Los Angeles herald., 1906-11-02
STAR WITNESS
HELD IN JAIL
CLERK SAID TO KNOW ABOUT
REBATES
Efforts Of Santa Fe to Send Former
EmpIoye to Kansas Frustrated
by Action Of Judge
Smith

Fearing the danger of Virgil Sappen
fields testimony about rebates, it ii
said, upon good authority, that tn,
Santa Fe railroad contrived to senC
Sappenfield to Kansas, his old home
where It was thought he would bt
harmless. But through proceedings oi
their own institution, which they are
believed to have later tried desperately
to circumvent, Sappenfield is now in the
county Jail serving a three months
sentence for alleged embezzlement OF
$1S from the railroad funds.
Only by a miscarriage of their inten-
tions, it is said, was Sappenfield placed
in Jail, where he was within reach of
the grand jury subpoena, to render the
most damaging testimony against their
alleged illegal debate transactions.
Sappenfield was arrested last July
upon a charge of embezzling $216 from
the Santa Fe freight department funds.
After preliminary examination the
case was transferred to the superior
court. The evidence brought out at
this examination was so meagre and in
consistent that the district attorney
frankly admits Sappenfield would never
have been convicted by the superior
court.
Hints at Illegal Transactions
About this time it became known that
the district attorney would begin a re-
bate investigation, and Sappenfield per-
haps in revenge, intimated that he
could lay bear records of the Santa Fe
freight transactions that would in
criminate the officials of illegal rebate
paying.
Then it is alleged the dark plotting of
the Santa Fe officials began. Realizing
that Sappenfield would in all probabil-
ity go free after standing trial before
the superior court, and would under
such circumstances be a menace to
their welfare, the Santa Fe officials are
accused of putting into effect bit of
strategy.
A. j. Condee, who represented him
self to be mining man who had taken
pity on Sappenfield's plight, went to
him with the proposition that he would
help him financially to be rid of his diff
culties and pay his transportation to
his home in the east, if he could substi-
tute lawyers of his own choosing for
the firm then employed by Sappenfield.
Sappenf1eld consented, believing HIM
self the object of sympathy. The law
firm of Peck & Palmer, Riverside, be-
lieved to have been secretly in the
employ of the Santa Fe railroad, and
AiiOWA " DO WlIn Fe
high officials, were engaged to take the
young mans case.
These attorneys are said to have adj
vised Sappenfield that the Santa Fe
had consented to withdraw its
charge of felony against him to substi-
tute one of petty larceny, on condition
that he say nothing more about his
of rebates. He was further
instructed to plead guilty to the charge
Of petty larceny, the lawyers claiming
that he could then secure probation
from the judge by appealing for liberty
to provide for his wife and two young
children. He would then be sent east
with his family, he was assured, with
an air of great sincerity.
But Judge Smith of the superior
court, before whom the case was taken,
refused to grant probation, and Sappen-
field was placed in the county jail to
serve term of three months.