The San Francisco Call. Newspaper, August 19, 1902, Page 2

o THE SAN FRANCISCO CALL, TUESD , AUGUST 19, 1902, STARTLING TALES OF CORRUPTION AND FRAUD AT SAN QUENTIN ARE QUTLINED BY ATTORNEY J. C. CAMPBELL BEFORE JUDGE FRITZ — | Libel Suit Against The Call Com-| menced in Court Story of Wholesale Thievery Depicted| in Telling Speech| raiiroad attorneys of Governor | Gage being unable to further block the hearing, the criminal li- bel case against John D. Spreck- 8. Leake, proprietor r respectively of The ken up before Police Judge vesterday and the defendants finally managed to get some of their testimony into i manage w3 the rec e Governor and his attorneys had evl usted their supply of prohibit- injunctions and other like in- delay with which they have e to time barred Judge Fritz siring into the San Quentin the case was called in the t at 10 a. m. yesterday the nor's attorneys were absent. Even ad Attorney Moore's under- who has bobbed up on near-| rv occasion since Governor | rted his fight to keep the| s of corruption at San Quentin from being recited on the witness stand, was, e to say, among those not present. | Assistant District Attorney Whiting here on behalf of the people, and so, | were Attorneys Campbell, Preston | Duke, representing Messrs. Spreckels | Leake. Louis P. Boardman, who [ to the complaint charging Mr. ke nd Mr. Leake with criminal in court to listen to the tes | he took no active part in the Aguirre, Warden of the San | Penitentiary, and his brother | down on the prison payroll | verseer, had been served with b present, but they failed | arance. The bailiff called times, but they did respond When Judge Fritz rapped for order the crowd and in the courtroom squared then settied down to liste story brought out 3 Mr. Spreckels and Mr. Leake in substantiation of the charge Governor Gage was a beneficiary of wholesale frauds practiced at San | n under the regime of his bosom | and companion, Martin Aguirre. | y Campbell made the opening ment for the defense. Campbell out- e det: of the corruption that expects to prove. He did not nor did he spare Governor ge und tt 3 defer nce words y Campbell touched on every | point of The Call's evidence of corrup- tion at San Quentin, After Campbell had concluded his open- ing st M. Oliver was called the Oliver played ¥y every question y C ell put to him in refer- | the irs of the prison. He | answer one question by asking | but Campbell kept at him and | managed to worm several admis- of the reticent clerk of the rectors. r could not swear to anything very unless he could refer to his | he said, and Judge Fritz and At-| bell joined in requesting him 1 this morning whén court 1 his books and other docu- | throw some light on the ng the State so flagrant- at San Quentin. At noon- Oliver was still sparring with At- Campbell of the other prison attaches subpenaed were present the oned until this morning, again be placed on the | eek with nearl; who were was Follow proceedi is a verbatim report of the before Judge Fritz: GOVERNOR DOUBLE CROSSED ATTORNEY JOSEPH CAMPBELL P he Court ple Ve case Spreckels and Leake. the calendar this on your Honor. on yesterday, and so when I was absent, 1 was notified. and oticed certain things that had been said in n to steps for the continuance of this and the other cases. In justice to Mr. s well as to myself, I wish to make narks without paving any attention to the other party, whose matters with me will be settled and determined otherwise, as this is meither the time nor the place either to answer such billingsgate, or to punish such e was last week a tacit understanding between the counsel who represented the Gov- ernor and my that with the consent of the Attorney’s office and the court, there be an armistice declared in these cases in order that the counsel, some of them, might vacation and might have an oppor- ttend to some other business. In h that stipulation, or that tacit Judge Cabaniss was visited of People ve. Gage was agreed to rued there for two weeks, the District have that department and the Judge | we went to your Honor's cham- not there. 1 went to my and knowing that Mr. Ler- th entered into this tacit ng that the matter would I had not been there thirty informed by telephone . Henry T. Gage, had pro- court in Los Angeles a writ rpus and bad it made returnable k on the following day. That was 1 immediately wired the Dis- that it was impossible for the represe: tives of the prosecuting witness to get down there at that time ang asked him to put it off untll the following morning or the mext day It wae not until he was met with our telegram, which was in the hands f the District Attorney, that they appeared eisting pon the return being m: Jock and that the case be ll‘elrd‘de s not until then that there was anything mrag about & stipulation relation to that case, because it was not known before—mwe had hardly heard anything about it That had hardly passed off when we were informed by those who were present in Los Angeles, that which o AR e i Piles Cured Without the iCnife. Jtching, Blind,, Bleeding or Protruding Py ’ les, o cure, No Pay. All druggiets are authc 3y menatacturers of Pazo Ointment (“omm',‘::: money where it fails to cure any case of pijoe Do matter of how 10ng standing. Cures ordinary { cases in six days; Worst cases in fourteen daya One application gives ease and rest. Reioro hing instantly. This is a pew discove, Jthe only pile remedy 50id on positive gk antee, mo cure, no pay. A free sample will be sent by mail to any ons sending name and @ress. Price 50c. If your druggist don't keep it in stock send 50c in stamps and we will for. ward full size box by mail. Manufactured by PARIE MEDICINE CO., St. Loufs, Mo., who siso manufacture the celebrated cold cure, Saexative Bromo-Quinine Tablets, 2= il s 6 CAmMPBELL DID No T MINCE H\S WorDS JUBGE “FRITZ NWITNESS OLIVER. L.P.BoAarRDMAN DISTRICT AT TORNE AV HITING PRES> REPORTERS CLERK OF COURT J D SPRECKELS WS LEAKE CamMPBEE LS CLERK “E F PRESTON SPECTATOR ATIORNEY (o] @ [ > RampeErL CLERK. OLIVER PRODPUCED SOME | PRIsON BiuLS . | INCIDENTS AND SC 3 NE IN JUDGE FRITZ’S COURT DURING TRIAL OF LIBEL CASE INSTITUTED BY L. P. BOARDMAN. proved to be true, that the Governor was having prepared four more com- plaints against Messrs. Spreckels and | Leake, three of them to take the place of those which had been surrepti- tiously issued—we may use the word advisedly, the complaint being sworn to and the warrants issued outside of the jurisdiction of the committing magistrate. And with that in view I then instructed my office that all of the stipulations that were contem- | plated between these persons were at an end, and left. And that is all there was about it. Instead of any of us being guilty of violating the tacit understanding, I verily believe that it was a trick, a piece of chicanery and a fraud to still this end while they went on and prosecuted their cases at the other end. We discovered it in time. And while I say thatas I have known Mr. Lermen a long time, Mr, Lermen-had nothing whatever to do with it, and his part was - per- formed in good faith. He simply was unable to control his client, and I was unwilling to take his client’s word for anything. The Court—You are ready to proceed, are you mot, Mr. District Attorney, with the prosecution, and counsel for the defendants? Mr. Whiting—If the court please, I don't see one of the witnes#es who was subpenaed by the prosecution here, Mr. Aguirre, but I think we should submit the case on the evi- dence that has been produced at this time. 1 deem a sufficient showing, prima facie show- ing, has been made, and I would suppose there will be no objection possibly if we desire later on to put on Mr. Aguirre, but I don’t think that we shall desire to do so. The Court—Very well. Proceed with the de- fense. Mr. Campbell—Your Honor, please, as this defense will be, in all probability, put in by fragmentary parts of evidence, as it will be necessary to subpena witnesses from various parts of the State of California, I deem it necessary and expedient at this time, in jus- tice to your Honor and to avoid contentions hereafter, to make a statement of what the defendants in this case expect to prove in justification of that article which it has been proven was published of and concerning.the Governor, Henry T. Gage, on the 24th day of May of this year. That article, it is alleged in the complaint, charges corruption at San Quentin; charges falsification of the books at San Quentin; charges for- gery of the bills at San Quentin; | charges extravagant use -of State property at San Quentin and the di- verting of it from the various pur- poses for which it was purchased. ‘We will show to your Honor, we be- lieve, before this evidence is finished, that there has been as far-reaching a conspiracy to defraud the State of California as has ever been unearthed in any jurisdiction on the face of this globe. ‘We believe that we will show that the con- spiracy attached, or was attached or proved— some vears ago. We believe that we will be able to show conclusively from the evidence that the penitentiary, the place that should be a reformatory for criminals, has been turned into & school of crime; that forgers have been kept in practice, practicing forgery, and that people, and particularly young men, who have gone to the penitentiary for the commission of’ crime, have had their consciences seared. by seeing those things committed by those high in authority and glossed over, %o that they will not come out of the penitentiary better, but ‘Worse persons, CAMPBELL SPEAKS OF WHOLESALE CRIME AT SAN QUENTIN After the election of the person who charges that he has been libeled in this complaint there was secured to cne of his personal friends gne of the Jlghest offices of public trust in the State; one Whose duty it is to scan all public investments, one Daniel Kevane, not unknown to fame, a man who has had a great deal to do witlt' the person who occuples the executive chair of this State, in his manner and method of practicing law. ' Mr. Kevane as secretary of the State Board of Was the frst stone in the matter. s Governor Gage, a member of the State Board of Examiners, was the sec- ond. After Warden Hale passed away Governor Gage sefured the appointment of Warden at San Quentin for one Martin Aguirre, a man | of no experience in penology, 4 man of little ! knowledge of criminality, a man who had the | distinction, I believe, to have served one term | probably as Sheriff of the county of Los An- | geles and then sunk out of public view until | he became the Warden of San Quentin. Now, then, we have Mr. Kevane of the State Board ‘of Examiners; we have the Governor of | the State on the Board of Examiners; and we have the man who is authorized to make the expenditures under the advice and direction of | the Prison Commissioners, Warden Aguirre. The next we found was the appointment of | one Foley, Francis Foley, another man who | had been éngaged with Governor Gage prior to his_election to office, as the commissary or | commissioner, the head of the commi: partment at San Quentin. To Mr. Foley, ac- cording to the rules of the prison, is delegated | the power of ordering the things, the goods which are necessary for the prison. In addi- tion to'that there was selected as assistant of | the Warden the brother of Martin Aguire, Mr. | Joseph Aguirre. In addition to that there was placed in an Important position there one Mc- | Dougal, who had formerly been the foreman | of the Governor's farming or_ranch property at | Downey, near Los Angeles. Several other lésser | lights and relatives of the Aguirres and the Governor have been placed in positions of re- sponeibility in the prison, but of them it is not necessary now to mention anything. EXPLAINS HOW THEY FILCHED PUBLIC MONEY FOR THEIR OWN USE We expect to show that as soon as | these people were installed in their various positions there commenced a system of peculation, thievery and larceny from the prop.-ty of the State, for the purpose of not only re- watding the friends and relatives of | the Warden, but also the political friends of the Governor, and of tak- | ing to his own use and benefit a vast amount of the State property, which passed into the possesion of himself and his family by this method. Upon the question of general corruption We will show to your Honor that there has mot been a single department in the prison at San Quentin that has not been reeking with fraud and corruption for a number of years. We will show that under the supervision of this Commissary Foley wines, liquors, cigars, beer, various other delicacies, which should be paid for out of the pockets of the Warden and the various other persons, have been taken to the Warden's house, have been charged—bills have been falsified—have been charged up as butter, cheete, eggs and things of that kind. We will show to you—and now is not the time to mince matters because the public Has a right to know of these things—we will show to you that for a number of months in each year sirce Warden Aguirre has been in charge of San Quentin, the Governor's family prac- tically made that their home four, five, six or seven months: that while the Warden is al- lowed a hundred dollars a month for his sus- tenance out of the public funds, he has ex- ceeded that every month by many hundreds of dollays. We will show that that excess, be- ing caused by the fact that these people were there living off the State, instead of being paid for by the private moneys of either those ‘who used it or of the Warden whose it | business); guests they were presumed to be, has been paid for ‘by the State, and that the excess over F190 a th had been.charged up to cement daints, offs, varnish, to the offl- That se entire things. We v 1o your Honor that there has beeil in_ this commissary department the greatest laxness—in faet, there has been no vigilance at al that the commissary has bought, against the rules of the prison and against the law, from all parts of the State adjacent to thi city without a requisition and avith no check upon him whatevi all kinds and char- acters of commodities, and that when the bills have been rendercd these bills have been changed; they have been pagsed up to this State Board of Examiners, of whom the Gov- s esident and Mr. Kevane is secre- tary; been allowed and they have been r by the State, and. the Warden has drawn the money and that he has paid these bills, the real bills, with it We will show to your Honor that at or about the time of the death of Warden Hale, immediately prior to the taking vossession of the prison or assuming his duties as Warden by Warden Aguirre, there was in the store- house of the penitentiary hardwood which had been there for a number of years, some of it, in fact, which had been there evér since they had ceased to manufacture furniture and put it uoon the market under the'law and before the c e of the law. Some of it had been probably purchased since that time for various uses. But there was hardwood there ti extent of and of the value of $6000. since Mr. Aguirre has gone Into pcssession or assumed office in the penitentiary there hae been purchased 7198 feet of maple, 3527 feet of cedar, feet of clear redwood, 3741 feet of hickory, 3801 feet again of oak, 7804 feet of sugar pine, 1506 feet of poplar, 234 feet of basswood and hewn rails, curtain rails and things of that character. We will show to you that at the time of the publication of this article there was scarcely a foot of that lumber In the penitentiary. Now, what has become of this lumber? We will show that.shortly after Warden Aguirre took possession of the pi n a furni- ture manufacturing shop, called carpenter shop, had been fitted up that had been dis- carded under the law long before; that the convicts who were skilled in the manufacture of furniture (all thé way from eighteen of them and we believe we will be able to show they constantly employed up to twenty-five and forty of them that were employed when they had a great rush of that immediately they commenced the manufacture of furniture; that they manu- factured bedsteads, bedroom _sets, roller-top desks, tables, valuing from $50 to $500, by reason of the fact of the material that was placed in them; settees, hat racks, chairs and all kinds and ‘character of furniture. WARDEN MAKES STATE SETTLE ONE OF HIS 1.0. U. SALOON TAGS Now, what became of that furniture? We will show.to your Honor that a large amount of that went to friends of the War- den. We will show that nearly every relative of the Warden and of the Governor in the penitentiary obtained a large proportion of it. We will show that the Warden at one time, coming to San Francisco and being at a certain place, borrowed 845 and gave his I. 0. U. for it. We will show that a short time thereafter he came back and paid that I. 0. U. by presenting to the person who had loaned him the money a bedstead, which to-day is over the value of $450, and he accepted in exchange for it the I. 0. U. and tore it up. It is not necessary that we should enumerate the particular pecple at this time who received that_furniture save to say that the brother of the Warden, Joseph Aguirre, had the finest lot of it, or a part of the finest lot of it, and it is to-day in his house; that George McDougal who was formerly the foreman of the Gov nor's ranch, got his proportion of it; that the varlous lesser lights, who_were the friends of the Governor, got thelr proportion of it. We will show, and I am withholding now until later on to show thgt which went into the immediate possession of the Governor and his family—we whl show that this particular lumber out of which a portion of this furni- ture was made was charged to the jlte mill, and we will show that the jute mill Would not use a thousand feet of lumber of this kind or_character in & year, and that they never ordered any of that limber. Some of this furnitéie that has been made during this time was of rosewood, mahogany, maple and all other kinds and character of But it is sufficlent for this statement that it was on hand. We will show, if your Honor please, that the hardware that was used in the manufac- ture of these various articles was purchased at a_reputable establishment in the city of San Francisco and charged to the jute mill; that such articles as ‘‘fancy handles’ for the drawers of chiffoniers, “fancy rollers” for the desks and the bedstéads, and all that kind and character of material were charged to the jute mill. We_ will leave it to the persons that say they have been libeled to establish what part or portion of the machinery it is that requires, to make jute bags—how they used that in con- nection with the manufacture of jute, twine and jute bags. We do not know—we cannot understand why they should use in the manu- facture of the articies which théy are allowed by law now to manufacture, fancy - bureau- drawer handles, tancy chiffonier handles, heavy cagters and things of that kind. ‘We will show that those were all charged to the State, passed through the Board of Ex- aminers, of which the Governor is the presi- dent and Mr. Kevane is the secretary, and were paid for by the State of California. ‘While we are upon the jute mill proposition, and as this is one of the departments in which there is corruption charged, we will show that the Warden is allowed $5000 per month as expenses for the salaried for guargs for the San Quentin Prison. We will & that in order that the Warden might place some of his pet political friends in lucrative positions and increase the salaries of oth: s he has stuffed the payroll of the jute mill oy placing on the payroll thereof the names of from five to ten persons per month, most of whom have never performed a day's work in the jute mill, and some of them never saw the inside of it.” We will_show that guards doing duty outside of the walls of the prison have been forced to sign the jute mill payroil. ‘We will show that the parole clerk, who dramws a salary of $125°per month, is carried upon the jute mill payroll under the titfe of correspondent for the jute mill. And this is merely an lllustration 6f many instances where the acounts of the prison have been fraudulently tampered with. We will show, if your Honor please, that ev. ery department’ of the prison has been made to conserve to the Warden's own private ben- efit. GAGE BENEFICIARY OF CORRUPTION AT THE PENITENTIARY We will show that a short time after the ‘Warden took possession of the prigon he was —_— of evidence, as it various purposes for which it was purchased. CAMPBELL TELLS WHAT THE CALL EXPECTS TO PROVE. F your Honor please, as this defense will be, in all probability, put in by-fragmentary parts vill be necessary to subpena witnesses from various parts of the State of California, I deem it necessary and expedient at this time, in justice to your Honor and ‘to avoid contention hereafter, to make a statement of what the defendants in this case expect to prove in justification of that article which it has been proven was published of and concern- ing the Governor, Henry T. Gage, on the 24th day of May of this year. That article, it is alleged in the complaint, charges corruption at charges falsification of the books at San Quentin; charges forgery of the bills at San Quen- tin; charges extravagant use of State property at San Quentin and the diverting of it from the 4 We will show to your Honor, we believe, before this evidence is finished, that there has been as far-reaching a conspiracy to defraud the State of California as has ever been on earth in any jurisdiction on the face of this globe.—Exfract frcm opeming statement of Attcrney Joseph C. Camphell bziore Judge Frity — 1 — i San Quentin; ket | allowed a certain sum of money, $1000, to fix ard repair and -refurnish his house. We will show that from one firm alome he purchased for that avowed purpose over $3300; that from other- firms in this city and adjacent-thereto he increaced that a great many thousand dol- ars, We do not desire to be bound by the exact amount We are speaking in round numbers. We show that in addition to that, and { avowedly for the purpose of going into the Warden's house, a number of the coavicts Eave been kept at work constantly, making | curtains, fixing poles, upholstering furniture; | ard that money has been spen: in making and | purchasing springs, buying the most eéxpensive | covering which is ‘used in the unholstering of furniture. So that that account alone amounts to_a great many thousand dollars. We will show, if your Honor please, that for the Warden's friends and for some of his po- litical henchmen, we may call them, they have manufactured and painted buggles_ surreys and wagons at the expense of the State at San Quentin. - And these people are using them to- ay. In fact, when we come to consider the ques- tion of general corruption, if the court please It is almost impoasible to narrate particularly all the things which we will be able to show. Now, if the court please, it is also alleged in this article that Henry T. Gage was the beneficiary of these fraudulent and dishonestacts. Insup- port of that proposition we will show to your Honor not only—and in addi- tion to the fact that his family have been at the Warden’s house and living at the expense of the State a great portion of the time since he came into the office, and that the expense of that has been charged as I have heretofore stated—we will show that in the year 1901 the wife of the Governor of this State, accompanied by the wife of Joseph Aguirre, the deputy Warden of the penitentiary of this State, went to the reputable house of LeviStrauss & Company in San Francisco ,and without a requisition purchased and had charged to the California State Prison—this was on April 13, 1901, —five dozen napkinus, three dozen doylies and a half-dozen gowns, mak- ing a total of $34 20. We will show to your Honor that when this bill was presented to the State' Board of Ex- aminers, of which Governor Gage is the pres- ident and Mr. Kevanme Is the secretary, by some peculiar and curlous system of manipu- lation this one-half dozen night gowns was turned into table cloths—this keing done by a convict who was in the penitentiary serving a sentence for having broken and outraged the law, under the charge of this man, who was supposed to be able ot only to restratn, but to: reform. ¥ This bill which went to the California State Prison is the same which went to the State Board of Examiners, except “one-half dozen table cloths, $15 0. We will show to your Honor that on July, 1901, the same party purchased from the same establishment (Levi Strauss & Co.) a certain bill of goods consisting of a large number of doylies, napkins, domestic crash, one-half doz- en night shirts at $850. $4 25; one-halt dozen night shirts at $15, $7 50, Now, we have in the prior bill half a dozen night gowns; we have here a dozen. night shirts, all charged to the State Prison of Cal- ifornia, marked “'Correct’” by Commissary Fo- ley. non-contract. We will show that those things were pur- chased at that time without a requisition and in disregard of the rules of the prison, and in direct violation of law. When this bill appeared before State Board of Examiners, of which Henry T. Gage is president and Danlel Kevane is sccretary the billhead was cut off. and this had been substituted: *'For one bale of contract cloth," describing it there, Which was marked ‘Cor- Each one of these bills which I have referred to was marked “Correct” by the Warden seq iCorrect" by the commiseary, passed upon by the State Board of Examiners and that same way. A [t may be well to say, if your Hon lease, that it is a part of their system og"’,..‘:'e..,- ing materials for the use of the penitenti that they require them to render bills 1n duplicate or triplicate; that the bills, when they were rendered in duplicate, were sent to the penitentiary and there presumed to be ex- amined by the commissary, checked off, and | It correct, if the reaulsite amount and | are upon the bill, marked “Correct:": (her ey ; the: 80 to the Wardén and he 15 supposed to. e aminé into them, and if correct he them as correct; then ome covy of this bill is sup- posed to go to the State Board of Examiners With the approval of the commissary and the | ‘Warden upon it; that bill is allowed; and then, | strange es it may seem, instead of the mer- ichlnl who furnished .the material getting a warrant from the State direct to him a war- —_— Clerk James Oliver Sworn and Care- fully - Examined —_— Practically ~ Admits Truth of Certain Charges of Fraud these bills to the Warden of the penitentiary: then he takes a duplicate bill, draws his check, personal check, for the amount of the mouey and pays it to the merchant. J i ‘Now. when these bills, together with a larze number of others, went before the State Board of Examiners they had been changed by a c vict in the penitentiary serving his time for forgery. That changed bill was passed upun by the Board of Examiners; Wardew Aguirre drew the money for this bill as chaaged anl took it to the various merchants and paid them the bill as it actually existed. And we will show that for these things that were placed by the convict in the bill ‘the State never got anything, but they got the -other material; and that, as I said, the original bill which showed the regular purchase, the true purchase, was receipted by the merchant and wag on file in the penitentiary at the time [ shall hereafter speak of when there Was an attempted Investigation, a pretended investiga- tion made. This will be sufficlent to show your Honor what took place In relation to Mr. Stfauss - the firm of Levi Strauss & Co. But We will show your Homor that their dealings did not only go to nightshirts, doylies, napkins, table cloths and matters of that kind and charact but that the gentlemen were not to be for gotten in this dispensation of favors. While it was probably as right to provide a night- shirt for the gentlemen as well as a night- gown for any female, we will show that firm of Stein, Simon & Co., that there was purchased from them, without a reguisition, by whom I am not able at this time to in form the court, certain material or materiai for a suit of clothes, the material amountin to $44 40, and consisting of blue kersey and of lining, buttons, silk and material of that kinl. Now, this is of the date—charges what they bought, which is better—'One cut browi kersey, two yards, $6 75 a yard, $13 50: one cut of black vicuna, 2 yards, $525 a yard $10 50; ome cut of Am. pty., $1 25 a yard; one cut of Am. pantalooms, my associate says. 35 15; one cut black surah, 3l yards, at $2 75 @ yard, $9 63; one cut 10-inch siéeving, 1% yards, $2 74, $4 12; one brown V_collar, $1_ and buttons 50 cents, amounting to $41 40. That we will show was the raterial for a suit of clothes and the lining and everything of that kind. It was ordered without a requisi- tion. By whom, what officer, what particular person, I am not able to say, as I have stated before. ‘When this bill made its appearance before the State Board of Examiners it had been changed in the handwriting of the same per- son who made these various other changes; the head of the bill having been cut off andl pasted on to these¢’ changes. And f_?:u: is the bill that appeared marked ‘‘Correct;” as non- contract by the commissary and by Warden Aguirre, It was changed to three bolts of g, $44 40. There was no lining of that kind or that char- acter purchased from that firm at anything ear that time. T he changes of other bills we will show to the court =s we proceed. MADE HARNESS FOR GOVERNOR WHICH THE STATE PAID FOR We will show to your Honor that some time ago there was manufactured in the pentiten- tiary at San Quentin from leather purchased by the State, by the convicts of the State, a set of double harness and a set of single har- ness, and that it was exceedingly finely made, | and 'was of the best material that could be ob- tained in the State. We will show that by the conviet, in ivory, there was emblazed on that barness, on the bridles, “H. T. that the convict made the rings out of material that was purchased and paid for by the State. We will show that those two sets of harness— that is, the double set and the single set—were shippedto the Governor in Southern California. We will show that he has been seen driving upon the streets of Los Angeles using harness with the white mark “H. T. G.” We believe we shall show, and if we can get the power of the court to make the exam- Ination of the prison (which we believe we are entitled to), that part of that harness, since the publication of this article, has in some mysterious manner found its way back to the prison at $an Quentin, and we believe it to be there to-day concealed; and we bellevé, as we sald before to your Honmor, if we be given the power so to do, that we can find where it is, We will show to your Homor by the bills which I new have—I will not read them— that from the prison to the ranch of Henry T. Gage, 'at Downey, have been shipped over twen- ty-six packages by Wells, Fargo & Co. In- numerable other packages have been shipped by the steamer Caroline and by the Southern Pacific Railway Company. We will show that these packages consisted of furniture, uphol- stered furniture, tables, chairs, hatracks, man- dolins, guitars and all sorts, kinds and condi- tions of things. We have here the bills, for those various things. Now, we will show your Honor that this particular furniture was manufactured from the material which was on hand in the peni- tentiary at San Quentin at the time that Mr. Hale went out of office and Warden Aguirre went in, and that it has been purchased and paid for by the State of Calitornia since. We will show conclusively, and we will show what each particular part of that furniture was. We will show the convict who manufac- tured it. We will show you the character of the materfal which went into it. We will go so close as to connect directly the same character of extras and handles and tops, and things of that kind and character that came the hardware store, that was charged to the State, traced directly to that furniture. We will show also that mahogany—an exceedingly large and expensive bed and bedroom set—was manu- factured at the prison, and that the initial letter of the Governor was carved in.it, upon the head of the bed, and we believe that we will show where that bedroom set Is to-day. ‘We will also show that at the time of the publication of this article they were still in progress, manufacturing a large quantity of this furniture; that since the publication they have ceased, and that they have concealed the furniture that was in the process of being manufactured; and If we can get the proper process of the court we will show whers that is concealed. We will show also that for the family of Henry T. Gage have been manufactured in the prison m'ti settees, hammocks, table covers an furniture covering, and all shipped to them in Southern California. We will show to your Honor that Charles McDougal was at ome time the foreman of the Gage ranch, until he accepted a position in San Quen- tin; and that Domingo Mendiaz is now the foreman of that ranch. These shipments, varying from 900 pounds down, some of them were to Henry T. Gage, some of them were to Mrs. Henry T. Gage, some of them were to this man Mendiaz, some of them were to George C. McDougal. But we have here and will show to your Honor the day and the date and the character of the materials that were shipped from San Quentin to these various places and were Te- ceived at Downey. We have here copies showing the receipts by thé various persons at Downey of this furniture that went to the Gage ranch. the shipping bills, Continued on Page Three. e 2 e ] ) Finest line ‘of Fall Suitings ever in San rant is drawn for the aggregate amount of | Francisco. Suits $15 and up. Smith, 906 Mkt.®