Los Angeles herald., 1908-01-16
.BLAMES BANK
FOR LOSS OF
SECURITIES
BARNETT TRIES. TO SHIFT
RESPONSIBILITY
Disappearance of Cotton Papers Comes
Up for Discussion at Hearing
of Administrators Final
Report

BY Associated Frtss.
SANTA CRUZ, Jan. 15.--Today being
the time set for hearing the final account
and report of w. J. Bartnett, special
administrator of the Cotton estate, the
cast was regularly called in the superior
court at 2 clock by Judge Smith.
BY stipulation of the attorneys the
hearing of the final account and report
was set for Monday, February 8, at III
d. m. This was done In order to secure
dispositions of witnesses outside the juris-
dIotion of the court; and whose testimony
is necessary to the report and account
already filed.
The report and account, which are eX-
ctedingly voluminous, would seem to sue
cessfully shift the responsibility of any
Irregularities that may exist. In his ac-
count Bartnett alleges the money and
securities were, by order of the court,
placed in the California Safe Deposit and
Trust company. =,
As his employee the bank received all
interest and dividends accruing thereon,
except certain sums which he deposited
himself and which amount to $500.
lie declares that certain books ana
records of the bank were destroyed IN
the fire of April Is, 1906.
5lames Bank
The report also alleges that the bank
acknowledges : having received certain
amounts which in reality It did not re-
ceive, and that certain amounts were
received which were not stated in the
account rendered MIN, the inference temg
that whatever irregularities exist i'm the
accounting are due to the bank and not
to himself. lie declares that the balance
which should be in the hands of the bank
at the present time is $1O5, 4Sl9S
Many of the bonds which had been
regarded as missing had matured and
had been taken up and the money de-
posted in the bank. His report further
declares that during the great fire OF
April 1906, number of securities were
partially destroyed and he has not been
able to have them reissued.
SAN FRANCISCO, Jan. 15.-J. Dalzell
Brown and Walter J. Bartnett ,ormerly
general manager and vice president, re-
spectively of the insolvent California
Safe Deposit and Trust company, charged
with embeZzlement and alleged to be
responsible for the wrecking OF that IN
stitution, began their fight for hperty
before Superior Judge Dunno this morn
ing by attacking the validity of the IN
dictments returned against thenl' anu met
with their first defeat.
Attorney Hiram w. Johnson, on behalf
of Brown, attacked the legality of the
indictments on statutory grounds winch
questioned the qualifications of the grand
Jury in this matter because several menu
bers of it were depositors in the wrecked
bank. He moved that the indictments
be set aside on the ground that several
grand Jurors, as creditors, sat In 1uog-
ment upon a debtor and therefore could
not act impartially and were biased ana
prejudiced against the defendant.
Grand Jurors Last
Several members of the grand jury were
called " johnson and testified TO haVlns
lost sums varying from $l4S to Slooo II
the failure and that while they held tht
officials responsible for the failure ano
naturally felt indignant over the loss OF
their money, declared that they Were
not biased nor prejudiced in voting the
indictments.
Assistant District Attorney Cook siren
uously sought to shut off the line OF
questioning followed by Johnson, pu'
with one or two exceptions was over
ruled by Judge Dunno.
johnson, in addressing the court upon
his motion, declared;
''Wben you take a mans money you
rome pretty near touching his sentiment,
and argued that the grand jury was as
qualified. contending that several mem
hers were in the position OF creators
sitting in Judgment upon deptor'
Judge Dunno denied the motion'
Johnson asked and was granted twenty
davs to prepare a bill Of exceptions' al
the same time he interposed demurrer
to the indictments.