The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-10-28
Tomalty Now Faces New Charges
Continued from Page 1. Column 1

expert, has been working over a mass
Of documents. He would not discuss
the case in any detail last evening, but
said that he was confident that the
position of the district attorneys Of
fee would be sustained by the exhibit
he was preparing in the case.
The reputed fraudulently entered dis
bursement of $4,000 charged against
the public administrators fund is said
TO be the center of several suspicious
incidents. A cross reference was made
from the entry in the ledger to another
volume, when it was later discovered
that the reference could not be verified.
so the original figures were erased and
new ones made
Harry McKannay said last evening
that while he did not care TO go into
the case in detail he was confident
that the charges against Tomalty
would be proved.
Assistant District Attorney Harrison
said that the grand jury would prob
ably take up the case against Tomalty
and other officials In the treasury un-
der the Bantel regime at the next meet
ing.
AT 1890 o'clock yesterday morning
Tomalty was taken into Judge Cabaniss
court. where he met his wife. and one
of his counsel, Frank Costello. AS
soon as the case was opened Costello
moved that the formal arraignment be
continued for a few days. Assistant
District Attorney Duke. who appeared
for the people, did not resist the mo-
ton, and the court set November as
the date for the formal arrangement.
Costello again addressed the court,
asking for reduction of the bail bond
Of $4,000, basing his argument on the
ground that the amount asked was pro-
hlbitive and that 1t was customary to
NIX the amount at not more than twice
the amount alleged to be involved
Duke replied for the prosecution. Ad-
hitting that the amount in the COM
plant was only $5.605. the assistant
district attorney with sarcastic empha-
sis said that he had had a conference
with the district attorney which con-
WINGED him that the entire amount in
volved did not appear in the one COM
plant
Evidence has been secured which
shows that the amount involved is
much nearer to $4,000 than S.. 900, -
said Duke. Continuing, he declared
that the district attorney requested that
the bail bond should not be reduced, at
least until the grand jury had had an
opportunity TO investigate the matter
thoroughly.
In view of the stand taken by the
district attorneys office, Judge Cabaniss
refused 10 grant any reduction in the
bail and remanded Tomalty to the city
jail pending the furnishing of the 500
600 bond or $4,000 cash.
Throughout the arguments. which
TASTED for about three-quarters of an
hour Tomalty's wife sat beside him.
occasionally whispering to him. After
the arguments were finished and court
ADJOURNED the prisoner was allowed to
spend about half an hour in the court
room with his wife and counsel.
1 can't furnish that amount of bond -
said Tomalty as he was on his way
from the courtroom to the city prison.
suppose that the next thing thew
viii be saying will be that / GOT an
express wagon TO carry the money
away"
At the city prison last night Tomalty
said he had given up hope of being
able to secure bail
I told my folks today that thew
might as well quit trying to get bond
for me. I am willing to wait here for
trial rather than be a burden on nv
friends"
On being asked to explain the incl
dent of his leaving the key to his
safety deposit box with his wife when
he was arrested, Tomalty said: