The morning call., 1894-10-18

a
trial yesterday when. almost Immediately
q non the close of the testimony for the
prosecution. John ". Flood took the
1witness-stand to testify on his own be-
half.
Since the memorable occasion wheG, on
Arril 3, 1898, the ex-eashier of the Done
boe-Kely Banking Company was con-
fronted with his directors and asked to
tell what had become of sum of $164,-
OOOin respect of which he was short in his
accounts, Flood has never volunteered "A
syllable of information to a living soul
that would tend to throw light upon the
mystery. He was arrested for embeZZle-
men;, held, tried and convicted without
any attempt on his part to shift the blame
Of the shortage in his accounts upon other
shoulders. if such thing were possible.
AS is well known. Flood subsequently OBJ
tanned new trial from Judge Seawell on
the ground of errors of the court, and now
the ex-cashier. after suspense lasting over
eighteen months, finds himself once 10 ore
on trial
The testimony introduced at this second
trial on behalf Of the prosecution was al
most identical with that offered at the first
Xlal. Wearisome, interminable accounts
are gone into, and Directors Howard Ha-
vens, Joseph a. Donohoe Jr.. Adam Grant
and j. 6. Eastland all testified as did the
Bank Commissioners, whose sudden en-
trance into the bank on that memorable
April caused ex-Cashier Flood to quietly
put on his hat and without a word to
any one pass out of the banks doors for
ever.
Yesterday morning the prosecution an
2
sci for the defense, Carroll Cook. Z. j.
Heggerty and W. II. Chapman, put their
heads together and deliberated upon what
was to be done. Finally Carroll Cook cast
a bombshell into the ranks of the opposi-
ton by calling out, John w. Flood, take
the stand ~
The defendant was, OF course, prepared,
but the astonished spectators craned their
necks forward eagerly in order to catch
the first few words that have dropped from
Floods lips since his arrest one year and
half ago. Flood stepped briskly to the
witness-chair and faced his questioners.
It was plain to be seen, however, that he
was nervous, and liked not the ordeal.
In answer to Carroll Cooks preliminary
questions Flood said that he remembered
kthe day April 3. 1898, very well indeed.
called at his house and asked him to step
down to the hank. Flood at once accom-
panied young Donohoe thther. 81 was
perfectly willing to CO." said Flood. On
arrival at the bank Flood followed young
Donohoe into the east room of the bank,
where the directors awaited him. Attor-
ney 2. G. Galpin was also there.
"Mr Flood who spoke to you frst?"
"Mr Joseph a. Donohoe Sr."
''What did he do, If anything?"
'He got up, shook hands with me and
then addressed me-"
in what language did he address you ?"
He said, Flood, what is all this aboui%
I answered him.
General Barnes wanted the witness 10
elaborate his answer. but Carroll Cook
would not permit this. The witness was
then asked did you say in answer to
Mr. DOnohOe: L am disgraced. l am a
thief. You can put me in San Quentin or
In the County Jail. as you please. l have
taken, or stolen. $164.0OO of the banks
&money-no more, 10 less'W
M General Barnes interposed an objection
Mere to the style of examination. Carroll
Cook, however, explained that he had
called Mr.. Flood merely for the purpose
of contradicting the testimony of the wit
nesses Howard Havens and Chadwick,
whereupon General Barnes said: son
that understanding l withdraw my objec-
tion."
Did yen give that answeT?" repeated
Cook.
'No, Ibid not"
'What was your answer"
"l told him the cash was short 1854, 900,
nc more. no less.
Anything else?
"Yes; / told him l had paid it out, but
hadn't taken a cent. | had been badly
fooled. aud [ told Mr.. Donohoe that he
didn't want to know anything further at
the present lime. If he treated me- right
all would be right. Then | sat down."
General Barnes seemed desirous of fknow-
ipg all that passed at that interview, but
Carroll Cook preferred TO adopt bis own
line of examination. ln reply to his ques-
tions Flood said he was on that occa-
sion further questioned by Attorney Gal
(pin:
'He asked me certain questions in a
roundabout way. l don't remember the
questions. remember he said that IL [
made a statement it would be moro salts
factory"
DID lie ask you by whom you had been
MADE fool OF p"
Yes. But Irefused TO say"
what else did you tell Mr.. Galpin q
81 said he need not cross-auestion me
as | would not answer. He might send
me to the State prison, but / would not
tell. said I'd tell no one but Joseph A..
:Donohoe Sr.. when the proper time came,
and that II Jesus Christ came down from
heaven and stood upon the table in front
OF me would not tell even him."
What was said then?"
''Mr. Donohoe said, All right, Flood.
All this time l stood with my hand on his
shoulder"
wei. what happened then?"
"Mr Joseph A. Donohoe asked me if
would turn OVER TO the bank the property
that / had. He said it would be better If
did so. / promised that l would do so.
and then Mr.. Donohoe shook hands with
me and asked if he wanted to see me
again would l come down to the bang. |
said / would. and then we parted"
Carroll Cook then had brief consulta
tion with his associates, after which he
asked: "You remem Der meet ng Mr. Chad
wick on the night Of April 4. do you
not?'
Yes"