The herald., 1897-06-19

from the fee fund referred to here?"
"Yes. SIR
Were these payments made by check
or from the drawer?"
! Il have no absolute remembrance, but
I know many of them were made from
the drawer"
WHERE THE MONEY WENT
"The money, then, was taken from the
cash drawer, the safe and the bank to
make payments indiscriminately?
Yes, sir, ali the money was in one
fund"
rants?"
Yes, sir
What did you do with it?"
Put it in the cash drawer"
How much did you appropriate to
your own use?''
mot a cent"
Did Mr.. Ward know how you dis
posed of it?"
He did"
What was the general shortage Of the
office?"
when took charge the shortage was
quite large. amounting to several thou
sand dollars. but can't just state the
exact amount"
when did Mr.. Ward first know OF
your drawing the money on these war
rants?"
He knew of it at the time, for we
discussed it several times"
Did you enter it up in the fee book?"
mo. SIR
why not?''
Because Mr.. Ward instructed me not
to do so.''
why not?"
HE said that in consequence of the
shortness of funds I had better not and
if it was found out he could make it up
Witness went on to tell about the con-
versation he had with Mr.. Ward in the
presence of Harry johnson regarding
these three items. when he reminded
Mr.. Ward that that money was the
amount that he had been told not to put
on the fee book Lowry stated that he
had no suspicion of the trouble coming
upon him until the indictment was
found. He denied ever having admitted
to Mr.. Ward that he had made away
with the money, either in the First Ma
tional bank or elsewhere. Mr.. Seavor
never agreed to help him out by raising
money for him and at the conversation
when Seavor, johnson, Ward and wit
ness were present the latter reminded
Mr.. Ward again that he himself had told
him not to put the money on the fee
book. Mr.. Ward then remarked that he
did not know the amount was so large
Continuing, Mr.. Lowry said he was
not intimate with Mr.. Woodbury., had
never worked in any office with him and
had never had any private conversation
with him wherein he had told him that
he had made away with county funds.
How much did Mr.. Ward owe the
cash drawer when he went out?"
My recollection is that he owed the
cash drawer about $780,"
THAT isn't included in the larger Of
flee shortage spoken of?'
mo, sir"
when you put the 1854 in the safe,
would there be any way of finding out
where it went to?"
mo, sir, because moneys were being
paid out all the time.
How much money was paid out in
December?''
well, in November and December
there was paid out about $4,000 to $4,000"
That ended the defendants direct ex-
animation.
LEGAL AND MORAL DUTY
when you received those warrants
you knew, didn't you, that it was your
duty to enter the refunds on the fee
book?" in quired Mr.. McComas
Il presume it was"
you made the monthly statements
didn't you?'
Sometimes I did, sometimes Mr.
Johnson
Did you not make the statements
for October, November and December?"
II have no present recollection wheth-
er did or not"
why did you not enter up the money
on the fee book?"
Because l was instructed not to-"
you recognized the law of the state
of California at that time didn't you?"
Yes, SIR
And that was authority for you
wasn't it?"
Il obeyed the man I worked for, and
did what he told me-"
Witness at this point was again taken
in hand by Mr.. Meserve for redirect ex~
animation.
when you were before the grand jury
vestigated, Mr.. Lowry?" inquired coun-
sci.
"Mr. Ward" was the answer.
"And If you did make answers that
were not absolutely correct, what dia
you do it for?''
'In order to protect Mr.. Ward"
Mr.. McComas had another crack at
witness before permitting him to retire
and wanted to know if he was prepared
to state to the grand jury facts that were
untrue in order to shield Mr.. Ward. To
this Mr.. Lowry answered no.
Then you didn't do Mr.. Ward any
good?" asked Mr.. McComas
We'll, l was indicted and he was not"
answered the witness.
Walter Trask was put forward next by
the defense as the first of the defend
ants character witnesses He stated
that he had known the defendant for
years and his reputation was good. In
answer to question by Mr. McComas
witness said that he knew Lowry had