The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-02-22
Trying to Prove What Is
Not Denied,
# AMUSES w. H. II. HART.
The Legislative investigation Com
mittee Examine Witnesses With
No Apparent Object.

Yesterday morning resumed us sessiOn III
the Election commissioners rooms at the
CITY Hall. The transfer was made as a
matter of economy 10 save the cost OF mile
age of the host Of witnesses in this city 1t
was proposed TO examine.
The committee. consisting of MessTs.
Mathews. Mack, Tindall, Kahn and Simp-
son. arrived at the City Hall few minutes
after IL o'clock, and the various parties in
terested strolled in shortly after them. n.
c. Deylin was the attorney for the legisla-
i've committee, or for the prosecution, and
James Budd. Frank Stone and w. Il. L.
Barnes represented the Attorney General.
From the outset it did not seem clear
what the line of action should be. Wit
nesses were called, and blind questions
were put to them in hopes of getting some
thing TO work on. while the attorneys for
The defense sat in their chairs and watched
the proceedings, and appeared to be very
much amused.
Attorney John II. Miller was the first
witness called. He testified to matters that
have already been pu0iis9 In full regard
Ing the suits OF the 5 ate against the bonds
men Of johns Gray, the detailing secretary
Of the State Board Of Harbor Commission
ers. and about the compromise money being
collected and handed over to AttOIney-Gen
ersl Hart.
The legal firm of which Mr.. Miller was a
member put in bin for $1,000 for services
rendered in collecting the money from the
b0ndSmen, and the amount objected was
sI7,S5l "a: He mentioned the different
sums that had Heen collected, with the
-dates when the collections were made, and
the time the money was handed over TO Mi.
Hart. -:
Frank Stone asked the witness If there
was any douba IN his mind when he handed
the money over to the Attorney General as
10 where the money SHOULD so.
The witness replied that it properly be-
longed TO the Hafbor Commission fund.
A NUM- Der Of questions on The same line
followed. 81 hen they were interrupted by
Mr.. MatheYS asking the obiecI Of such in
formation
I'll is the theory Of the Defense" replied
Nj Stone, that there was a great deal of
dispute rs to where the money belonged"
- ~ hat does not interest this committee"
said Mr.. Mathews. I'VE only want to know
if-ths money was received by Mr.. Hart and
ifItwas kept by him for any great length
of time"
j. attorney Devlin remarked that il did not
matter 10 what turd the money belonged.
II was known that the money had been col
Iected, but that il had not found its way
into the State treasury for nearly two years,
: and II was necessary that the commission
shOud find out where that money was dur
ing that interval. If the money was paid
% 10 Mr. Hart he wanted 10 know how il AS
paid, whether IN coin or by check or by
notes. If by check. he would like to find
cut whether Nj. Hart had cashed the check
or not. aad if he had, what he had done with
the money up to the time he had deposited
it in the Nevada Bank a week or so ago.
W. II. Knight an ex-Harbor Commits
sioReT, was then called. He said ne had
been one of Gray's b0ndsmen, and be had
settled Tie suit against himself by giving
the Accomplishment a certificate OF de-
post on the Peoples Home Savings Bank
for S2404 So
. Several other witnesses were called, but
they did not respond.
Mr.. Deyin then wanted tha Attorney
General 10 take the stand. He said it
would save great deal Of time II wanted
10 find CUT about the certificate of deposit
that had been given him by Mr.. Knight.
he said 1t was important to the commits
sion to know when Mr. Hart obtained it;
when he had drawn IL from the Peoples
Home Savings Bank; when he had de-
posted 1t with the Nevada Bank; whether
it was the same certificate, and what had
been done with the money between the date
Of Withdrawing 1t from one bank and de-
posting ii in the other
The attorneys for Mr.. Hart objected to
any such procedure. They said that certain
charges had been made against Mr.. Hart,
and as yetthey had failed 10 suDstantiate any
Of them, and when it became necessary the
Attorney. General would take the stand.
Mr.. Stone endeaYOTed to explain that the
money which had been collected by Mr..
Hart had not been turned into any fund for
the reason that he did not know which fund
to ray it into until the litigation in the mat
ter had been settled.
This explanation had no effect. and Mr..
Mathews 10 silence the discussion said that
tie money should have been paid into the
treasury 30 matter what fund it belonged TO.
As Mr.. Hart would not 90 on the stand
Mr.. Deyln said he would have TO subpoena
number OF witnesses. including the officials
Of the two banks mentioned. He also asked
Tor number OF papers relating to the VaTI-
Gus suits brought by the Attorney
to recover State moneys 10 be brought from
the County Clerks office.
Pending the arrival of the witnesses and
me legal documents recess was taken till
the afternoon.
On resuming the Judgment rolls In the
cases against Gray's bondsmen were pro-
dUced and the records submitted as evil
deDce. They merely showed that the suits
had been dismissed on stipulation that the
money be raid over to Mr.. Hart.
L. S. Heller was then called. He said he
was the attorney in the Knight case and
paid MI Hart the S2404 SO in the Attorney
Generals Ofhce. He had no recollection as
to what form the money was in, but was
under The impression that be paid the
amount by check.
He was asked if he had had any discus
sion with Mr.. Hart as to how the money
was to be turned over to the State.
He replied that Mr.. Hart had expressed a
doubt as to what fund the money should be
paid TO.
This was again cut short by Mr.. Math
ews stating that 1t was immateral what the
fund, was The money should have been paid
In TO the State treasury, and why it was not
was what the commission wanted to know.
Walter McGavin, a clerk in the Nevada
Bank; was called. He testified that he saw
Mr.. Hart deposit the money recovered by
the compromise suits and he produced the
certificate of deposit to substantiate his
evidence. This was not satisfactory to Mr..
Devlin, and he asked that a copy of Mr..
o Harris accounts, both as Attorney General
and bis private account be secured to show,
IL possible, II the money had been used for
any purpose other than deposited in trust
for the State.
Mr.. Hart was again asked to take the
stand by the counsel for the committee,
but this course was objected to- Mr.. Budd
said that Mr.. Hart was willing to give evil
dence when 1t became necessary TO do So
There were no more witnesses present in
regard to the alleged Misrepresentation of
the funds, and the matter of Mr.. Harris
employing special counsel when it was
unnecessary for the benefit OF an intimate
friend and associate and approving of
unreasonable and exorbitant claims for
such service was taken up.
A. X Cotton was the friend referred 10.
and he was put On the stand. He testified
that he had been asked to look after few
cases by Mr.. Hart for the State because the
Attorney General was unable TO do the
business himself. bis explanation was
thoroughly satisfactory. and he satisfied
the committee that his charges were ex-
tTemely moderate.
q. j. Bergen, who made q great many Of
the collections for Mr.. Hart, came in while
Mr.. Cotton was being examined, and took
the stand. de said that he collected good
deal OF the compromise money and 1t took
him several months to do it. When all his
collections were made he turned the money
over to Mr.. Fart. He could not remember
the exact amount, but 1t was several thou
sand dollars, and he gave IL to the Attorney
General about Novemb Der of 1891
At the conclusion of Mr.. Berger's eyI.
In naiA H. 81