The San Francisco call., 1908-10-31
TOMALTY RELEASED
FROM CITY PRISON
Secures Reduction Of Bonds and
Book Keeper for Treasurer
Gets His Freedom
State Files Civil Suit Against
Charles Bantel for RecOv=
cry of Sl4,l6z.oz

c. Tomalty from Jail, yesterday morn
ing. after his bonds had been reduced
half, and the fling of suit In
Sacramento by the state of California,
through State Controller A b. wye
against former City Treasurer Charles
A. Bantel and his bondsmen, the Aetna
indemnity company. for the recovery
of the s14.16296 in taxes, which IT Is
alleged was looted by Banters clerk
Tomalty, were the only features de-
veloped in yesterdays investigatlon
into the disappearance of the $4,000
from the city treasury.
Tomalty was released from custody
yesterday morning. on reduced bonds
of $4,000, accepted by Police Judge
Cabaniss and agreed to by District
Attorney Langdon. The reduction was
made after the district attorney had
visited Tomalty in his cell
When court opened the district at
torney and stephen Costello. Tonalty's
attorney, were present. The district
attorney, addressing the court, said:
Il have just visited Mr.. James To-
malty in the city prison, and have OBJ
served his condition, and have come
to the conclusion that it will probably
work a very great hardship upon him
not a hardship in the sense that
mere Incarceration involves, but fear
that there may be permanent injury to
his health If he should be confined in
those surroundings for any consider
able length of time. Having viewed
him and having come to that conclu-
sion, / sent for Mr.. Costello, his attor-
ney. and stated that / would be willing
to make motion, or rather consent
to motion being made, to have his
bail reduced to $500 cash or $4,000
bonds. l am advised by Mr.. Costello
that he can get that bail, and I would
also ask Mr.. Costello to stipulate. 1t
being agreeable to the court, that Mr.
Tomalty when he is released, report
every morning at o'clock and after
noon about 5 o'clock at the district at
torney's office, or. when he is not able
to leave his room, that we be permit
ted to send one of our men to see that
he is there at his home"
This is agreeable to the defend
ant" said Mr. Costello.
Costello then made his motion for
reduction of the bail. which was at
once granted by the judge.
RELATIVES GO ON BONDS
Bonds were promptly accepted. the
sureties being Mrs. Mary Devlin, SCI
Ashbury street. sister in law of To-.
malty, for $4,000 and Mrs Annie
Campbell, 1927 McAllister street. wife
of Mrs. Tomalty's brother; Peter
beth Fegan. 8 Alemany street. and j.
D. Mclaughlin, ship calker, Vallejo.
$4,000 each.
Tomalty's wife had remained in the
cell with him all night and was with
him when Attorney Costello brought
the order of release to the prison
keeper Mrs. Devlin and Mrs Camp
bell led him from his cell to waiting
hack and he was so weak that he
could scarcely walk. His face was
drawn and haggard and he seemed to
be in a dazed condition.
Costello said after Tomalty's re-
lease that as soon as Tomalty had re-
covered experts would be employed to
examine the books of the treasurer for
the defense and he felt assured that
| they would be able to show there was
no shortage.
The complaint filed at Sacramento
| by Attorney General Webb makes no
allusion to Tomalty. the allegations
merely stating that the state has de-
| manded the sum and has been re-
| fused it by City Treasurer John E. Nc
Dougald, who claimed he had never
received the money from his predecessor
| in office, Bantel. 1t states also that the
! states share of the s37 ,572.79 in taxes
collected from the United Railroads
was paid over to Bantel when he sue
ceeded McDougald in Office in Janu-
ary. 1906.
rOMALTY HURRIED HOME
| When Tomalty was released from
prison yesterday he was hurried to his
home, SCI Ashbury street DR.. Bar
bat. the family physician. was called
and advised rest and quiet.
Assistant City Attorney Jesse Stein
hart stated that he was waiting
for the report from Herrick &
Herrick, and that he would wait un-
! til it was received before drawing up
his complaint for civil action against
Bantel and his bondsmen for the re-
covery of the city's share of the money.
S37 900.
| Expert Kytka reported to Assistant
! Attorney General Benjamin yesterday
afternoon that he had finished photo
graphing the books and that the prints
were ready to be submitted to the
grand jory
Attorney Steinhart and Deputy Attor-
ney General Benjamin held short
conference in the latter's office in the
Humboldt building yesterday after
noon, at which they discussed the evil
dence already secured and laid plans
for a more exhaustive investigation.
Both refused to state whether more
arrests were to be made. but inti-
mated that suspicion pointed strongly