The San Francisco call., 1908-10-26
Book Keeper Tomalty Fails to
Get Bail and Spends Night
in City Prison X
Grand jury May Be Called in
Special Session to Probe )
Treasury LOoting :
Employees of Bantel Declare
Shortage Huge Clerical Error /
Just Come to Light


What is declared to be ad-
ditional evidence that the
books of the city treasury
had been tampered with to-
cover up a $62, 900 shortage
was produced by the experts
working on the case in a
conference held yesterday.
James c. Tomalty, former book
keeper OF the department, who IS
being held in the city prison on
a charge OF having falsihed a
public record, was unable TO Sc
cure bail and spent another night
in jail. No further arrests have
been made.
Present at the conference
which was held yesterday in the
office of Theodore Kytka. Handwriting
expert. lasting from 10 O'Clock in the
morning until late in the afternoon.
were Raymond Benjamin. assistant at
torney general; Jesse Steinhart, as
sistant city attorney; Lester Herrick.
expert accountant; Theodore Kytka
and two assistants from Herricks Of
fice
New instances Where figures had
been changed in the books of the
treasurer's office at the time of the
earthquake were brought to light and
in each case the changes We're made bv
Tomalty. in the opinion of the ex-
perts. The accounts which received
most attention yesterday were those OF
the county clerks special fund, and the
police court bail records
After the new features of the case
had been thoroughly discussed, the
work of getting the report of the ex-
perts into shape for presentation 70
the grand jury was commenced aud
probably will be completed By Tues
day.
1t was reported last night that the
grand jury would be called together
Tuesday to take up the matter of the
footing of the treasury, but the report
was not confirmed.
Harry G.. McKannay, Mayor Taylor's
secretary vigorously denied that i'm
munity had been promised to any one
suspected of being implicated in the
matter, and added that there would be
no such promise made. the evidence
already obtained being sufficiently
strong to warrant proceedings Other
wise the complaint would not have
been filed against TOmalty, it was as
serted.
MANY FRIENDS CALL
Tomalty was kept busy conversing
with friends and relatives who called
on him at the city prison during all Of
yesterday. Up to late hour last
night he had not secured the $4,000
bail bond required. but said that his
brother was endeavoring to arrange
the matter. The accused man has not
retained an attorney as yet, but that
will probably be attended to today
Among those who called on the pris-
oner yesterday was Frank B. Lorigan.
formerly an assistant TO Tomalty in
the treasurer's Office. LOrigan spent
more than two hours with the accused
man, which time was taken up In
earnest conversation. Replying to
questions on leaving the prison, the
visitor said:
II am firmly convinced OF Tomalty's
Innocence of any wrong doing, and sim
plv called to cheer him up in his dis
tress and offer any help that I possibly
could / know this mans record well
and can not believe that he would
deviate from the path of honesty He
Is straightforward. and there Is not a
vicious trait in his makeup He has
numerous friends, because he has al
wavs been fair and square. i was en-
ploved in that office and / am firmly
convinced that there is not any short
age. but that this boy is the victim OF
some unfortunate mistake.
Discussing his case last evening.
Tomalty said:
II have no further statement TO
make in regard 10 the charge against
me other than that I am innocent OF
anv wrong doing. and it viii be proved
in the end All day I have been rack
ing my brain to try to recall the cir
cumstances surrounding the raising OF
the figures in question. That occurred
almost three years ago. however, and
when you take into consideration the
fact that thousands and thousands Of
transactions have taken place since
then and the confusion at the time OF
the earthquake. it seems impossible to
remember. Any man who has ever
handled books knows that mistakes
occur which necessitate the scratching
out of figures and making OF new
ones.
Il have lost valuable position. my
reputation has been ruined and ] am