The San Francisco call., 1909-09-08
FINDS WITNESS
; WHO SAW COIN
STOLEN DIVIDED
Prosecution Tomalty Case Pre-.
pares to Spring Big
Surprise in Court
Has Names oi G0-6etwesr and
Others Implicated in
Treasury Theft

That the funds alleged TO have been
stolen by James C Toma1ty. former
chief book keeper under Treasurer Ban
tel, were divided in an apartment in the
Duboce apartment house in Duboce ave-
nue. shortly after the fire is one Of the
surprises which viii be sprung by the
prosecution in the trial which was be-
gun yesterday before Superior Judge
William F. Lawlor.
The prosecution. so it is understood.
win produce 4 witness who was a party
TO the alleged transaction and who has
been induced, either through promise
OF immunity or otherwise, TO make a
fun confession OF what happened at
this meeting.
William F. Ryan, a salesman and par
ticular friend OF Tomalty, is the ma q
who is alleged to have carried the
money from Tomalty's Office TO the Du-
boce apartments in a suitcase. In con-
nection with the division, which is said
10 have occurred at that place. several
names figure.
SEVERAL PERSONS INVOLVED
Fred J. Winters. formerly clerk in
The treasurers' Office and later receiving
teller. and William Stansbury. also a
clerk, viii be called as witnesses. as
viii Frank 3. Lorigan, who called to
see Tomalty after the latter had been
placed in Jail.
Tomalty is on trial on the charge of
falsifying public records while he was
IN the treasUrers' Office. The sessions
yesterday were devoted principally to
The laying Of technical foundation tes-
Iimony, with Assistant District Attor-
neys Robert Harrison and William Hon
Cook appearing for the prosecution and
Herbert ChOynski and Stephen Costello
representing the defendant.
The direct testimony is based almost
exclusively on the condition of the en-
tries in the public records. In his open
ing statement Harrison declared that
while Tomslty was chief book keeper
ne was custodian of all funds turned
INTO the treasurers office with the ex-
ception of bail money. on which de-
manos for return were received through
The receiving teller and paid out through
mo the routine system OF the office
and stated that after the fire all of the
treasurer's books with the exception Of
(e general cash book were found to
Nts"e been destroyed.
FIGURES JUGGLED
Shortly after the fire. according TO
Harrison. Tomslty conceived the idea
Of. changing the entries in the Office
accounts and so Juggled the figures as
10 make an item of 36e5 appear TO be
s5,oe5. Subsequently q demand was
made for payment out of this sum.
and discrepancies were discovered.
Then, as Harrison declared TomaIty
removed eight pages from the ledger in
order 10 make his accounts balance
The evidence produced by the prose-
cution is expected to show that about
$4,000 disappeared from the treasury
Immediately after the fire. 1t will also
be shown that Mrs. Mary C. Devlin.
Tomaltyis sister in law, purchased
house in Ashbury street and furnished
II At q cost Of about $4,000 and that
she disappeared the da before she was
10 have been summoned as a witness
before the grand jury II will be ar
sued that this purchase was made with
2 portion Of the money alleged TO have
been stolen Immediately after the fire.
Registrar Harry Zemansky, the first
witness, testified that he had sworn
Bantel into once and that the records
Of the lstter's Office had been destroyed
IN the fire. David Davis. formerly re-
ceiving teller and chief deputy in the
rressurer's Office under Bantel. identi-
fed the books Of the Office which were
produced in court and also identified
entries in these books made in Tomal-
tvs handwriting.
Among the entries which Davis as
serted were made by Tomalty was one
OF s5,6O5. tallying with that mentioned
by Harrison. another for $4,000 under
date OF April "A, 1906, in the public
administrator account, and another for
IS 900 in the absent heirs account. all
of which he said had been entered after
the fire.
Although these entries are assumed
BY the prosecution TO have been made
tor the purpose of concealing the al
legged theft OF money. Davis testified
Eader cross examination that he did not
, -elieve there had been any misuse of
funds in the Office for the reason that
i such had been the case there would
have been an ONCE rumor concerning ii
and that no such rumor ever existed.
The case will be continued at 10
o'clock this morning.
DTCH COTTON d. ANTED