Los Angeles herald., 1891-02-19
BAD FOR, DAMR0N.
STRONG TESTIMONY GIVEN YES
TERDAY AGAINST THE PENMAN.
Ex-SJonstable Smith Tells the Story of the
Capture Chadwick's Story Damron
Asked Him to 90 Away at the Previous
Trial.

The trial OF the Damron case was re-
sumed before Judge Smith and jury OF
representative citizens yesterday morn
ing in department one of the superior
court, and occupied their attention all
day.
The first witness called was G. Worth.
and the prosecution introduced evidence
to show that Danaron had forged the
name OF Hervey Lindley to a note pay
able to the witness, which, however, was
not paid. The defense naturally raised a
very vigorous objection to this method
of procedure, and used every effort to
exclude all reference to any forgery but
the one alleged in the complaint. The
court, however, ruled that all testimony
OF this kind, introduced to prove the
felonious intent of the defendant, and
showing that he was in the habit Of
raising money by the issuance of forged
notes, was admissible, The prosecution
at once proceeded to take advantage of
the point it had gained, and brought
out the fact that Damron had forged the
name OF s. NJ. Perry to note for 500.
An attempt was then made to intro
duce the forgery OF +. I. Wrjght's name
to note, but the court ruled this out,
as the transaction was too remote.
City Justice H. @. Austin was exam
ined az to the preliminary proceedings
held in his court at the time of Damron' g
arrest.
w. M. Sheldon, formerly president.
and M. N. Avery, formerly secretary of
the California Loan and Trust company,
were examin ed as to the negotiation Of
the notes, and r. l.. Horton, a young
attorney, related the circumstances Of
his having taken up one of the doubtful
notes for Damron.
After lunch ex-Constable Fred G..
Smith was called to the stand, and tes-
titled as to his capture of Damron, who
was fugitive from justice, in rooms Z
and on the third floor of the Reddick
block, on the corner of First and Broad
way, at s O'Clock on the evening of FRI
day, July 25th last. Damron was per-
mitted to change his clothing, and his
request to be allowed to consult his at
torneys. Messrs. Shinn and Ling, on the
second floor of the building,was granted.
After staying in their Office for about two
hours, he took Damron to the county
Jail and lodged him there.
On cross-examination an attempt was
made to show that Smith was aware of
Damron's hiding-place the day before he
arrested him, and that he had called
upon the fugitive's bondsmen and de-
manded that a reward be offered by
them before he arrested his prisoner.
The witness, however, emphatically de-
MED these insinuations, and also
denied the allegations that he
had ever told f. r. Willis, one
OF the bondsmen, that he would
produce Damron as soon as the reward
was raised to $400, or that he had told
II. II. Appel on Spring street day or
two before the arrest, that he knew
where Damron was in hiding, and could
get him when he wanted to.
r. H. Farquhar testified that he saw
Damron in o room ON the third story of
the Reddick block, in July last, while
the defendant was fugitive from JUS
tice, in the presence of w. G. Lockwood
and Mrs. Foster. At Damron's request
he had not said anything about what he
had seen at the time.
DIR. Walter Lindley was then called,
and on being shown a note for $3.50,
dated April "a, 1890, and bearing his
signature, he stated that he had not
signed it, nor had he authorized Dam
ron, or any other person, to use his sig
nature.
Edgar Moore, the expert accountant,
and Frank B. Tanning, a deputy county
clerk, were examined as experts on the
signature affixed to the note in question
and both, after very careful compari
son, pronounced the signature on then
dated June 9th, as having been writ
ten by the same person who signed
Hervey Lindley's name to that of June
11th, which Damron admits. Both were
also of the opinion that the same per-
son wrote the signature of DR.. Walter
Lindley to third note.
Both witnesses we're subjected to
severe cross-exam.nation touching their
qualifications to testify as experts on
handwriting, and number of tests
were applied to shake their testimony.
The next witness called was j. s.
Chadwick, who promptly responded to
his name, aud threading his way through
the crowd, was sworn and took his seat
upon the stand. He testified in effect
that on April 21st last, Damron came
to him and said he wanted to borrow
money on personal security. Among
half dozen names he mentioned, were
those 1of A.i.H. Dunlap and Walter
Lindley, both of which the witness
said he would accept. Damron then
went away, but returned shortly alter
wards with note for $3.50, bearing the
signatures of both gentlemen. The
witness then got the money FROM Mrs.
Emma Hunter and paid it over to Dam
ron, after deducting his commission,
ten per cent. On April oath a similar
transaction took place. Damron receiv-
ing $1S0, less ten per cent. commission,
from the witness on note in favor of
Mrs. Hunter, and purporting to be
signed by Dunlap and DIR. Lindley.
IL Damron had been arrested in July
lat, the witness had conversation
with him on the subject of the note for
$3.50, which had been deposited as col
lateral security at the Los Angeles Ma
tional bank. The witness then asked
Damron if it was all right, pointing out
the consequences which must ensue if
the bank found out it was fraudulent.
Damron said: ''My God, those notes
must be protected and taken mp before
the bank closes. If you will only help
me to raise that money, I'll be your
slave for life." On being asked about
four other notes, Damron declared they
were all right.
On cross-examination. Chadwick said