The record-union., 1893-02-21
First Deputy LaySon Permits His
Wrath to Bubble.
THE "YAHOOS" At THE CAPITAL.
Barnes and DeVIn Have Some Tilts-The
Investigation viii Be Continued in
San Francisco.

The Assembly's special committee re-
sumed yesterday its investigation of the
latest legislative scandal-the charge
that he willfully withheld money belong
ing to the State and neglected the duties
of his Office.
Chairman Mathews of Tehama notified
the Attorney-General that Robert T. Dew
lin of this city had been retained as at
torney for the committee.
Attorney Devlin proceeded at once to
read the charge against General Hart,
and suggested that the matter be taken
up by subject and so continued until each
was exhausted. 1t was determined to
pursue that course, and Attorney j. p.
Langhorne of San Francisco was sworn.
He stated that he had been retained as
counsel in the prosecution of the cases
brought against the Board of State Har-
Dor Commissioners, and that he had col
lected 81, ,120 upon settlement of one of
the suits instituted, and placed the same
in the First National Bank of San Fran
cisco, payable to the order of General
Hart. The check, which was indorsed
by General Hart when he drew out the
amount, was admitted in evidence.
On cross-examination by General
Barnes, Hart's attorney, Mr.. Langhorne
stated that he was first employed in the
case in December, 1889, by Attorney
General johnson, and that the cases had
been pending since March, 1884.
BARNES AND THE SCRIPTURES.
Chairman Mathews produced letter
written by the witness to the committee
stating the amounts of money collected
upon settlement of each of the three suits
with which he had been connected. He
stated that the knowledge of the commit
tee had been derived largely from letters
from different parties, and he supposed
General Hart and his counsel would not
contest the figures given by the commit
tee.
General Barnes said he did not put as
much faith in the report of an Assembly
committee as he did in the Epistle of st.
Paul to the Corinthians, and he stated
that the prosecution had better prove its
case.
Chairman Mathews said that he consid-
cred the report of the committee equally
as reliable as that submitted by St. Paul.
General Barnes objected to the manner
of questioning witnesses followed by Mr.
Devlin, and insisted that the committee
had no right to secure the services of an
attorney to prosecute a public servant of
the State.
Chairman Mathews stated that the COM
mittee was forming precedent.
General Barnes replied warmly that he
understood that the committee had
practically impeached General Hart with
out a hearing, but now that he was to
have his day he thought that the lawyer
element should be eliminated.
Mr.. Devlin in reply stated that the
committee had inquired into the acts OF
the Attorney-G General and had satisfied
itself that everything was not right and
had reported the same back to the House.
He declared that the committee need not
produce one single witness unless they
so wished. He stated that General Hart
was not allowed an attorney except
through the courtesy of the committee.
He was not present to assault Attorney
General Hart, but to assist the committee
in its investigation.
HARBOR MONEY.
Mr.. Devlin then proceeded to read from
the original brief of the State VS.. the State
Board OF Harbor Commissioners, and in
which is detailed statement of all
moneys paid General Hart for the State
upon settlement of the different suits in
question, as follows:
From Phillips, August 80. 1891. S7,721 so
From W. Il. Knight October 20,
From Banning. February Z, 1898. 7G7 7.7G7 81
Mr.. Langhorne, recognized letter pro-
duced by Chairman Mathews. as the
statement furnished to the State Con-
troller by his law partner, Mr.. Miller,
which had been sent upon request of the
Controller.
General Barnes cross-eXamined the
witness at considerable length, relative to
the moneys collected and banked by his
law firm to the credit of the Attorney
General.
On redirect examination the witness
stated that the Attorney-G General had ex-
pressed doubt to him as to which fund
the money properly belonged, but had
never asked MS duNIC6 Oh lHo SUBJECT.
General Barnes read from Section % Of
the new Constitution of 1879, which pro-
vides that no money may be legislated
out of the general fund Of the State after
it is placed there except for the purpose
intended. The witness said that if the
Controller had placed the money into the
wrong fund by mistake he, and no one
else, was at fault, and should be held
liable.
General Barnes asserted that he did no
understand whether the witness had
been for or against General Hart, and
wished to know what point the committee
proposed TO investigate.
Chairman Mathews replied that the
committee wished first to ascertain
whether or not the money in question
had been paid the Attorney General, and
second, whether or not, if it had been
paid, he was justified in holding it from
the State Treasury until the courts decid-
ed what should be done with the sum.
State Controller Colgan was sworn, and