The San Francisco call., 1897-12-08

every public official and empIoye in the
county OF Santa Clara.
How The county was defrauded by
means OF this claim is clearly shown in an
arndavlt made by Lind as soon, he says. as
ne became aware of how he had been used
as an unconscious instrument in this
feionious transaction. The affidavit is as
follows:
Ered Lind, being duly sworn, says:
slaeu In the town of Mountain view, county
ol santa Clara, State of California; that al the
llne aforesaid William NJ. Garliepp was d
reSlueHt OIL the same place.
On sald 4th day August was employed by
seld William NJ Gsrliepp to work in his
orehard; that on the said 4tb, also on the tn.
oth ana until noon of the 7th OF August, l
mashed ciods. On the afternoon of said 7th l
plcKeo Bulgarian prunes and with Mr.. Gar
HHepPs only team hauled said prunes to MIR.
Goodrich at West Siue. On the Sth, Sunday
rested. On Monday 1 began hauling gravel
with MI. Garliepp's team on the county
ROAD ana so hauled seventeen days coutinu-
ousty, excepting one half day hauled french
pIunes 10 West Side, one half day l went
win sald team to West Side and Santa Clara
LOT empty boxes, and one day raked rocks on
CaldeVon avenue. That during said month OF
August used Mr.. Garliepp's team only fifteen
DAYS, hauling for the county. That on the
ZSth OF August Mr.. Garliepp asked me to sign
county claim (the amount OF which do not
6noW) ana he would GO to san Jose Saturday 4,
ZSth, and get the money for me. On said
Saturday he pain me at the rate OF 81 80 per
DAY Tor seventeen days work.
am ready to testify TO the foregoing alters
at any time when called upon 10 do SO. My
ege is "a and l reside at Mountain View in
sald county. FRED LIND.
Subscribed and sworn to before me this 29th
day OF Septic mber, 1896. B. L. BURNS,
Notary Public In and for Santa Clara County,
California.
Notwithstanding that all these facts
were mace public, no attempt has ever
been made by Supervisor Aver or
any OF the members of the Board of Su-
pelylsors to punish the malefactor or 10
recover the money thus fraudulentlv OBJ
tanned from the county. When Gariiepp
was seen at Mountain View he admitted
that all the statements made in the atfi.
daVlt OF Lind were absolutely correct ex-
cept one. He declared that Lind knew he
signed claim for $S7 So This is Gar.
Hepp' s version of the affair:
Il worked for the county ten DAYS in
May, 1896. The funds in the county treas
ury were exhausted for the quarter end
ing June 80, and SO l could not get my
money. When l made out Lind's bill in
August l included ten DAYS extra, so that
| could get paid for my work in May. |
knew this was wrong, but it is done ali
the time. did the work and / ought to
get paid for 1t. lexplained this to Lind at
the time he signed The bill, and he tells
talsehood when he says he did not know
what amount he signed for.'
During this same month of August Gar
liepp had bill against the county for
nineteen days work. He failed, however
to explain why he had not included the ten
days due him for May in his own account
instead OF putting it into that of LIND.
But even if Gariiepp's version of the
transaction is true ne has committed a
felony under section y of the Penal Code
which is as follows:
Every person who. with intent TO defraud
presents Tor allowance or payment TO any
state board or officer or to any county, town.
city, ward or village board or officer author
iZed 10 allow or pay the same, if genuine any
false or fraudulent claim, bill, account
voucher or writing is guilty of felony.
When Judge Lorigan made his ineffect-