The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-10-28
NEW EVIDENCE
TIGHTFNS WEB
ABOUT TOMALTY
Work of Experts Reveals
Further FaIsificatiOn of
Treasury Books
Accused Man Remanded to Jail
Unable to Secure S30,000
Bail Bond
Searching Investigation of All
Connected With BanteI Re-
gime Under Way

Though the work of exporting the
books of James c. Tomalty, former
book keeper of the city treasury, is
sal incompleted, the authorities had
last night sufficient evidence culled
from the records, it was claimed, to
bring three and possibly four new
charges against James c. Tomalty,
now held at the city prison in default
of $4,000 bail
The alleged evidence gathered
against Tomalty is as follows:
That he destroyed certain leaves in
cluded in a loose leaf ledger, in which
was kept the account Of the county
clerks special fund. which it is con-
tended was looted OF $4,000.
That he made postings in his books
referring TO pages ] and of the
county clerks ledger, when there were
no such pages.
That the disbursement Of $4,000 is
charged against the absent heirs fund,
while for many years there was no
s., 900 item in that fund, nor any COM
bination Of items that. would make
$1,000; or. have any sums been with
drawn from that fund for years save
for taxes.
That the books Of the auditor shows
that no charge OF $4,000 was reported
against the public administrator fund
April IL the date on which Tomalty s
books show a payment was made.
The new evidence from the books
was gathered by Theodore kytka and
Frank Newell Of the firm of Herrick &
Herrick, accountants, who were called
iu by Harry McKannay, secretary to
M4yor Taylor, to Investigate the books.
~ incomplete report Of Newell was
placed at the disposal of McKannay
and the district attorney last evening.
Thursday evening Newell viii have
finished his report and viii present it
10 the mayor.
GRAND JURY MEETS
The grand jury met yesterday after
noon and was 10 have taken up the
Tomalty case. but on the recommenda-
tion Of District Attorney Langdon and
Assistant District Attorney Robert w
Harrison the investigation was post
poned until Monday next
Neither Langdon nor Harrison would
say why the postponement was made,
but 1t is understood that neither-Theo-
dore Kytka, the handwriting expert,
nor Frank Newell the book keeping
expert, had completed their work.
Both viii be prepared TO present evi-
dence before the grand jury Monday.
It is contended that the work done
by Kytka Will substantiate the findings
Of Newell.
Tomalty is stiu in Jail. His arraign-
nent was continued in the police court
until November 4. A motion for a re-
duction Of bail was made by Frank
Costello. one of his attorneys, and was
denied Late in the afternoon stephen
Costello. who is senior counsel for the
defendant. said that no effort viii be
made TO secure release on bail nor a
reduction until the report Of the eX-
perts have been made.
With Tomalty in jail and his books
under the merciless scrutiny of the
experts, the detectives working with
the district attorneys Office are en-
gagged in searching for the book
keepers alleged accomplices, for il is
contended that if Tomalty did alter
the books with felonious intent and
for the purpose of embezziement, he
must have had confederates who had
access 70 the city funds. Suspicion
has been directed against David Davis,
formerly chief deputy treasurer and
having teller. and Fred Winters, re-
cefving teller. Investigations were
made yesterday into their recent pur-
chase Of property.
EXPERTS INVESTIGATION
G The work of Expert Newell as made
NoubIic last evening covered his investi-
cations into the Justification of the
record Of the public administrator S
fund. through which, il is alleged, SO,
600 was lost to the city; the falsifica-
tfon Of the record of the absent heirs
fund. which is said to have been looted
Of $4,000. and the police court bail
fund account, the alleged alteration Of
which has already led TO the arrest of
TomaIty. The investigation into the
$4,000 county clerk fund. which in
cluded the S37.572.79 tax payment of
the United Railroads. has not been
completed.
1t was claimed yesterday that
James Tomaity was close friend of
Peter McGIade, who was convicted on
a charge Of forging pay checks while
a clerk in the board Of public works
several years ago. In some respects
the present scandal is similar to the
McGlade embezzlements. McGlade
forged pay checks Of fictitious employees
Of the board. The district attorneys
force takes the stand that in the pres
ent instance false charges were made
against public funds to the amount OF
upward of $4,000 during the@chaotic
period following the fire.
Since the investigation into the
treasury once mas Deeu gong on three
important books and records which
were supposed to have been destroyed
in the fire have come TO light. They
are the police court bail fund record
the auditors cash book and the aud
itor's book OF daily balances. On all
the sheets turned into the auditor by
Tomalty was the recurring sentence
Books showing receipts and disburse-
ments OF April II are destroyed"
MISSING SHEETS APPEAR
Several of those. sheets are turning
up now like ghosts TO haunt the treas
ury officials
Theodore Kytka, the handwriting