The San Francisco call., 1908-07-03
BARTNFTT FAILS
TO OBTAIN BAIL
Disgraced Banker Spends One
More Night in the Coun-
ty Jail

w. j. Bartnett, the convicted banker,
was unable to obtain sureties yesterday
for his release on bail pending de-
termination of his appeal and again
spent the night in the county jail. As
sistant District Attorney William Hoff
Cook Is of the opinion that Bartnett in
tends to try to put up stock which the
California safe deposit and trust COM
pany held In trust for the Pacific Coast
investment company as part security
for his bail. The stock In question con-
sists of shares in the Universal securi-
ties company.
Cook has in his possession a letter
from Bartnett to J.. Dalzell Brown,
written on October IT, 1907, stating that
Bartnett had purchased $4,000 worth
OF stock of the Universal securities
company and was holding 1t in trust
for the Pacific Coast investment COM
pany. which put up $4,000 of the pur-
chase money, Bartnett securing the re-
mainder of the $4,000 by floating
loan.
Cook believes that the stock was
hypothecated by Bartnett as security
for his bail prior to the trial and that
the disgraced banker is trying to put
1t up again to secure the bail he is now
endeavortng to raise. If he does so,
the assistant district attorney points
out, he will violate a trust, because the
Pacific Coast investment company.
Hoff Cook explained yesterday that
the suit brought against Allen Griff1ths,
brother in law of Bartnett, by the
Mutual savings bank to foreclose on
Sacramento gas and electric railway
bonds deposited as security for prom
issory note for $4,000, throws light on
another instance of breach of trust by
the California safe deposit and trust
company with the knowledge of Bart
nett. Brown and Treadwell. Some
$4,000 or 100000 worth of securities
placed with the bank for safekeeping
by man named Chapman of Boston
was wrongfully delivered to the Mutual
savings bank as security for loan,
Just as the Cotton securities were hy-
pothecated. When the smash came
Chapman demanded his securities
Brown, Bartnett and Treadwell hustled
round and managed to raise $4,000 and
Grlhths was sent with the money to
redeem the securities. This took place
about November Z. 1907.
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Manson. Haven declared that there
was no contradiction at all; that the
later paper cleared UP a doubtful
point in the earlier statement Nc
Cutchen demanded that Manson be put
on the stand, but Haven said 1t was
not the theory of the defense to con-
duct the case with oral testimony
that 1t offered too much avenue for
delay.
Haven concluded the afternoon ses-
sion by reading from the testimony
of Captain A. II. Payson, president of
the company. and from the af1davits
OF Harry Schwartz. who give quota
tions on Spring Valley stocks and bonds
on the stock exchange; Assessor Wash
ington Dodge, who stated that the
franchise of the corporation was not
assessed. and A. Wenzelberger. the
publtc accountant, who swore that the
tangible assets of the company in 1903
were worth s25,55S, ,10o.Os. and that i'm
provements had been charged to oper-
ating expenses
The affidavit of ]. H. Dockweiler, ex-
pert engineer for the city in the water
litigation. was served on the complain
ant yesterday. This affidavit covers
many points at issue, but does not in
clude Dockweiler's Independent esti-
mate of the value of the Spring Valley
property. which is included in another
affidavit.
DOCKWEILER SHOWS ERRORS
Briefly Dockweiler declares that he
examined the books of the corporation
as far as he was able, but found that
several cash books were missing, thus
preventing him from making an
analysis of many items. He saws large
sums were paid by the company for
land, but the details of the purchases
were not available
The officers of the company did not
deem 1T expedient to permit an examina-
ton of those books" declares the
aftiant. He adds that the company
could have supplied him with data con-
corning the cost of construction work
in 1904, but would not
Tn -
man Schussler, chief engineer of the
Spring Valley company, that the pipe
lines OF the company should be laid by
separate routes, Dockweiler states that
in some places the lines leading into
the city are not 90 yards apart while
in other places, where they were three
miles apart. they We're destroyed by
the earthquake. In contradicting
another point made by Schussler, Dock
weller asserts that the Crystal springs
dam can not be filled by water from its
drainage basins. If 1t be used to supply
the city. He questions, also, the
riparian rights of the company to the
complete control of the Alameda water
shed.
In the matter of the Tuolumne project
Dockweiler asserts that 1t is an ideal
source of supply for the city. In con-
clusion Dockweiler asserts:
That there was water sufficient in
the city reservoirs on the morning of
the earthquake, to wit, 72,000,000 GAL
Ions, equal to two days supply; that
had the main feeders been laid on solid
ground, with a view of avoiding the
filled in and marshy ground water
would have been available for the fire
department, and the destruction of the
city would have been avoided"
DIR. E. ]. Creely, located 1878 Market st. spe-
cial wards for cats and dogs Phone Mrkt. 2670.s
SAILOR PROVES INNOCENCE