San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-06-02
THE INVESTIGATION.
Walter Spear Opens His Face.
TELLS WHAT HE KNOwS-MAC
NAMARA'S FOUR ACCOUNTS
THAT WE'RE NOT ON THE
BOOKS.
How They DO Business on the
.. A. p Another Chapter on
the Great Question, "hsw
To Become Rich"


Interest in the Yoakum investiga-
ton is increasing right along and II
tests the power of the court and Mr..
Houston to furnish seating capacity
for the many people who wish to hear
the evidence.
The court room was crowded BY
lawyers and railroad men all eager
about that contract.
Yesterday 1t three O'Clock court
convened and Mr.. w. E. Spear was
put upon the stand by the defence.
In answer to Mr.. DenmAn's enquir.
les hesaid that his position with the
Arkansas Pass was that OF assis tan
cashier, but since the 10th or 18th, of
the last month he had been act
ing cashier, Mr.. Wheeling being
away.
The witness was then asked to
state to the court about certain $3.50
draft q conversation he had with Mr..
Mscnamara. To this the plain tiff
objected, on the ground that It was q
point brought out by the defence in
their cross examine alton of Mr.. Mac.
namara and that they were trying to
contradict their own witness. Mr..
Denman said their purpose In doing
this was to impeach the testimony
of Mr.. Mcnamara That Mr.. Mac.
namara had stated yesterday that he
had no conversation of that character
with Mr.. Spear. We hold that Mr..
Mcnamara was actusted by malice
in making this charge to get Mr.
Yoakum out and propose TO prove il
in part by this witoess.
Judge Fleming overruled the OBJ
lection and In so doing stated that
while it could not come in under
the strict rule of evidence, that 10 q
case like this where master was in
vestigsting. certain charges much
broader limit should be given.
The question was asked again and
answered as follows:
1.-THE paper that you speak of was o
draft drawn by Mr.. Mcnamara
through the San Antonio National
Bank and presented to me by their
collector on May 10TH" Mr.. oakun
gave me Instructions not to pay any
more money on Mr. MacDamars's &C.
count and I sent the collector back
ceiling him that / would call later In
the day and settle 1t. looked for
Mr.. Macnamara, could not find him
and went to Mr. Norton and told him
my trou bles, and the position 1 wa.
in. The collector return ed and as hau
not found Mr.. Mscnamars, 1 semi
him back again. But later on, with
ont fiuding Mr.. Macnamara
I went to the bank and paid the
money. Mr.. Mcnamara came IN
next day and stated to him my awk
ward position. He said that 1t was
all right. remarking at the time thai
shortly our troubles would be at an
end. He made other remarks thate
could not quote exactly, but to the
best of my recollection he said he
thought Mr.. Yoakum's time was
short"
Ibid he say what effect Mr.. Yoa.
kum's removal would have on this
check?"
"He said,I had acted right in the
matter, and that our troubles would
be brief, and MIR. Yoakum's time would
be short.n
In answer to another question about
certain accounts, he stated that there
wers four accounts which we had In
tructions to carry without charging
1--WE were afterward instructed that
they were not to be carried against
him, (Macnsmara), and he would pay
by q voucher. but not to be charged. ~
ITO what railroad supply store was
this items SO paid?"
at was here in San Antonio, James
Burns & Co"
$50 you know who the parties are
that own this store. Is not Mr.. Mac
nsmara interested in il?"
The witness started to say he
thought he was, but Mr.. Newton OBJ.
jected to his thinking, and tho wit
ness answered, 81 do not know, posi-
lively"
On cross examination Mr.. Newton
asked: "How long have you been with
this road?"
"Four years, with the treasury SER
vice two years, and with the station
service two years."
"Where were you in the station ser
vice?n
AT San Antonio, was cashier, and
afterward agent"
"Who was agent while you was
cashier"
"Mr. G. 8. Wheeling"
WAS it not customary to make adj
vsnces on the salaries of the officers
and employer"
"Yes, we have always carried bal.
ances under the head of sundry pay
ments."
"Mr. Polk and other officers have