The record-union., 1894-11-16
CABLEGRAMS PRODUCED IN COURT.
Chris Wagner's Dealings With the
London Lemays.
The Latter Sent to Wagner Money
While Gray Claims He Had
No Right to Get.

At the trial of c. a. Wagner for grand
larceny, in Department One of the SUI
perlor Court yesterday, the prosecution
offered IN evidence cablegram sent by
Wagner 10 w. II. q, II. Lemay OF Lon
don, on November 10. 1898. Wagner in
this cablegram notified the Lemays that
he would ship the consignment of hops
If the Anglo Californian Bank would cash
his sixty days draft against the ship
ment.
The answer of the cablegram telling
Wagner that he could draw the amount
he desired on the draft. with the bill of
lading attached, was also offered in evil
dence. Another cablegram from the Le-
mays 10 the Anglo Californian Bank, in
structlng the bank 10 allow Wagner to
draw the money, was also offered in evil
dence
w. e. Gerber, Cashier of the California
State Bank, testified that Wagner had
casLed draft Tor 81 ,95S in the bank. in
November, 1898, Gray and Wagner came
into the bank to talk about the transac-
ton. Witness told Wagner that Gray
was uneasy about the hops shipped to
London. 1t was agreed that witness
should write To the Lemays IN London
that the hops were Gray's, and all remit
! tances should be sent 10 him. Wagner
was perfectly willing that the letter
should be sent
Constable j. p. Brissel testified that he
! arrested the defendant on the Riverside
road. W hen Wagner saw Brssel who
was accompanied by his brother, William
Brlssel, he asked them what they were
doing down that way. They replied they
were after him. Wagner said if he had
known that they would not have found
| him there.
W illness said this remark was made in
Jocose manner. Wagner said he knew
why ne was to be arrested, as Gray had
threatened to have him incarcerated be-
fore.
The prosecution here rested, aud c. T.
Jones made the opening statement for the
defense.
II. j. Kilgariff, Chief Clerk in the
relght Department of the Southern Pa
enc Company, was the first witness for
the defense. He testified that when the
hops were brought TO the freight depot to
be shipped, Gray told him that the hops
were To be shipped to Wagner's order,
and that the bill OF lading was to be de-
llVered TO Wagner. Gray told witness
thaI the hops were his, and gave direc-
IONS as to how they should be shipped
W agner, the defendant then took the
STAND. lie testified that he met GRAY on
fourtl street in October, 1893, and GRAY
! asked him If he was III the hop business.
wagner replied that he was. They held
conversation concerning the purchase
OF some hops from j. j. Glacken. Wit
ness was atterward informed by GRAY
tnat he had purchased the hops from
Glacken. Witness had attended to the
shipment OF the hops from Glack ems
place to this city. Gray had borrowed
between $500 and 81 900 TO pay Glacken
for the hops.
Wagner asked Gray if he had borrowed
enough to pay hin, Tor his services i'll at
tending TO the shipment. Gray replied
he had not thought about that and would
not borrow any more money. Witness
then said he would not have anything
more to do with hops until Gray paid him
for attending to the shipment.
They afterward agreed to ship the hops
to London and went to the freight depot
to make arrangements for their transit.
ii. ). hiigariff of the Southern Pacific
| Company asked Gray in whose name the
| consignment was to be made and to
| whom he should give the bill of lading
Gray said to Wagner. He gave Gray a
| duplicate of the bill of lading, and the
latter made no objection to the shipment
in Wagner's name. 1t had been previ-
ously arranged, the witness said, that he
was to buy the hops from Gray at fifteen
cents per pound, deducting Sl35 for at
tending the shipment and paying the
| freight and other expenses. Gray was to
! wait for his money after the hops were
sold in England. In order to secure Gray
the witness said he had written to w. H,
IL ii. Lemay TO make the remittances on
| the hops to Gray.
| The defense then closed and a recess
| was taken until this morning, when ar
| gument will begin.