The San Francisco Call. Newspaper, December 4, 1898, Page 1

wodj uaxe; aq + 4+ 4 AaeIQIT Y3 jou-uaded sy 0} The Call Vi VOLUME LXX 0. 4. SAN FRANCISCO, DAY, DECEMBER 4, PANAMA CANAL CAN NEVER BE FINISHED M.MAURICE HUTIN RNER MILLER TWO OF THE MOST PROMINENT MEN INTERESTED IN TRANS-ISTHMIAN CANALS TO CONNECT THE ATLAN TIC AND PACIFIC OCEANS, Interference of l_t s Promoters With the Nicaraguan Project Styled Astounding Effrontery. 0000000000000 000O WASHINGTON, Dec. 3.— garding the conference, been received from Consul This is considered as a de mitted to Secretary Hay by ma. company was that an ready for ‘navigation within lowed the company to compl C00000000O0O0000000000 C0C00000000000000C00CO000000000000000] EW YORK, Dec. 3.—Ex-Senator ‘Warner Miller, who was at the head of the Nicaraguan Com- pany, in a public statement. .to- day ting the fact that rep- resentatives ' .of the Panama ' Ca- nal Company are reported to have gone to .. Wachington: supposedly - to ‘oppose the building of the Nicaragua canal, he looked upon it as an “astound- h piece of effrontery on thelr part.” Mr. Miller calls attention to a mes- sage sent to Congress by President yes on March 8, 1880, in’ which. he “The policy of this country r American control.” The cannot’ consent to the this ‘control te any -Euro- Ha Our commercial in- ater than all of. ‘the , ‘while its relations to our. power and prosperity as a nation, to _our of - def pea , ‘are mattérs of para- mount-.conc to ‘the people of .the United Stat : Mr: Miller then says: *“The Ameri can. "people wil have no' canal under any auspices save ‘theit. own—that of ent-—and if the Pan- er to be built it must iered to thé control of the ates. It will be remembered 1887 ‘a’ congr: met in Paris, calléd by Count de Lesseps; to consider the question of an isthmian canal. that congress Count de Lesseps gave it as: his opinion,:and it was.the judg- ment.of the entire assembly, that only 4. sea.level canal could be.constructed at Panama; that if a canal with locks to .be built the proper place to fld it was in. Nicaragua. The con- gress decided in favor of -a sea- level canal; and, of course, chose. the Pan- ama route.” Mr. Miller reviews the organization of the old' Panama Company, its work in.the United . States to -block the caraguan:scheme, the.failure of the company -and the formation of a néw . Panama Canal Company for the purpose: of keeping. alive the conces- sions from_ Colombia. ' Continuing, Mr. Millér says: “Now when there seems to be a great probability of .the United States Gov- ernment aiding the Nicaragua canal enterprise; the new:Panama Company appears'upon the scene to procure o prevent -legislation, mot with a large amount of money, but by the simple exercise of cheek.. They are-undertak- ing to fool -the American people with the: proposition that ‘Panama is- the proper- place to build a high Ievel ca- nal_with locks, which-De Lesseps and the ‘congress in Paris declared not fea- siblé. in-Panama, but feasible in Nica- Tagua. President Hutin claims to have solved the heretofore unsolvable prob! s"in connection with the. Pan- ama route. The Culebra Pass has been found, according to his statement, per- fectly” easy of :execution. But a com- mission of Frerich engineers sent over by .the French Government soon after ihe.fafluré of the other company made a*most voluminous report, which I have recently examined, and I do not find- anywhere’ in" it that the commis- sion has ever said that ‘the route was feasiblé. They all'say that if certain sossible contingencies did not happen the canal might ‘be constructed for something like $1,000,000,000. But this Mr. Hutin has whittled down to some- thing: like: $100,000,000. Mr: Miller then enters into an analy- sis, from an engineer’s point of view, as to the difficulties to-be overcome as to’'the construction of the Panama ca- nal,- and concludes by stating that in support-of-the claims of Mr. Hutin and his assistants we have only their state- ments. He adds: “They admit opéenly that they come here to persuade this Government or Congress to do something in favor of lke Nicaragua canal, for they know yery well that the moment it is decided by the American people, through their Government, that the Nicaragua canal 4hall be built, they cannot longer pro- their Own Govern was House to-day that the Nicaragua Canal question was coh- sidered by the President and members .of the Cabinet. Secretary Hay upon leaving would give no Information re- but sald a communication - had the House of Representatives of Colombia had rejected the petition of the Panama Canal Company to extend the time six years for completing work on the canal. prise, for one of the propositions said to have been sub- into with the United States to complete the canal and have is | or to any. combination of | se, our unity, | At| 0000000000000 GO00 It was stated at the White Hart at Bogota, stating that ath blow to the Panama enter- representatives of the Pana- agreement would be eéntered the remaining six years al- ete the work. 0000000000000 000000 | cure: money ‘from ‘the confiding people | of France to be wasted in an imprac- ticable scheme.” | PRESIDENT 1GLESIAS’ VISIT TERMINATES While in Washington He Favored an International Agreement as to | the Nigaragua Canal. | _WASHINGTON, Dec. 3.—President Iglesias said his adieu to President Mc- | Kinley to-day, expressing his deep ap- preciation for the official courtesies ex- tended to him: since his arrival. He |-made farewell calls also on Cabinet of- ficers in anticipz tion of his departure for New York, and after a week’s stay, | for London and Paris. Now that Presi- dent Iglesias’ visit is about to end it is | said by those near to him that nothing in the nature of an entente or formal treaty has come out of the. conference he has had with the public officials, but | that they have been productive of a | full understanding. Iglesias has made | It clear that he favored an international ag ment in which the three countries directly interested—the United States, Nicaragua and Costa Rica—should take common action to prevent any isth- mian channel from passing into the control of foreign powers. The authorities here, it is understood, have held that nothing in the line of international agreements .was feasible until ngress had definitely decided | upon a line of policy as to the canal. gt i | THE: CANAL =ROM A NICARAGUAN STANDPOINT resident Zelaya Doyes Nr¢ Intend to Extend the Concession of the Maritime Company. NEW YORK, Dec. 3—The Times say: At the request of President Zelaya Nicaragua, a personal friend of his has issued a statement presenting the status of the proposed Nicaragua Canal, from the Nicaraguan standpoint. After review- ing at some length the details of the Car- denas-Ménocal concession. which was exe- nsferred to the Maritime Ca- nal .Com the statement is made that the: company has done no construction work whatever since the concession be- came operative, and concludes as follows: “Any claim on the part of the Maritime Canal:, Company to any extension of its concession beyond October 9, 1899, would be treated as the merest effrontery. by the Nicaraguan Government. Nicaraguans re- | fuse to credit the rumor that the company | claims a right to an extension. The pre- tension seems so preposterous, so-wholly without justificatior. under the terms of the contract, or on a basis of equity, that it does not receive serious consideration. The Government of Nicaragua has now within the strict limits of its rights, and actuated solely in the interests of the re- public, granted to those who represent ability, experience and capital a contract to construct, operate and own the inter- oceanic canal and to attain that object the Government has not hesitated to grant to the new concessionalres the most liberal terms, IS SENTENCED TO LIFE IMPRISONMENT Punishment of Mrs. Sarah Shenken- berger for Poisoning Her Daughter-in-Law. INDIANAPOLIS, Dec. 3—A special to the Sentinel from Frans.ort, Ind., says: Mrs. Sarah Shenkenberger, charged with poisoning her daughter-in-law, was de- clared guilty to-night by a jury and sen- tenced to life imprisonment. The trial has lasted for two weeks and attracted much attention. Tue courtroom was crowded every with women, who brought _their dinners and ate in the room. The murdered gi¥l was a member of one of the oldest and best families in fort. A Sed with B Shenkenberger five years ago. They lived in various cities, and returned to Frankfort last summer. The young wife was sick, and was taken to her mother-in-law’s. She died, and, her stomach being examined, arsenic in large quantities was found. The evi- dence was convincing against Mrs. Shen- kenberger, although the defense tried to make it & suicide. cuted and tra ny, DISBARMENT OF BURKE IS RECOMMENDED Dishonesty of Senator and Judge. SECURED DIVORCE BY FRAUD OUTCOME OF CROOKED WORK IN OHIO. Trial Committee of the Cleveland Bar Association Exposes the Conduct of a Court and a Lawyer. Special Dispatch to The Call. CLEVELAND, Dec. 3.—The report of the trial committee of the Bar Associa- tion on the -disbarment proceedings against Senator Vernon Burke was presented at a special meeting of the association held this afternoon. The re- | port says in part: find that Judge Dellenbaugh, while acting as Judge of said.court, introduced &nd Sent {0 Mr. Burke Mrs. Edith Man- ning; that Mr. Burke performed services for her in connection with a settlement of a claim asserted by her against a woman for alienating the affections of her husband and in connection with the preparation and hearing of a divorce case | against her husband, and that Mr. Burke recelved from Mrs. Manning for these services about $3500, $1100 of which was pald him to Judge Dellenbaugh as follow - ?’c}oe Jn;ousanlxgmsdollars July 1895, and $100 July 18, 1895. From the evidence offered by Mr. Burke to establish the truth of the words so spoken the committee find that Mr. Burke is guilty of misconduct in his conduct as an attorney-at-law and in his relation to | the Cleveland Bar Association; that he wrongfully connived and conspired with Judge Dellenbaugh to procure a divorce for Mrs. Manning in an irregular man- ner, contrary to law, and without proper evidence, and in that he wrongfully con- spired with Judge Dellenbaugh to falsify a record of the Court of Common Pleas of Cuyahoga County. ‘We find that on October 28, 1895, four days before the expiration of Judge Del- lenbaugh’s. term of office by appointment said divorce proceedings were secretly heard by him as Judge, many months be- fore it could have been reported in its Tegular order, without any motion, affi- davits or order for its advancement, and without proper and_ necessary evidence being produced at the hearing; that sald case at the time it was heard was not docketed by title upon any docket or calendar of said court, and that no entry was thereafter made ugl)n any trial dock- et or calendar of said court; that said case had been heard or a decree therein THhat Juage Del nbesgh, fn Apil, 1006 at Jud d b D! : handed to the cler?o‘t Common Pleas Court of Cu&a}m County a jo - try in the Manning divorce case, which he falsely represen! to said clerk that be had, while Judge of sald court, in- dorsed for entry; but said journal entry was in fact prepared and indorsed after April 10, 1896, and after Judge Dellen- baugh had ceased to be a Judge of sald court, by which representation said clerk was wrongfully induced to believe that sald journal entry had been indorsed by Judgé Delienbaugh while a Judge of said court, and that it was proper to enter sald decree on the journal of such court, which he thereafter did. The committee makes the following recommendations: First—That Vernon H. Burke be ex- ‘p]elle‘d from the Cleveland Bar Assocla- tion. Second—That the secretary of the as- sociation be directed to present a copy of these findings to the committee of in- vestigation, to be treated as a complaint in writing, authorizing such proceedings against Hon. Frank E. Dellenbaugh as | they may deem proper. Third—That the secretary of the asso- citaion be dirécted to present a copy of this report to the Circult Court of guyu- hoga County for such action in the prem- ises as the court may deem proper. STRAINED RELATIONS OF AUSTRIA AND GERMANY Count Thun Hohenstein’s Speech the First Step Toward Dissolution of Alliance. LONDON, Dec. 4—The Vienna corre- spondent of the Observer asserts that the relations between Austria and Germany are very much strained and that the speech of Count Thun Hohenstein, the Austrian Premier, in the Reichsrath, rec- ommending reprisals against Germany for the expulsion of Austrians from that country was only palatable on account of the outspoken hostility for Germany and as the first practical step toward the dissolution of the Austro-German alliance. The tendency of the Government is now, the correspondent says, to suppress Ger- mans i favor of Slavs. The Franco-Ital- ian commercial treaty is a step toward a combination of the Latin races, so the accession of Slavs to power in Austria is a step toward an alliance with Russia. Ll GOFF DEFEATS MOORE. Californian Has An Easy Time With % the Minnesotan. NEW YORK, Dec. 3.—At the Pelican Athletic Club, Brooklyn, Charley Goff of California defeated Dick Moore of St. Paul. Moore was hog fat when he en- tered the ring, and Goff had an easy time with him. In the third round Goff floored the Minnesota man with a left-hand hook on the jaw. Moore, however, got to his feet and managed to mix it up with Goff = round had elapsed, when the Californian whipped a Tight swing on his opponent's jaw, which knocked him down and out. untll one minute and fifty seconds of the’ {‘um,v i V. VERNON H. 1, 5 1898—THIRTY-TWO PAGES. PRICE FIVE CENTS. BURKE. CHINESE MERCHANT SLAIN FOR HIS GOLD With an Ax Robbers Decapitate Ah Yee, Well Known Throughout Placer County. UBURN, Dec. 3.—One of the most horrible murders ever perpetrated in this section was the killing last night of Ah Yee, a Chinaman, who had lived here forty years, and ivas as well known as any inhabitant in the county. He kept a general merchandise store, and bought nearly all the gold dust mined around Auburn. His wealth yas ya- Lsously eanbxoated it Erom $20,000 o $100,000. The murder savors ¢f the bloody deeds of the hatchetmen. Ah Yee's head was completely severed from the body. A hatchet lay under him, and an ax.by his side. Ah Yee slept in his store, and alone, his hired help occupying apartments in the cellar. 1t is supposed that the murderers, whether white men or Chi- namen is not known, went into the store at 11 or 12 o'clock under the pre- tense of buying something, and while being waited upon struck their vic- tim in the face several times with the hatchet. ‘When he fell to the floor they picked up a new ax and completely severed the head from the body. They then went into his private room, where he is supposed to have kept all his money, and made away with it. Some gold dust has been found, but as yet no money. Sheriff Conroy and Coroner Mitchell are investigating the case. Some twenty years ago an attempt was made by highbinders to take the Chinaman’s life, but the officers do not think this a similar case. They believe that the killing was done for robbery alone. Ah Yee was a See Yup. well liked by his countrymen As there were no Sam Yups here and he was it is thought probable that if he was killed by Chinamen they must have been outsiders. The only clue_thus far is that a strange Chinaman was seen in town last night. -— DEMONSTRATION IN FAVOR OF DREYFUS PARIS, Dec. 3.—An imposing meet- ing was held here this evening in the Grand Orient Hall in favor of the re- visfon of the Dreyfus case and to pro- test against the Picquart trial Speeches were made by Anatone France, the poet, Dr. Paul Reclus, Joseph Reinach, formerly a Republi- can member of the Chamber of Depu- ties, and others, demanding the aboli- tion of the court-martial, and a reso- Jution was voted expressing admiration for Colonel Picquart. After the meeting demonstrations were made against MM. Drumont and Rochefort in front of the offices of the newspapers Eclaire and’ Libre Parole. - HIDING IN MEXICO. Plunger Gillett Has Not Yet Been Arrested. ST. LOUIS, Dec. 3.—A special to the Re- public from EI Paso, Tex., savs: There is a hot tip here to-day that Grant G. Gillett, the missing Abilene (Kans.) cattle plunger, is in hiding at Juarez, Mexico. and the authorities there are making strenuous efforts to locate him. ‘A hackman here who claims to know Gillett says he conveyved him across the river two days ago. The El Paso Chief of Police says his attention was attracted Vesterday to a stranger disguised by a wig and beard, who entered a bank in this city and after excuanging a large amount of United States money for Mex- jcan currency entered a carriage and was Sriven to Juarez. The Chief is of the opinion that the man was Gillett. —- On Marysville’s Gridiron. RYSVILLE, Dec. 3.—The ' High séuhvol football teams of Marysville and Sutter City met on the local gridiron this afternoon. The game resulted in favor of Marysville by a score of 10 to 0" PREMIER HOHENSTEIN’S SENSATIONAL SPEECH Francis Kossuth Gives Notice of an Interesting Interpellation of the Government. BUDAPEST, Dec. 8.—The speech of Count Thun Hohenstein, the Austrian Premier, when he protested in the Reichs- rath against the expulsion of Austrian subjects from Prussia and threatened re- prisals, continues to be the political sen- sation of the day. Francis Kossuth notified the Hungarian Premier, Baron Banffy, to-day of his in- tention to interpellate the Government as to whether the gpeech had previously been approved by Count Goluchowski, the Minister of Forelgn Affairs, and of the imperial house of the whole monarchy. and as to whether the Government per- celves danger to the cohesion of the Drei- bund In “the unusual and menacing lan- uage'” employed by Count von Thun ohenstein, in spite of the promise to stop the grievances complained of. TALKED OF THE CENTRAL PACIFIC SETTLEMENT Banker James Speyer of New York Calls Upon the Presi- dent. WASHINGTON, Dec. 3.—James Speyer of the banking firm of Speyer Brothers of New York called on the President to-day to telk concerning the settl ! Central Pacific's fndebtednese:lex}ct ‘l’g %)n(: lleved a settlement will be reached and recommendations incorporated in the President’s annual message to Congress. B g Two Players Traded for One. PITTSBURG, Dec. 3.—The Pittsburg baseball club has traded Pitcher Hart Third Baseman Gray to Mll;nul’(lere .f'tl)g Ble%umont, the clever outflelder of that club. [ed B o o bed b3 fices to obtain t o o Lo L b= o £ =3 THRIFTY AGUINALDO WILL GET NO RANSOM EW YORK, Dec. 3.—A Washington special to the Herald says: No recent action has been taken by this Government looking to the release of the Spanish prisoners held by Aguinaldo and his followers. Inquiry at the War Department to-day developed the fact that instrucgions have been sent to Major General Otis directing him to use his good of- release of the prisoners, but so far he has not been * persisting in holding them for ransom. It is freely stated in administration circles that if Aguinaldo does not release the Span- iards, demand will be made of him just as soon as the treaty of peace is ratified, and, failing to comply with it, he will be compelled to give up the prisoners. that Aguinaldo will be willing to disband his army and surrender his prisoners. 1 e g2 8 F-3-F-7-3-3-3-3-8-3-3-3-1-3-3-3-3-F-F-F-3-R-F-3-5-3-3-3-F-3-3-3-3-3-§-3-3-3-3-3-3-5-3-3-3-3 -1 The authorities are hopeful STy R ) successful, Aguinaldo =3 b3 o3 <3 & =4 =3 =3 o L b3 =3 =3 Lt = |W. F. HERRIN HAS BEEN WARNED TO KEEP MUM Though His Typewriter Is Now Silent Colonel Dan Burns Is Still His Can- didate. Interesting Chapter From the History of the Would-Be Statesman That Shows the Insincerity of His Newspaper Friend and His Own Unworth. ‘William F. Herrin has been whipped back to his kennel. The afternoon papers that on Friday bulged with interviews from the type- writer of the head of the Southern Pa- cific Company’s political bureau. in which Mr. Herrin abundantly proved that his employers were in the business States Senate, and that the man of their choice is Colonel Dan Burns, were silent yesterday. Papa Hunting- ton has boxed little Willie’s ears and warned him that a repetition of the of- fense of letting the public into the se- cret inclosure where the railroad’s po- litical wheels go round would cost him his job. So it is that Willle is silent and his typewriter will be heard no more forever. But Colonel Dan Burns is still the railroad’s candidate for United States Senator. He is apparently oblivious of the fact that the announcement of his candidacy by Mr. Herrin has caused a wave of indignation to sweep over the State, and that everywhere the peovle are discussing his record as County Clerk of Yolo County and the manner in which he discharged his duties as Secretary of State, to say nothing of his personality, his assoclates and his whole malodorous career in the politics of the State. Colonel Burns may possibly derive comfort from the fact that the Exam- iner, in a bungling effort to turn a po- litical trick and score a point for the Democratic party by seeking to secure the eleetion of a discredited Republi- can to a high office, is busily engaged in promoting his candidacy. When al- most the entire Republican press of the State is engaged in telling the people the kind of a man the Southern Pacific Company is seeking to send to the Sen- ate the Examiner, which has for so long posed as the friend of the peovle and the enemy of the corporation. is saying nice things of Colonel Burns and seeking to convey the Impression that it believes it would be the proper thing to send him to Congress. It is not likely that the Examiner’s attitude is taken seriously by any one except, perhaps, Colonel Burns himself. It may be that in his endeavor to for- get the past as concerns his own public record, the colonel has also forgotten what the Examiner has said of him in days gone by. If so, he will be given an opportunity to refresh his memory. In doing this a triple purpose will be served: The Examiner’s duplicity will be made apparent, the colonel will be undeceived and the public will be afforded an opportunity to view a very small portion of Burns’ record at close range. The following extract is from the Ex- aminer of a few days ago: The Democrats never have sald such things about Colonel Burns as the Re- ublicans are now saying about their fiader. In fact, the Democrats have been rather willing to admit that Burns put up a very hard fight, is a_splendid political leader, a popular sort of man, and to call quits; but the Republicans have in an instant found that he is the concentration of all the iniquities. He has suddenly be- come a far more dangerous man than the dreadful Mr. Grant was a few days ago. ‘What follows is taken from the Ex- aminer of October 7, 1890. A careful perusal of it is invited, as it not only gives the Examiner’s real opinion of Colonel Burns, but it also contains a relation of some facts that are import- ant at this time, as they have a direct bearing on the fitness of the man who is the Southern .Pacific Company’s avowed candidate for Senator. The arti- cle follows: On March 19, 1885, when on trial before Judge Van Fleet and a jury (on a charge of embezzling the funds of the State while holding the office of Secretary of State) Burns testified that being informed by a friend that rumors were afloat to the effect that there was something wrong about his ballot paper account, he acted thus: I went to the office to learn whether it was true or mot. I discovered that it was. called in Mr. Reynolds (Burns' chief deputy) and showed him the result of my investiga- tion. He admitted that he had taken the money, but not for himself; that he had used the money for a friend, W. A. Stuart, who was in trouble In San Francisco. The amount embezzled was about $5000. Burns went on to testify that Reynolds promised to sell an interest which he held in a street-sweeping machine and return the stolen money. Burns' testimony: r, Reynolds then suggested the course that b ):dap!eg and followed, and that was to flle Statement with the Controller alleging that the time that this money should have been paid into the treasury the amount had beeu expended In cash sales or purchases of ballot Der: that ballot paper had been purchased rom cash sales. In order to avoid any pubhic scandal 1 filed the report that I have seen in court here. The report was filed about Feb- ruary 13. The two amounts reu:o ballot. paper represented in as having Dace. purchas sales had not been been purchased out of cash purchased. It was not until July that Mr. Burns awakened to the lnexradxency of keeping Reynolds in charge of the books and re- celpts of the office. He was informed that his deputy had made & lot of money and demanded that he make good his steal- ings. Reynolds denied having accumu- lated any money, and his resignation was demanded. It was in the latter t of September that Burns discovered Reynolds' crooked- ness in other directions than ballot Raper, and he began an investigation of the fee book and cash book. But the investiga- tion did not proceed with much vigor. Burns’ testimony: . 1 was absent most of the month of October in San Francisco. It was just pncedlni the o State election and I was a member of the Executive State Central Committee. ° The examination of the books went on, Mr. Gale, who succeeded Reynolds, assists ing. The matter grew worse and worse Burns’ testimony: 1 met Mr. Reynolds in San Francisco and requested him to comc up here (Sacramento) the first opportunity he had. Reynolds went, and with the diffidence which a thieving subordinate would natu- rally be expected to show in the presence of an injured and indignant superior, sug- of selecting a candidate for the Unlted! P o gested that he might as well draw the salary of a clerk while helping to_trace his own stealings in the books. Mr. Burns consented. The marner of these consultations bes tween the innocent Secretary of State and the wicked deputy is of interest. Burns’ testimony: I said to Reynolds: *‘This evening you can come here, you and Mr. Gale and myself, and we will start in on these books and make a systematic . examination from the very com- mencement.” He says: ‘‘What in hell has Mr. Gale to do with this matter?” ' I savs: ‘Mr. Gale is a deputy in my office, and I can- not be here myself all the time, and I desira this investigation is i *“Are you afrald to - “I am. I do not intend sion_of these books any to let you get more unless there is somebody with you that I have confidence in.” ‘‘Well,” he says, ‘‘then you can go to hell with your examination,” and he went out into the other office. Mr. Burns then revoked Mr. Reynolds® appointment as clerk. Burns’' investiga- tion revealed a shortage of about $18,000; when the Controller took hold of the ex- amination, after Burns’ retirement, it grew -to over $31,000. After reciting his vain efforts to raise money to meet the deficlency in his office, Mr. Burns related on the stand how he proceeded to tamper with the official records in his charge as a State officer. Burus' testimony: I took the blotter and cash book and I marked off “‘certified coples’ right alongside of whers the entries were. Knowing that I had this contract for ballot paper to meet within a very few days I determined at that time, if T could not raise the money, I would use the fees for that pma. in part ent at least. The sales of paper had not aggregated &n amount sufficient to take up the contract. It was necessary in order to prevent an ex- posure of the condition of the affairs of the office. I presented that bill to the Stata for payment out of the appropriation which then existed it would have immediately at- tracted attention to the affairs of my office. It would have resulted in an investigation im- mediately, and, as I knew at that time, would have ruined financially one of my bondsmen. Burns went on to say that .to save his bondsmen was his controlling motive in falsifying the records, and proceeded: I took the memorandum cash book and changed these figures orsamounts. I did not change any figures, but where there would be $13 25 I marked $9 75, and I took this cash book to him (Deputy Gale) after the §th day of De- cember some time—it must have been threa or four days afterward. He made an excursion to Woodland to raise money and was unsuccessful. Burns® testimony: ‘When I came back I took this book to Mr. Gale and told him to make the entries in the cash book as I had indicated them there. Q.—That is the amount that is represented by the figures that you wrote upon the margin of the blotter? 5 A.—Yes, sir. The fees thus abstracted were paid into the treasury on ballot paper -account. Mr. Burns professed on the stand never to have examined the books of his offica or looked at the cash book up to the time of Reynolds’ alleged confession. He was a perfect innocent if the hands of his baleful deputy, who had charge of all the books, aitended to the sale and even drew his superior's salary for him. Mr. Burns is not generally supposed to be a trusting, unworldly man. After Reynolds had been discharged, but while he was still in the office finishing up his books, he wrote the following timid note to his superifor: Sacramento, State of California, i partment of State. SACRAMENTO, July 23, 1882 Dan—I have got the minutes written up to July 1. Had no time to write up the cash book. It was a larger job than I calculated on and it will take at least four days to fin- ish up and leave everything clear. I will come up before the 1st of August and balance every- thing. Yours, TOM. Here's another: Grand Hotel. SAN FRANCISCO, August 1, 1882. Oh, Dan—It the newspapers know anything about my leaving the office and are to make an item of it I wish you would get John Shee- han to write a good article saying I have resigned to accept the superintendency of a mine in Placer County, etc., etc., and that [ intend to henceforth reside in Placer: Tha papers here would copy it and then they would not say I had come here to—. I would rather that mothing would be mentioned, but in case * you see there must something be said fix it up that way. Yours in haste, TOM. Mr. Burns confessed that he never went to see the Controller about the sad state of his office until the Controller sent for him. 4 L By Mr. Carey: Q.—How many conversations have you had with Mr. Dunn_(thé Controller) with relation to this matter, Mr. Burns? A.—Altogether? es. A.—Never but one where we have discussed the facts of the case. That was ‘the occasion when the Con- troller sent for him. Reynolds was dis- charged or resigned in July, 1882. Burns® term expired in January, 1883. Yet this happened in May, 1834, just after Con- troller Dunn had sent for him. By Mr. Carey: Q.—Did you mnot say also to Mr. Dunn that you had.had a conversation with Mr. Reynolds in front of the Golden Eagle Hotel, and state that you had said:, “Tom, 1 hear that they are examining our books. s there anything Wrong in them?* To which Mr. Reynolds replied: “No; every cent that was recelved was turned over to the State. There may ‘a few clerical errors, but that is all.”" And you replied: ‘“‘Well, if that is all I am satisfled, for you are the one that kept the books and ought to know?"* A.—It is substantially correct. When I met Reynolds it was in the presence of another gentleman and other parties standing around. Q.—Then you did not know at that time that there was anything wrong with the books? A.~Yes. Q.—Still_you used the expression that you were satisfled if that (clerical errors) was ail. A.—Well, I would have been very well satis- fied if there had been nothing but clerical er- rors there and no omissions. I have never de- nied that there was a deficlency. I have never denied to anybody that there was a deficlency there, but I have not gone around the country saying there was. Mr. Burnsg' testimony showed that he had made incorrect sworn reports. He also testified that he had ‘never inten- uona!l{ rendered the Controller any ser- vice” in the Investigation, and that he “never disclosed to him the facts he knew concerning the condition of affairs.” The reader must bear In mind that all citations from the court records quoted in this article are taken from Mr. Burns’ sworn testimony. The statements of other witnesses have not been used. Here i3 a recapitulation of his offenses whila