The San Francisco call., 1904-06-30
PROSECUTION
HOLDS BOOKS
Eppinger's Attorneys Are as
Yet Unable to Secure Pos
session of the Documents
FRAUD is CHARGED
Topping Explains Entries by
Saying He Had to Allow
for Swelling of Grain

TIE legal battle for the possession Of
! the books of the defunct grain firm of
i. Eppinger & Co. was begun in earnest
! yesterday morning when the attorneys
! for the prosecution were served with an
order summoning them to appear be-
/ fore Milton j. Green, referee in bank
/ ruptcy, and show cause why the books
should not be given to the defense.
The serving of the papers, which was
made by an attache of the office of
! Henry Ach, created considerable diver
sion in the corridors of the Hall of JUS
tice. Mr.. Campbell was served while
District Attorney Byington was in his
Office. Immediately upon his receipt of
the papers Campbell gave the cue to
Mr.. Mansfield, one of his assistants, and
Mansfield and the server of the papers
sprinted down the corridor to Bying-
/ tons office. Mansfield had the start
and was first over the tape, or
rather into the door, and the District
] Attorney was warned to keep under
cover until the books were introduced
in evidence. This he did, and the
| papers were not served on him until
an hour later. Meanwhile the contents
of the books, showing the amounts of
grain owned by Eppinger & Co., were
being read into the record.
FRAUD is ALLEGED.
The summons thus issued at the re-
quest of the defense stated that after
the failure Henry Wadsworth as re-
ceiver came into possession Of certain
books Of the firm, among them being
I \, ,I,o ell <.,Nlr av,I
Der of papers This property, it is
stated, the defendant has reason to be
lieve was turned over to j. c. Campbell
and Lewis F. Byington. Demands had
been made for the possession. of this
property or at least an opportunity to
inspect it, but they had been denied.
In answer to the summons Campbell
and Byington appeared before Referee
Green yesterday afternoon and secured
continuance of the hearing until 1:Se
p, m. to-dav. In the course of the
argument for a continuance Attorney
Ach denounced the attorneys for the
prosecution; stating that they had, with
the assistance of Detective Thomas
Gibson, procured the books from Wads-
worth by Misrepresentation. He alleges
that Wadsworth. before delivering up
the books, had been informed by the
prosecution that they were already ad-
mitted in evidence.
TOPPING TESTIFTES.
Little was done in Judge Lawiors
courtroom yesterday aside from read
ing the entries of receipts and ship
ments of wheat from the books of Ep-
pinger & Co. Sheriff Veale Of Contra
Costa County was placed on the stand
with a view to impeaching the testi-
mony of James Deming, but after a
few questions he was withdrawn. w.
w Topping was then subjected to a
rigid examination regarding certain en-
tries in the books and his methods of
| bookkeeping.
He was in the habit of balancing
from the stock list about three times
a year, but could not remember as to
any balances made between June /,
1902, and June 1, 1903.
When asked why an increase of
about one third had been made in the
amount of wheat after 1t passed
Through the grader he said the greater
weight was due to swelling from
moisture.
How did you estimate this?'s was
asked.
II had no method of estimating It"
! How then did you come to make
! those entTies?''
It made them from the warehouse re-
ceipts.''
| How do you know that there was
an increase in the weight Of grain by
cause of moisture?"
II do not know it."
The examination of Topping will be
| continued to-day.