The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-13
ALL BECAUSE Of A HARNESS.
DID sCULLION KNOW 1T WAS
STOLEN?
That is a Question That Must be
Determined by
Jury.

barney SculnOn, VINO conducts
secondhand harness store on Elev-
enth street, between Fl and l,
was yesterday held to answer
before the Superior Court on a
charge of receiving stolen property,
knowing the same to be stolen, bail be-
ing fixed in the sum of $500.
About ten days ago j. D. Kelly, who
resides about nine miles from the city,
on the Fair Oaks road, reported that
set of single harness had been stolen
from his barn. He impaired the intor-
nation TO City Trustee Charles w.
Paine, at whose instance Chief of Po-
| lice Dwyer detailed Officer Fisher, who
accompanied by Mr.. Paine located the
stolen property at Sculion's place OF
business.
The preliminary examination was
commenced in the City Justices Court
several days ago. at which time Kelly
took the stand and identified the har-
ness recovered as that stolen from his
/ barn. The examination was conclud-
ed Yesterday.
Charles w Paine testified that he had
gone with Fisher to Scullions place of
business. and that Fisher inquired of
any harness lately. Scullion replied
that he had bought no harness for two
months.
In the meantime the witness was
looking about the store and found KEEL
ly's harness under a work bench. He
drew them out and Fisher asked Scul.
| lion When he bought them. Scullion
said he bought them about a month
ago. The several parts of the harness
were found in different parts of the
store, and one of the turrets Check
rings) had been broken off the saddle
and the other had been removed. Both
were found. Scullion told Fisher if he
claimed the harness he had better take
them, and the officer did so. The wit
ness had sold the harness to Kelly and
positively identified them
Officer Fisher corroborated the state
ment made by Mr.. Paine. He said he
had suggested trying Scullions place
because the police looked upon it as
one Of the worst fences in town"
| When asked how he knew Scullion 8
place was fence" he replied that
several thieves had confessed to having
sold stolen property to Scullion and
said he told them to bring everything
they could get and he would buy it all.
Scullion took the stand in his own be-
half. He said he dealt in new and
old harness. He did not know at the
time he bought Kelly's harness that it
had been stolen. He said he had bought
the harness about ten days before
Paine and Fisher called at his place. He
did not tell them where he bought
Mo- ~ :,
did not consider it necessary to tell the
truth. He said he had troubles of his
own, and that a case was now on in
Yolo County against a man who had
robbed him of $40 in a case similar to
the one on trial.
The defense placed A. Meister NJ
Miller and Hiram Cook on the stand
for the purpose of proving Scullion's
reputation for honesty and integrity
They said it was good, but on cross
examination all said they had never
heard it discussed.
In rebuttal the City Attorney placed
Sergeant McManus and Officers Hig-
gins and Fisher on the stand They
testified that Scullion's reputation was
considered to be bad by the police Of
ficials.
In holding Scullion to answer, Justice
Davis said that while it had not been
shown that he received the property
in question knowing it to be stolen. it
had been shown that he had practiced
deceit and had tried to confuse the Of
ficer sent out to investigate All of the
evidence put in should be considered in
ascertaining whether or not the defend,
ant had had a guilty knowledge of the
affair, and the evidence was sufficient
to show probable guilt.