The morning call., 1893-06-13
FLOOD ON TRIAL.
A Day Passed in Getting a
Jury.
LINES OF THE DEFENSE.
General Barnes Is a SkiIlfuI Book.
keeper and Has Prepsred an Ac-
count of the Shortage.
LINES OF THE DEFENSE

20 John w. Flood looked perfectly com.
posed as he took his seat beside his at
torney, w. W. Foote, Yesterday morning
In Judge Seawel's court. Yet he was
there 10 answer TO a charge of having
feloniously embezzled S164, 600 from the
D1nohoe-Kelly Banking Company. while
acting as its cashier
The. impaneling of jury in a case like
this is necessarily a laborious proceeding
Some Jurors had made up their minds that
Fl6od. was guilty, and some had talked too
much about the affair. 1t was also diff
cult matter to find juror who was not
acquainted with either General Barnes or
"B .hy' FOote.
So the day concluded with only ten Jurors
having been selected. AS three peremp-
tory challenges still remain, five more
jurors Will have to pass examination this
morning before the hearing of the case
begins.
Foote opened the ball by demanding
from Assistant District Attorney Hinkle a
bill OF particulars showing the items lead
ing TO the charge. He said he had given
Due notice OF his desire and had not vet
received the bill Hinkle said he would
not give him any bill. and Foote appealed
10 the Judge.
i nave not heard of such n proceeding
being pro vided for by the statute in Grim
inal cases. said Judge Seawen.
Nv ell ask your Honor TO make an
order compelling the District Attorney to
furnish us with bill of particulars, said
Foote.
The Judge replied. 81 must decline to do
So"
General Barnes shines not only as
lawyer, ont as an accountant, and his re-
cent Investigations at the Veterans Home
Rave whetted his appetite in that direction.
Yesterday he appeared in court with
document no one could explain but him.
sell. IL was carefully prepared table
showing Floods several and separate
Shortages, with their dates, and explana-
lions OF what he had done with the money.
According to this statement Flood must
have started on the downward path in
M2Tc0, 1e9l Just after the firm had been
Incorporated. The table showed an in
geulaus system OF Justification. There
were spurious receipts and certified checks
arI Iass certificates of deposits. Flood is
alleged to have used the names of various
weH-kuown depostors in doing this work.
! be san francisco Gaslight Company's
name was freely made use of.
IL ms report be true it is easy to see how
FOOD worked frauds. The names were
all genuine enough, ,Dut their reported
checks and deposits were false and i'm
aElnary. As fast as one depositor demand
eu MS money he would cover up the fraud
By false entry in the name of some one
else, and so 1t went Oh, Flood always COW
eTng up his tracks ss he went along.
His accounts always balanced. Any
way, Tor two years Flood contrived to
throw dust IN the eyes, not only of the
ance committee OF the bank, but also of
The Bank Commissioners themselves.
General Barnes is naturally very proud
OF the result of his Investigations. y
think this ought to settle the business"
be said. I'VE have positive proof now of
how tn e money was stolen, and how he's
going to get out OF it l don't know"
Attorney Foote still maintains silence
40 what his line of defense is going to
mud there is much speculation on this
pit. General Barnes is specializing. too.
bun confesses it 10 be a puzzle
eere are only two defenses that can
see. said Barnes yesterday. Either he
IS going to show that the money was taken
before The firm was incorporated, in which
case we can't convict, or he will show
that the money was taken over three
years ago, and IN that case he would be
acquitted. But l think that my report
queers those lines of defense. For, you
see, DO not charge him with stealing one
cent before March e, 1891, and the bank
was incorporated a month before that
date. SO that settles that point.
ut is possible. however, that Mr.. Foote
is not going to make any defense at all,
but Is simply present to see that his client
Is convicted according 10 law
This last suggestion, however, hardly
bears the stamp of prnhanility