The morning call., 1893-02-26
HART WAS DUMB.
He StubbornIy Declines to
Explain.
BARNES EXPLAINS FOR HIM.
LAWSON Made SacrificiaI Offering to
the Wrath of the Committee.
Will Report Monday.
Special to The MonNINe CALI

SACRAMENTO. Feb. 25-The Hart inves-
tigation committee was to have met at
O'clock this afternoon, but II was aIter
before the members could be got together
Bart was present and 50 were his counsel
M4ssrs. Barnes. Budd and Stone.
1t had been arranged by the committee to
cali Hart 10 the stand as witness. LII was
not expected that he would agree TO testify,
hut tie attempt was to be made so as 10
Mace him on record as refusing. 80 alter
the committee had been called to order
Attorney Deylin made the formal call for
Hart, but the Attcrney-General sat immov-
able and made no response.
After some hesitation General Barnes an
nounced that counsel had decided that Hart
was not to testify. He did not choose TO
do so.
1T doesn't make any difference about
what he chooses to do. We call upon him
20 take the stand ana tell the committee
what he did with the $4,000 that was in his
possession for such length Of time, SAID
Devlin.
Still Hart refused TO comply. Then
peylin read section 424 Of the Penal CODE.
which makes Of the ofTense which Hart is
charged with a felony. This concluded. The
committee attorney stated that there mad
been sufficient evidence adduced To cause a
strong inference that the AttOrney-General
had used this money for his own profit, and
he thereby formally charged him with the
efense. He then asked Hart 10 either
admit or deny it, but the Attorney General
stll remained silent
General Barnes then made long and
eloquent speech in defense of Hart. He
said that it would not be right for the
highest legal officer of the State to be cross
questioned about his private business, as he
would be if Devlin was allowed 70 examine
him. Barnes maintained that Hart had
done nothing bat his strict duty 10 holding
on to the money. Under those circum-
stances why should he be roasted and
crucihed and dragged down? He thought
it was piece of effrOntery on the part Of
De.ylin to read the section of the Penal Code
and to insinuate that Hart had been guilty
Of a criminal action.
Mathews did not seem TO be very deeply
impressed by the elOquence of Barnes, for be
interrupted him To ask how il was that Hart
had not mentioned his having this money
in his possession in his report to the Gov
ernOr. Barnes reply to this poser was that
it Was not his duty TO report the matter IN
I'll all the money had been collected.
Mathews suggested that he had heard Of
such thing as reporting progress and he
though that the having OF $4,000 in his
possession belonging to the State was OF
sufficient importance to be worth while
mentioning.
Kahn then asked Barnes if it were true
that Hart had made the last collection and
closed the business up on November % and
between that date and February had
made 10 effort to pay the money in to the
State.
Barnes said that was true. but the Attor.
ney-General had been very busy in court
and had not found time to attend to it.
DeTlin again insisted that il Hart re-
fused to be sworn he was guiItyof contempt
and could be punished by the committee.
But Mathews declined to so that far to
compel Hart TO obey the request Of the
. committee.
Barnes made another strong talk for his
client and before closing paid his respects
10 Deputy ". II. LAWSON. He said it wa:
no fault Of Harris that this young mar
lacked the breeding Of an Apache Indian
lie said he was an individual OF pecunari
ties aud idiOsyncrssies. and the amusing
and idiotic frankness with which be ex-
posed his nakedness v hen testifying before
the committee was truly painful. Layson
sat near Barnes while he was being grilled
but kept his eyes upon the floor and made
no sign that he understood what was being
said
When the arguments had been concluded
Chairman Mathews announced that the
committee would probably be able to report
by Monday. The meeting then adjourned