The San Francisco call., 1899-04-13
Damaging Evidence
at His Trial.
ENDORSEMENT NOT NEEDED
SLAVENS WOULD HAVE TAKEN
THEM AS THEY WERE.
First Bad Day for the Officer-Testi-
mony Relating to the Most
Serious Charge Against
Him,

Yesterday was not so good day for
Lieutenant Neall as has been the others
of his trial. The first really damaging
testimony against him was given, and the
questions of the defense could not make
much out Of it except the fact that 1t
might have been worse. And the most
serious part of it was that the testimony
was given upon and tends to prove the
graYest of the charges-conduct unbecom-
ing an officer and a gentleman.
Lieutenant Harris, adjutant of the
Fourth Cavalry and of the post during
the time Of Nealls trouble, continued on
the stand until near the hour of adjourn
ment. His examination related mostly to
the statement made to him by Neall that
1t was necessary to obtain the indorse-
ment of Mrs. Nolan to certain checks be-
fore he could turn over the accounts Of
the post exchange. In making this state
ment it was alleged that Neall wllfully
deceived the adjutant, and the witness
would not recede from this view of the
matter.
The witness said he had no knowledge
of whether or not Neall knew of the ap-
pointment of Mrs Nolan as administra-
trix of her husbands estate when he said
he had to await her action on the checks
made payable to her husband as officer
of the exchange. Neither had he any
knowledge whether or not Neall, knowing
Mrs. Nolan had been appointed, willfully
neglected to secure her Endorsement. He
believed he had been deceived first be-
cause Neall refused to turn over to his
successor the checks needing indorse-
ment; second, because while the amount
under his control in money and property
he referred to did not amount to more
than $500 at the most; third, because he
had been informed by the, post COM
mander that Neall had made the same
tO inn m
the books. And during all this time his
successor had signified a willingness to
accept the checks as they were and Sc
do you believe from the facts as YOU
see. them that Lieutenant Neall @ intended
to DECEIVE zee o youH asked ASK renv MT thornton
do you admit the explanation was
true in fact?"
"Do you admit it was partly true?"
mo, do not"
do you admit 1t was true in any
sense?"
for his neglect"
Harris then went on to say there was
no reason why Neall should not have paid
the difference between these checks and
the amount that should have been on
hand toward the dividends to the regi-
mental fund and the band fund. Had he
known the checks amounted to only 500
or less he would have made an invesri
cation al once. AS 1t was he took wnat
Neal told him as the truth II know now
1t was not the truth" were the closing
words of the witness.
Thomas H. Slavens, first lieutenant
Fourth Cavalry, quartermaster of the
post and of the regiment, commissary of
the post and of the regiment, officer of
the post exchange police officer of the
post and fire marshal of the post, was
the next witness. He had succeeded to
the job vacated by Neall. He testified
that when the accounts of the commits
sary office were turned over to him they
were correct, but there was money owing
to the department. One of these bills
was from Neall himself. There was also
due the treasurer of the post his allot-
ment of the receipts from the commits
sary store. There was also due the bill
of the post exchange to the commisSary
department.
The witness then told how he had taken
possession of the post exchange on Feb
ruary 16-the day after Neall's disappear
ance-and how he had found things in a
rather chaotic condition. There were out
standing bills amounting TO over $4,000 and
the account at the bank had been over
drawn about $3.50. He received from the
adjutant a bundle Of checks-checks
which Neall told him had to be indorsed
by Mrs. Nolan-and these he took to her
and had them indorsed and afterward
deposited In the bank. They did not
amount to more than 5000. 1t was some
time in February when Neall told him
he could not get the checks indorsed 1t
! was In January Mrs. Nolan was appoint
ed administrative of her husbands estate