Los Angeles herald., 1908-05-07
DECLARES SCRIP WAS
IN VIOLATION OF LAW
SUPREME COURT MAY PASS
ON ODD CASE
Former Secretary of Walters Union
Found Guilty of Forgery and
Attorneys File Notice OF
an Appeal

Gilbert E. Collins, formerly secretary
of the walters union, living at 135
East Seventh street, was found guilty
of forgery by jury in department one
of the superior court at 8 o'clock last
night, and will be sentenced by Judge
w. p. James May 10.
Collins, whose brother also has been
in Jail, charged with completely in the
same offense, was accused of raising a
81 scrip certificate issued by the Los
Angeles Clearing House association to
$40, November 27, 1907, and assisting in
having 1t cashed for coin.
Notice of appeal has been made and
it Is probable that the supreme court of
the state will have to pass on whether
or not the original issue of scrip was
valid and whether 1t is possible to
forge an instrument if 1t is itself illegal.
AT the trial today a representative OF
the Los Angeles Clearing House associ-
alton testified that the scrip was issued
for business reasons and was circu-
lated as money, or "in lieu of SUCH"
Deputy District Attorney G. Ray Hor-
ton prosecuted the case for the people,
and his witnesses, Detectives Ziegler
and Williamson of the city police force,
testified to the arrest of Collins and
the finding in his room of pen, ink,
mucilage and brush with which the
raising of the scrip was said to have
been done. The landlady of the room
ing house told of finding g. paper
marked with pen sketches of figures
after the arrest.
Declares Scrip illegal
Attorney William Rex, before at
tempting to offer any evidence made a
motion to Judge James that the case be
dismissed on the ground that it is i'm
possible to forge an instrument or docu-
ment that is itself illegal
I'VE have before us the testimony OF
an officer of the Clearing House associ-
alton that this scrip was circulated as
money, and now 1 would like to bring
| to your honor's attention section s
article XII, of the constitution of this
state. 1t reads:
"'No corporation, association or indi
vidual shall issue or put in circulation
as money, anything but the Lawful
money of the United States
Il also would like to call attention tc
section GAS of the penal code of this
state, which reads:
| Livery person who makes or puts ir
circulation any bill, check, ticket, GER
| tificate, promissory note on the pay
ment of any bank, to circulate as
money, except as authorized by the
laws of the United States, for the first
offense is guilty of misdemeanor, and
for each and every subsequent Offense
is guilty of felony"
AS the youthful prisoner leaned
across the table, Attorney Rex added:
"It has been testified to here that this
scrip was placed in circulation and used
as money. 1t is common knowledge
that 1t was issued as such and was
used as SUCH"
Judge Ignores intent
Never mind the intent. 1t was mere
ly an order for the payment of money.
What was its legal status?' queried
Judge James
"It was intended for money" insisted
Attorney Rex There is penalty
clause attached to such an issue, and
If the issue is contrary to the law and
branded as a felony, no charge of forg-
cry can stand"
IT will deny your motion. 1t is a
question for the supreme court to de-
cide," said the judge. dispassionately.
1--WE will try to give you every means
to get the record straight. The motion
is denied
Argument by the attorneys occupied
the time until O'Clock, when the case
was given into the hands of the jury,
after instructions bv Judge James.