The San Francisco call., 1909-09-14
LAWYER WRANGL[S
WITH TIE EXPERT
Mysteries Of Analytical Chem
istry and Microscopic Meas
urement Puzzle Jurors
Witness Testifies That False
Entries in Ledger We're
Made Before the Fire

Inc jury IN JuuSc LdWioI > coui = III
the case of James G. Tomalty, charged
with the Justification of records while
chief book keeper in the treasurer's
office under Treasurer Bantel, delved
yesterday into the mysteries of science.
Analytical chemistry and microscopic
measurements were subjects that took
up the greater part of the morning
session, and the discussion resulting
from the inquiry led to several warm
arguments between Herbert Choynski,
attorney for Tomalty, and Theodore
Kytka, the> handwriting expert called
as witness by the prosecution
Kytkas direct examination was con-
cluded by Assistant District At
tOrney Harrison early in the
morning. The last of the wit
ness Photographic enlargements OF
ledger entries in the treasurer's books
were identified, and Kytka explained
the methods by which he arrived at the
deductions regarding the authorship OF
these entries. His testimony In this
regard was a complete corroboration
of the testimony of Deputy Attorney
General Raymond Benjamin regarding
admissions made to him by Tomalty
during his investigation of the latter's
books
INK USED BEFORE FIRE
Kytka testified that all entries under
date Of April 16, 1905. in the county
treasurer's general ledger were in To-
malty's handwriting and all except
two were written with the ink used
in the office before the fire. The two
exceptions consisted of the entry of
$4,000 in the absent heirs account and
the first figure in the entry of $5.605
tn, fI@a x,11f ,rk Ixrs
entries, he declared, were made with
the same ink used after the fire. All
the entries of April II were also writ
ten with the latter kind of ink, which
fact bore out the statements of other
witnesses that the ledger was not post
ed until the day following the receipt
or payment of money. The claim of
the prosecution is that the accounts
of April II were not posted until after
the fire and that the changes in. the
accounts of April 16 were also made at
that time The book entries were shown
to the jurors under microscopes of a
special design, which Kytka explained
had been built especially for him for
this kind of work.
MYSTERIES of CHEMISTRY
On cross examination, Choynski de-
voted most of his time to quizzing
Kytka regarding his qualifications to
testify as an expert. He took up the
subject of the manufacture of inks and
it took but few questions to lead the
discussion to point where the jury
was hopelessly lost. Choynski kept
pace for time with the scientific ex-'
PLANTATION he had started, and then he.
too, was fioundering beyond his depth.
Kytka testified at length concerning
his knowledge of chemistry with spe-
cial reference to the manufacture and
70 fiv1cr nf fr,E ar,1 6xr xrrff1 y
several quick answers for Choynski's,
contemptuous references to the SUBJ
ject. The court reprimanded the latter
on one occasion for referring to
Kytka's instruments as 'jiggers,'' and
Choynski explained that he did not
think they should be dignified with
the names given them by their owner.
GIVES QUICK RETORT
On the question of photography, the
tilt was renewed in a similar way.
isn't it true, asked Choynski. that
photographers practice all kinds of
tricks to get the results they want?"
Not nearly so many as lawyers do
in practicing their profession re-
torted the witness.
j. +. Winter, who was first bail
clerk. and later receiving teller under
Treasurer Bantel and who was sue
ceeded as bail clerk by William Stans-
bury, was called as a witness after
Kytka was excused. His testimony
dealt exclusively with the routine of
the office and with his method of keep
ing books. He said that every item rer
ceived from the warrant and bond
clerks office was posted into his ledger
and that no bail bond was paid unless
an entry was found concerning it,
either in this ledger. or on, the sheets
sent from the warrant and bond clerks
office. He will continue on the stand
this morning.