The San Francisco call., 1897-01-22
FAY ACQUITTED
At BAKERSFIELD
The Jury Takes but Five
Minutes to Reach a
Verdict.
No Criminal latent Is Shown
and the Public Generally
Is Pleased.
Moss. Covered Indictments Against Ex.
County Clerk Packard Sum.
marily Dismissed

BAKERSFIELD, CAL, Jan. 21.-The
trial of District Attorney Fay on an action
to remove him from Office preferred by
the Grand Jury in the early part of 1896.
alleging that he had embezzled certain
school-land fees to the amount of over
5000, was concluded here to-day, after oc-
cupying the atten ton of the court for two
days, with g verdict of not guilty, requir-
ing only five minutes for the jury 10 fe-
turn its verdict.
JudgeW. NJ. Conley of MADEIRA presided
and in his charge to the jury he made
plain and forcible the point that it was
the jurv's duty to find whether the de-
fendant appropriated the money with in
tent to willfully defraud the county and II
so to render a verdict of guilty, if not to
acquit him.
Jesse Hardesty of the Attorney-Gen-
erals Office represented the people and
local firm the defendant. Fay openly
claimed that he appropriated the fees in
question to his own use, but did so be-
lieving that he was entitled to them, under
the law governing his office.
He said that he had consulted with
other District Attorneys in the State and
also other eminent counsel, and they were
also of the opinion that he had right to
the fees, though the court refused to ad-
NIT this testimony. Fay stated on the
stand that he and the Attorney General
differed oD the subject and that he had so
told the Grand Jury that returned the in
dictment against him. The Attorney
General filed an opinion with the Grand
Jury.
No one here believes that Fay had any
criminal intent when he kept the fees, and
therefore the verdict meets with general
approval.
The last Of the indictments of the noto-
rious lon. Grand Jury of two years ago
are now coming before the court to be
heard. Judge w. NJ. Conley of MADEIRA is
trying them, in view of Judge Mahon
having had connection with the cases as
counsel before he took Office.
The first were called this afternoon.
They were those against ex.County Clerk
n. +. Packard. They were four of them,
and they were returned solely upon the
evidence of the Grand Jury's expert, Edgar
Moore OF Los An eles, who made many
thousands of dollars out of the county for
his alleged expert services. The whole
four cases possibly involve $20-no more.
EN- bezzled fees of the Office to this amount.
They have been hanging fire in the court
for over two years, during which time
Packard has been anxious for them to
come to trial.
When the first one was called up it was
shown that Packard mad the Treasurer
receipt for the amount alleged. to be in
vowed, and the court Immediately dis
missed the charge.
The next one was submitted on the
ground that it was a misdemeanor and
the court therefore had no jurisdiction
and the other two were also submitted on
the ground that defendant had right to
such fees under the law. The court will
pass upon them tomorrow and the gen.
eral belief is that he will likewise dismiss
them.
Packard is one of the oldest and most
honored citizens of this county and nat
urally he has felt the stigm OF having
criminal indictments ham, glng over him
all these years. However. be and his
friends have never had the least doubt as
to the outcome. On his own application
Expert Moore is quartered at the Jail, not
caring, it is said, 10 appear on the streets
after the complete refutai of all his
charges against prominent citizens.