you ever been convicted of
felony
NO, sir"
Ever tried for perjury in Kern County ?"
~ eS. SIT; but l want to explain. / was
tried for forgery and the jury acquitted me
without leaving their seats"
Defendant rests" said Mr.. Darwin, as
be carefully adjusted his glasses
Counsel for the people introduced some
testimony IN rebutlal.
LUrlng Pickering was recalled and in an
sVer 10 questions testified az follows: 81
never was aware that White was oyerdraw-
ing and never gave him permission to
oyerdraw his salary account | never in.
siructed " hlie 10 force or swell a balance
" hte was very slow IN making statements,
II generally taking him three or four days.
thought then the accounts were kept open
because he was dilatory, but now think
they were kept open to further his OWE
purpose"
VIII you please explain the entries OF
sums after the 18th OF the month and dated
back to the 10Th? ?"
There are always large amounts due the
Office. Carriers are often diIatary in turning
"a collections. Merchants sometimes DELAY
day or two IN paying bills. These sums
being business of the month before they
were entered, they were entered for the
month before when paid"
IN REBUTTAL.
Thomas F. Boyle, cashier of THE CALL
explained the matter of keeping open &C.
counts Of the 18th, and why some were paid
after and dated back to that date. I'VE held
The counter cash-book, 4" said lie, "open upon
Whites Instructions. Generally at the close
OF the 18th White would say, Remember, to.
day IS the 18TH; leave so much space-a page
or half page When carriers would turn
IN 5000 or 5000 III day, White would saw
Put that down on the I2th.' | never could
understand 1t. In all my years experience
III The CALL Office / never saw any state.
ment made by White on the books Kept by
him. Only the frat month after White wa:
discharged the books were kept open Since
the 18th of March, 1890, / never found il
necessary to keep the accounts open. The
receipts are now about the same as when
White was there"
And the profits"
An ObleclIon was made to the question by
Mr. Darwin, and the objection was sus-
tanned.
How about March T. $780," asked Mr.
Darwin.
Yes, the account of that date was held
open"
al whose suggestion ?"
Il was working under Mr. White, as hi
was breaking NE in. In my experience
always objected to keeping the books open. >
That's the case for the people," said Mr.
Hinkle.
Anything further from the defendant
asked the Court
We have been engaged in the trial
longer than expected" said Mr.. Darwin
and M willing to submit the case 10 the
Jury without any argument"
thlak we will argue" Mr.. HinkIe said
ana IN less than half an hour he reviewed
tne testimony introduced to prove the
charge OF embeZzlement.
MR. HINKLE's ARGUMENT.
Gentlemen of the jury" began Mr.
Hinkle, my object in declining the offe,
OF counsel for the defense is because deem
1t advisable to recall what has been shown
IN this case. During the time White was in
THE CALL Office there were two cashiers