The herald., 1896-03-12
there were some state moneys did owe.''

| for the amount?"
"Yes, sir, that was the custom OF myself,
Mr.. Lowry aud the other deputies
'How much was there of such money
when you went out?"
II made up memorandum with Mr..
Lowry amounting to $430 advanced to me
against salary turned in."
"Do you mean to say you turned your
salary always in?"
II always turned in my salary"
"For the last two years didn't your sal
ary go to meet an indebl edness to Mrs.
Bu,terworth?9
Dangerous ground was being trodden
upon again, but witness refused to concede
the allegation.
did you turn in any other money be-
! side your sslary?'
Yes, sir; turned in about S4oOO.'
TO meet The old shcrtage?"
"Yes. sir.'
"Of Mr.. Frank Fanning," interjected
Judge McComas.
"Who is examining the witness ?r
sharply inqu red Attorney Meserve. "You
will have chance to cross-eXamine when
I the time comes."
"Well, just wanted to know who it was
while the question was warm replied
Judge McComas, with mock humility.
It'll be warm enough to suit before we
! get through was the answer, and with the
response closed the little spat
THE DEFENSE KEPT WITHIN STRICT LIMITS.
A variety of interrogations as to the pri-
vate income of witness was not allowed.
the court remarkng that he had not been
charged with embezzement.
! mo, but his deputy is, and he is trying
| to throw his msdoings on him."
Major Donnell objected to counsel's re-
mark, but defense contended that they had
their theory and were entitled to set up
their defense in consonance with it.
James M. Smith, for eight years in the
! employ of Harper, Reynolds & Co., as
cashier, was questioned by counsel about
Wards account with the firm, but the
prosecution again interposed an objection.
! Attorney Meserve contended that Ward
had while upon the stand denied having
ever used county moneys for his own use
and they were prepared to show that he
had drawn checks when there was no
money placed to meet them.
"And if defendant didn't use the money
Ward did. eh?' queried Judge McComas,
sarcastically.
"Yes, stree, Bob. that's the whole propo-
sition,' answered Attorney Messrve,
| rather irreverently.
"After Tanning died." continued coun-
| sci, "Ward paid over $1,000 and with the
previous shortage that would make Sl5,-
| OOO."
mo pretense was ever made that hut
the one shortage existed" said Judge Nc
| Comas.
quickly answered defending counsel, "but
very material one on the part of the de-
Tense. Ii Tanning was short $4,000. and
Ward spent $1,000 of the county'S money,
the shortage is so intermingled that there
is no possibility of separating it,"
The defense then tried 10 get some forty
or fifty checks, aggregating S7O49. in evil
dence. The different persons to whom the
checks we're paid were in attendance, and
two were placed upon the stand for exam
ination. but the court ruled against such
procedure. These checks were given in
payment OF private debts. and bore Mr..
Wards signature as county clerk.
HONESTY, TRUTH AND INTEGRITY GOOD
A large number of character witnesses
were put upon the stand by the defense
next. II. j. Flashman, for seventeen years
cashier at the Farmers and Merchants
bank, said Lowry's character for honesty.
truth and veracity was good. A. b. Cass
and W. w. Trask testified 10 the same ef-
feet.
j. Wright. having in rather nonchalant
manner explained that he had practised
law since 1856, gave the defendant a good
! character also, and then Judge McCo mas
| took the witness in hand. Counsel is some-
| what given to dry kind of righteousness,
but he met his match in the wi tness.
You live in Pasadena, don't you?r couu-
sci asked, with a sarcastic infection in his
/ voice.
"Yes, sir; in Coils own country" the
witness answered. with pronounced cheer
| fuiness. altogether ignoring counsels
! doub full tone in asking the question.
You discovered his repu tation IN Pasa-
dena? Did you speak to anyone there
! about him?''
"Oh, y-s,n replied the witness, unaoash-
ed; there was-let me see. Mr.. Marsh:
| he stenographer that works for me"
| adding in confidential aside, land for
| you, too, sometimes: Mr.. Arthur, Senator
Simpson. and Mr.. Boalt. That's all can
remember just now."
"Was it his reputation for honesty.
| truth and veracty that caused you to dis
| cuss the derendant?"
mo; but when he was indicted we dis
| cussed the matter.'
"Oh. it was not before then.'
"Oh. yes before. too, when he was about
to run for county clerk
well. and how did you figure it out?''
"All right" with emphasis: 1--WE were
going to elect him.
"You were candidate for judge your
self. weren't you?" insinuatingly inquired
coi:nsel. but the court interfereu.
mo. no. that won't do.' said Judge
Smith. and the last query remained unan-
swered.
Judge A. NJ. Stephens, Attorney O'Mel-
! veny OF the firm of Graves, Shanklin and
! O'Melveny, and j. Flint, bank cashier
| also spoke to character, and then Frank
! Sabichi took the stand for like purpose. He
testified that he had been born in this city
| and lived here all of his life.
"How old are you?" inquired Attorney
Meserve.
II feel delicacy about mentioning my
age" and the witness eyes twinked hu.
! morously.
II would suggest that counsel Withdraw
the question: ventured Judge McComas.
| Not Being lady the question was not
Withdrawn, neither was it answered.
| THE MONEY GOT LOST IN THE SHUTTLE
| Frank Lowry was recalled for cross
examination, and was again closely ques-
toned by the district attorney regarding
the money drawn on the three warrants
! He said again that he put the money in the
! Office safe.
"Do you know if the exact money was
| paid out?'' the district attorney asked.
| ~ don't know whether it was or not, for
| all the money was mixed up and was paid
| out in the ordinary course of business
| Ibid you take a receipt for it?''
| ~ presume SO y
! "Where were they kept?'
| ''In the safe-at least, that is my recol-
| lection"
"In the settlement with Mr.. Newlin was
| he not settled with on tine record of the fee
| book?'
mo. he got more than appeared on the