The morning call., 1891-01-08
SUIT AGAINST KERR.
John White Refuses to Answer
Any Questions.
The Suit to Recover Moneys Not Accounted
For by the Ex-Cashier of The Call to Be
Submitted to the Jury To-Day.

TIC ildu lOOhNN az ll4C Oolh pdSS-UOOh anu
found the interest was charged in a state
ment made by Donohoe, Kelly & Co.
A number of original financial monthly
statements of The CALL were shown the
witness, and he acknowledged that they
were written by him from January y, 1886.
TO January l., 1889. He also said he pre-
pared other statements running back to
March IS. 1882 1t was a part Of his duty to
pay salaries. He also paid dividends to the
proprietors in checks, but did not sign them.
AS part of his work in the Office lie made
out some of the weekly statements.
You say it was a part Of your duty to
receive money; what did you do with it?'
asked Nj. CIothers, counsel for the plain
tiff.
81 put the money in the safes
Did you compare the tags with the
cash?"
Il did"
Did you compare the slips from the
counter drawer with the money!"
Yes, sir
What was done with the tags found in
the safe by the party having charge Of the
cash?"
John White had charge of the cash. 1
don't know what he did with all his tags
after they were put in the SAFE
~ Gu testified yesterday that you often
went on racing circuit. Who attended to
your duties while yOu were gomez"
White and various clerks in the office"
WAS the keeping of the account open to
the 18th. testified TO by you in your eXamina-
ton in Chief, detrimental TO yOu%
NO; il had nothing TO do with this case"
Were any receipts in any of the books,
as charged as received by you, not re-
ceived?"
After an objection, which was overruled,
the witness lodged the question and an
swered Indirectly that there we're no charges
against him in The counter-boOk.
Did you loan money OF The CALL Pub
fishing Company to parties outside the
Otfice?
No. sir"
a FooT-RACER's NOTE.
Did you loan NJ. K. kiltleman $1,000 on
January 10, 1884, and receive this note from
him?'
The note was handed Kerr, and he ex.
plaintd that no money had been paid to
hltteman, who was a fO0t-racer. The
Splinter gave Kerr the note as a guarantee
he would not throw him down" or LOB
him."
TO Captain Lees you said loss of the
Breeder and Sportsman had been paid out
OF { ALL money, did you not?"
Il said | presumed that White had paid
portion of the money out OF what he had
Oyerdrawn from The CALL"
Did you pay out large sums OF THE
CALL Company's money to parties not en-
Titled to it?'
No, not CALL money"
Whose money was %
My own
The counsel for the plaintiff then produced
Yoluminous roll of letters and offered to
introduce them in evidence. Tie witness
recognized them as letters received by him
while lie was employed in THE CALL. Most
OF these epistles were from women and read
something Ike TINS; MY dearly beloved,
write to ask you for SO" Another requested
the loan of $50.
Crothers.
We object shouted Attorneys Mem
erney and DaDgerfeld in chorus. and the
Court excluded ali the letters, ruling that
they mad no particular bearing on the case.
a bundle OF statements were next shown
10 the witness and he was asked to state in
whose handwriting they were.
" hey are all in my handwriting" he an
sweTed - hey are memorandum OF money |
| paid out during the course of the day."
" gu say you knew of deficit; why did
you not tell the proprietors of the paper?"
% The reason l did not tell of the deficit
was because l was very friendly with
White. did not like 10 be an informer, and
l thought " hite had property enough to pay
back all he mad taken. The safe was open.
and the proprietOrs could have looked over
the accounts, but they did not. l did not
know how much money White had over
drawn. l had oyerdrawn myself by permits
sion Of White"
i" / presume you did not object, he having
CYerd rawn over Sl9,000?"
! knew he had property and thought he
could make good his overdrafts."
WAS he oveTdrawn $3.50 when you left?''
50 did not know the amount then"
" Did not Mr.. Pickering converse with
you about the finances of the paper?"
SALARIES AND DISBURSEMENTS.
Only once as 10 salaries aud once in ref
erpnce to looking over the disbursements"
Kerr went on 10 assert that it was not
possible to say that any one in particular
was book-keeper of THE CALL office He
denied at the Interview with Captain Lees
he had said lie was boOk-keeper. He made
entries in certain books and acted more as a
paying teller As to his $3.50 oyerdraft of
salary, he did not tell Captain Lees that he
pail it back when he left the paper. He
meant that when he left be did not owe tue
paper a dollar.
After an hours recess, the defendants
counsel began treSoMe redirect eXamina-
ton. Attorney McEnerney started off with
a spread-eagle speech, in which he said there
were many items OF cash in the deficiency
that Kerr had not received, including S312J
from the railroad company. He was inter
Iupted by the Court, who said it would be
llLt tuUuBl 10 dtuttSS lle Jury WHEN the
evidence was all In. Judge Hunt said that
Expert FItz George might be recalled.
In answer to further croSs-quesii0ns Kerr
said that all Of Whites tags were placed in
the safe as cash.
did you include Whites overdraft in
your financial statements {" asked one oil
the jurors.
Il did not There was no space set aside
for entering overdrafts of employees"
This closed kerr's testimony, and other
witnesses were called by the defense. ID. Z.
MahOuey, who was employed as a collector
for 1HE CALL for five years, depOsed that
his collections were placed in tin box and
turned over to White or Kerr. He had often
seen Kerr open the box Kerr was often
absent from the office.
Foreman Hinchiiffe Of the press-rooms
testified that lie had been employed by The
CALL for thirteen years. He had seen
White take money out of the front drawer.
White would tell the clerk to put tag in
the drawer.
There was slight commotion when the
name of John White was called. The owner
Of that name stroked his beard nervously as
he stepped to the witness-stand and was
sworn.
Were you ever employed on The
CALF asked Mr.. McEnerney.
Yes, sir"
In what capacty?"
believing an answer would tend 10 sub
Ject me to punishment for felony, | decline
10 answer"
WHITE DECLINES.
DO you decline TO answer any questions
in reference to The CALL Company for the
same reasonS?"
II do"
Yes" said Attorney c. B. Darwin. .'he
declines to answer any questions under Sec
ton"
Who do you representa-" interrupted
Mr. McEnerney.
Il am Mr. Whites attorney" said Mr..
Darwin, in another court where criminal
charges are pending against him."
80 White quickly left the witness-stand
ana the courtroom.
james ii. Page, an expert accountant,
was called and handed a number of books
TO examine. A long hypothetical question
was objected TO and the objection sustained
Oh the ground that it was not claimed that
the books showed on their face who took
THE CALL moneys.
Francis = Kerr testified that tho Anolo