The San Francisco call., 1898-12-23
County, State and National Archives Bulge With Varied Details Of His Un-
 lawful Acts.
A Sacramento County Grand Jury Returned Twelve hdiCt mentS Against Him for Embedding Money Belong ing to the Public Treasury of
 This State.

and through the said office of Secretary of State under and by virtue of the trust duties NJ. Burns, Secretary of State aforesaid by the laws of the State of California on the 3Oth day of November 1881 at the City and County or into and was in the control care safe keeping possession and custody of him, the said D. M public moneys to wit the sum of Twelve Hun dred and Forty Five (s1245.0O) Dollars in lawful money of the United States of America sona Sna To property 1o of 'nth the state of Cali fornia, which said money had on said day last aforesaid been paid into the office of Secretary of State of the State of California and re- ceived in said office for and on account of Re California; sold to the firm of A. L. Bancroft and Company of San Francisco, California by State aforesaid, and after the said public moneys aforesaid to wit: the sum of Twelve Hundred and Forty Five and oO-1O0 Dollars as aforesaid had as aforesaid come into the con trol care safe keeping and possession and GUS tody of him the said D. M. Burns as Secretary county of Sacramento, State of California on the. ........ da-' December. A. D. 1881 he the said D. M. Burns then and there being secre- tary of State aforesaid and then having in his control care safe keeping possession and him as Secretary of State aforesaid the public money aforesaid, to wit: the said sum of Twelve Hundred and Forty Five oo-loo Dollars personal property of the State of California.
 Did then and there, willfully, un- lawfully and fraudulently, and not in the due and lawful execution of the duty and trust imposed upon him, the said defendant, D. M. Burns, as Secretary of State aforesaid, con- vert, appropriate and embezz1e the said public moneys, to wit:
 The said sum of Twelve Hundred and Forty Dollars lawful United States and then and there the personal property of the State of California to his own use and benefit, contrary to the form force and effect of the statute in such case made and provided and against the peace and dignity of
 (signed0 JOHN T. CAREY.
 District Attorney of Sacramento County.
 The remaining eleven indictments are similar in form to the one above quoted and charge Burns with the embeZzl lement of various sums received by him during the time he served as Secretary of State
 The records of Sacramento county will also show that Burns confessed under oath, that he had falsif1ed the records of his office while serving as Secretary of State for the purpose of covering up the defalcations with which he was charged. Witness the following from his testimony before Judge Van Fleet:
 I took the memorandum cash book and changed these figures or amounts. I did not change any fig ures, but where there would be SIS 25 marked $9 75, and I took this cash book to him Deputy Gale) after the 8th day of December some time-it must have been three or four days afterward.
 An indication of the contents of the State Controllers report made to the At torney General after having investigated the affairs of Burns office Is given in the opening paragraph. It is as follows:
 Hon. E. 0. Marshall, Attorney General-Sir: I have the honor here with to transmit to you the result of an investigation of the office of Sec retary of State during the incum- bency of D. M. Burns, from January 5, 1880, to January 8, 1883. The examination shows MT. Burns to be a defaulter to the State in the sum of $31, ,739 59.
 Colonel Burns aspires to be United States Senator. His candidacy is being supported by the political agents of the Southern Pacific Company, who are aware of the facts concerning the past record of Colonel Burns. Why does the Southern Pacific Company wish Colonel Burns to have seat in the nations lawmaking body?