The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-10-13
ALL over But
THE SHOUTING
That to Be Done by the
Lawyers in the Welburn
Case To-Day.
The Evidence Is All in and
the Arguments Will Begin
This Morning.
Witnesses in Rebuttal Contradicted
the Testimony of the
Defendant.

The taking of testimony in the case
against ex-Collector o. NJ. Welburn was
finished, and the arguments OF the attor-
neys will begin at IL O'Clock this morning.
Judge de Haven said he would not re-
strict the lawyers as to time, and it is ex-
pected that the speeches will be quite
lengthy.
The ex-Collector took the stand at the
morning session for further cross-examin-
alton. ana for nearly an hour Assistant
District Attorney Bert Schlessinger
prodded him with questions about the
Aiken and Sinnott checks
He was shown check in favor of Aiken
which he said, at the request of L1upe, at
that time sick at his home on Van Ness
avenue, he had sent to Mr.. Borland, a
broker, to be Hypothetical. Later Aiken
came to him and asked for his salary.
Welburn said he then sent to the broker
for the check and turned it over to Aiken
before he was arrested. Alter he left the
stand he had conversation with his son
Clyde, and then changed his testimo uv
and said II was after his arrest that b g
had given the check TO Aiken.
With the defendants testimony the de-
tense rested its case, and the prosecution
began with its witnesses in rebuttal.
A NUM- Der OF witnesses who had known
the gauger, Sinnott, were called by the
Government in rebuttal of the testimony
by the defense that his character was
bad. John Murphy, Judge NJ. A. Taylor
and Miron Walden, of Modesto; H.
| Dahnken, Charles A. Sweeney and J. c.
Rous, of Antioch; John Curtin, Samuel
Taylor and L. ID. Hathaway, OF San
Francisco. and Charles w. Gehrhardt of
Fresno all testified that they had known
Sinnott and that his reputation for truth
and veraciIy was good.
Sinnott was recalled and denied the
statements made by Welburn that he had
been loaned any money by the Collector
or that he had ever given Mr.. Welburn
receipts for money other than the regular
otncial vouchers for salary.
LOUIS Loupc the CHI Ell Deputy Collector
under Welburn, was put on the stand to
refute the testimony OF his former su-
perior. The defendant had testified that
the appointment of L. c.. Aiken had
been made by Loupe and that all of the
Aiken and Sinnott checks which Welburn
Is charged with having embezzled were
turned over TO the deputy and that 1t had
been at the latter's request that the
| checks had been made payable to Aiken
or bearer.
Loupe swore positively that these state
| ments were not true. He said that the
only part Of Aiken's salary he had ham
dled was the go each month, which he
had always received from the Collector in
| coin. He also contradicted Welburn' s
| testimony that there had been extra men
employed for handling the business OF
the income tax. At the time the Collector
said ne had received a note from the
deputy IN regard to by theca:ing Aiken's
salary for June Mr.. Loupe testified that
he was in Gilroy and that he nayer wrote
| in regard to the matter
On cross-eXemlnatlon, he corroborated
! the Defendants testimony that Young
berg's salary had been paid by clerks and
deputies in the Office. He said he knew
that billiard hau signed Welburn's name
! TO documents, but did not know whether
| IL was By The Collecl or's Instructions
Bert M. Thomas, who was acting Col
lector after Welburn's supervision. testi.
fed that he had found in the office some
! private papers OF the defendant, and that
they had all been given to Mr.. WeIburn.
On eros examination he said that among
these he had found no receipts signed by
Aiken or Sinnott.
Captain ]. E. Youngberg testified that
he had never received the Aiken checks
nor his salary, but that he had performed
b. S duties.
Miss Alice c. Davidson testified that she
hac never seen billiard sign Welburn's
name to papers, nor had she requested him
to do so.
At his own request Thomas Burns was re-
called to correct his ties timony. He SAID that
five OF the Sinnott checks had been ca he'd
by Dillard. With this witness both sides
rested and an adjournment was taken
until this morning.