The San Francisco call., 1909-09-11
FALSE ENTRIES
ARE SHOWN IN
TOMALTY TRIAL
Handwriting Expert Exhibits
Photographs of Entries in
Books of City Treasurer
enlarged FacsimIIes Show Diff
ferent Shades of Ink in
Entry of S5,605

Visual testimony relating 10 former
Chief Book Keeper James c. Tomalty's
alleged Justification of records in the
tressurer's office was presented as the
closing incident of a day of interesting
developments yesterday in Judge Law
ior's court A canvas covering was
drawn from a large screen IA by feet
IN size, which has stood draped in the
courtroom since Tomalty's trial began,
and there was displayed to the jury a
set of greatly enlarged photographs OF
several OF the entries which are alleged
10 &c false.
The exhibition of the photographs,
with an accompanying explanation by
Theodore Kytka, handwriting expert,
marks the beginning of the prosecu-
tion's corroboration of a case already
established against the defendant
through the testimony of Deputy Attor-
ney General Raymond Benjamin The
latter went into the details of his eN-
animation of Tomalty's books during his
testimony yesterday and repeated ad-
missions made to him by Tomalty con-
cerning the making and changing of
various entries.
PHOTOS SHOW DIFFERENT INKS
Kytkas expert testimony is expected
TO prove the truth of the prosecution S
theory and serve as a check upon the
assertions made yesterday by Benja-
min. The unveiling of the photographs
was almost startling in its effect, COM
ing a s il did upon the heels of Benja-
minis assertions that the ink used in
raising an entry of S6O5 to s5,6O5 by
the prefNing of the figure was so
different from the ink originally used
that the change was apparent TO the
naked eye.
When the cloth was removed from
the screen the difference which Benja-
min had explained Ioomed up in a
manner 10 remove every doubt, and the
sOrors crowded forward to inspect the
exhibit. The figure in the entry re-
ferred to. even in the photograph,
showed paler than the other figures of
entry, but corresponds in every detail
OF chirography to the admitted exem
plar Of handwriting beside it.
EXPERT EXPLAINS METHODS
Kytka had no opportunity to explain
deductions by which he arrived at the
conclusion that Tomalty was guilty, as
his time was taken up with the identi-
dcation of the records from which his
photographs were made, and the neces-
sary testimony TO establish him as an
expert witness. He explained the oper-
alton Of some of his instruments for
microscopic work and the peculiarities
Of lenses by which he stated he was
able to discover any difference in Gle
shade of ink. His testimony will -oc-
cupy the greater part of Monday, when
the trial is to be resumed
Benjamfn's testimony involved long
explanations of expert book keeping.
He told of examining the treasurer S
books to trace $4,000 of United Rail-
roads taxes as a preliminary to civil
suit by the state, and how the investi-
cation finally convinced him that
wholesale tbefts had been committed
in the treasurer's office subsequent to
the Smith embezzlement.
BENJAMIN QUOTES TOMALTY
The way was opened for the investi-
cation by a decree of the supreme
court ordering a distribution of the
United Railroads tax fund, under which
the state was to receive about $4,000.
Benjamin found that at least a part of
the money was missing, and Tomalty
assured him il was not in the treas
urer's custody. Then the telltale figure 5
was found as the prefix of an entry of
IS SOS in a special account. Benjamin
told how further investigation resulted
in the discovery of the method by
which about $4,000 had been stolen
and how TofnaIty was shadowed and
then put under arrest.
Tomaltx. according TO the witness
admitted TO him that the figure 5 was
in his handwriting and also the alleged
false entry of $40, 900 in the public ad-
ministrator's special account. AT the
same time he told Benjamin that he
did not believe the s37 900 which the
United Railroads was said to have paid
had ever gone into the treasurer's Of
fee.
SHEETS TAKEN FROM LEDGER
BY checking up the accounts entered
IN the special accounts and subtracting
this total from the total for all special
accounts as reported to the auditor ]
found the amount of the missing ac-
count" said Benjamin. 1T was in this
Way that / found out how much was
missing on the sheets taken from the
ger eraI ledger. Then ] showed Tomalty
l3v checking up that this was the sum
and he figured 1t out himself and
agreed with ne / said. Jim, there's
no use lying to me. Where are those
pagesg He said. I don't know"
Benjamin also declared that during
one OF the interviews with Tomaltv
Postmaster Arthur Fisk said to him,
r-If you are protecting anybody you had
better come out and tell IT. and To-
naIty answered, Il have nothing to
do with handling the cash myself and
r,rofecffnO anrhodv's