The San Francisco Call. Newspaper, August 19, 1902, Page 3

THE SA FRANCISCO CALL, TUESDAY, AUGUST 19, 1902. 'ATTORNEYS FOR THE CALL PROMI SE TO EXPOSE PROOFS OF ONE OF THE MOST GIGANTIC CONSPIRACIES IN HISTORY OF THE STATE Relatives of Governor Gage Benefit by Martin Aguirre’ s Corrupt Methods of Running the State Penitentiary Chief Executive’s Lawyers Fail in Their Efforts to Block Testimony Add Continued From Page Two. I have stated, by receipt: o the receipts, we w were actually n another significant r please, in connection with the de- sre—that a part and por- d or was still in the war: of the publication of th: tact, if were notified, that otified by the persons nd that they wer that it rem: t was fi £ the court please, that the of the prison—those W ugh to be incarcerated t, under the is not ict, h he clothes, not o the friends and In another department of the n, if your Honor please, the ma- hinery department, we will show t the friends of the Warden have been forgotten; that there is a n patent brick-sanding ma- we will show that four of were manufactured at San Quen- n, and that three of them are now peration adjacent to San Quentin, and one of them in an adjacent county; that the material out of hich they were made and the work- ip that made them; the ma- was paid for by the State and workmen were the convicts in the penitentiary at San Quentin. We also show that not being satisfied 1 the furniture, not being satisfied the kerseys, not being satisfied with the trimmings and upholstery, that there was 2 convict in the peni- tentiary who was particularly gifted as an artist or a painter on china and ssware, that at the expense of the | 2 studio was fixed up for him a2t he was kept there for over year and a half painting china for he Governor and his family, and we trace it to the place at which it s burned, and we will trace those packages down to the Governor’s ranch at Southern California, at Downey. WARDEN AGUIRRE WAS VERY GOOD TO FRIEND Hi den War selves by a r heir meetings, sed a resolution t which 1 t no bill here- State Board of any one but original house substance of it. that question—substituted bills o as I sajd we had otherwise. We wil ills have been received from H. S Co from the Humboldt Lumber s Lime Co., freun Grosjean from Lebenbaum i & Co., from the Pacific Coast om Thomas O’Conno W, W, i Co., from Burtchael & Co., om Main, Winchester & Co. jcation of this article Deputy Aguirre has changed his hat- Quentin to Berkeley. furnished with prison- ct-made—furniture, until the pub- is article, what has been done , but until the publi er had one dollar for ming that that would —not one dollar for any of ered had been paid Into the cugh the Warden, as it was ney had no right to sell it, allowed to sell to any of and meat, and it would h of the Iimagination to table into a ton of coal, things, and many others, it your Honor please, we will be able to show you in justification of this matter, but that is not all ‘We will show to you that after the publication of these articles with these particular things pointed out to us, notice with exactitude that the Governor of the State of California, chairman of the State Board of Ex- aminers, called a committee of inqui- sition to determine whether or nay there had been any reckless expendi- ture or waste or theft of public funds at San Quentin. That committee of examination consisted of Henry T. Gage, chairman of the Board of Ex- aminers; Daniel Kevane, secretary of the Board of Examiners; Francis Foley, commissary at San Quentin, and Martin G. Aguirre, Warden at San Quentin. That they—he invok- ing the power which he had under the State, asked and received from the State Controller these bills which showed on their face that they were because all the S| & Co., | Ban | His house | the Hearing of the uced in Police Court | counterfieit, false and forged, and had | before them the regular bills of the | same date; that Henry T. Gage, and | this inquisition of his, having each f:md all of these things before them, | which had been particularly called to their attention, came out and "an- nounced to the public that there had been no waste, there had been no mis- appropriation of public funds. When w sert in al | because t the record how this to your Honor, as I as- onfide we shall be able to do, o greater portion of it depends upon then we shall expect that we shall ech- | be dismissed of this charge, not upon any | r ut upon the ground that the n that artigle were true, and ants conducting and carrying al published these facts for der that the public might ms were serving them, in might know where the devoted to San Quentin was going. , shown all t b we shall ask that called, if you Mr. Martin Aguirre - and Mr. Joseph f the court please, I would n view of the fact it may - the court to rule upon missibility of evidence, unless the court is very arficle, to have it read. am quite familiar with it. I recess ve nc suggest beco! objection. if the court has not e it would probably be— pting)—Mr. Clerk, let me CLERK OLIVER SHIES AT ATTORNEY J. C CAMPBELL'S QUERIES - conclusion of Attorney Camp- g statement of the facts The to prove, James M. Oliver, Board of State Prison Di- was called to testify by the de- His testimony was as follow: ell: Q—What is your name? Oliver. al position do you hold? at San Quentin, ex-officio ectors at San Quentin. you occupied that posi- ce September 1 Q nber? A.—The tember. year. Q.—The 14th of September, 19017 sir. Q.—As such clerk have you In your possession records of the Board of Commissioners? d of Prison Directo: A. (interrupting) 14th of last Sep- A.—Yes, tain to San Quentin prison. Have you in your possession any resolution offered by the Board of Prison Di- relative to any bills being in any man- nged, which were in any manner pre- > the prison? A.—Well, I can quali 1 have such a resolution, at lea: such a resolution, as the resolution ssed at Folsom, not at San Quentin. are the directors—the directors are e they not? A.—Yes, sir, they are. —Will you kindly produce 'that? “A.—I _Q | would be vers glad to, but I did not know it | was wanted | nominatea by I have not it here. It is not so the subpena. 1 wds not asked produce it? A.—I will at the ‘amiliar with what is so-called the rules of San Quentin Prison that are in gue at the time—do you know what they ? A.—Well, that is rather a broad ques- tion. I hardly know what you refer to, Q.—1 show you now what purports to be rules and regulations of the State's prisons of California. A.—I confess, your Honor, 1 have not this before. I presume that I am ith most of the material herein set t a more minute examination I y whether I am or not. I con- | fess ignorance of the contents of this paper. Q—You kindly—when we adjourn at ‘111»- noon s jion—at recess, you may examine it and tell us if there has been any change | in the rules that you know of since your ad- tration. A.—I might ask you now if this is the statute as amended the last time— the statute of 1891. Q.—Yes Mr. Whiting—Dou you refer to the rules established by the directors? pbell—Yes; the rules established by it to you—it is part of the art of the rules. 1l handed paper to witness.) e a certain set, or any set of of those statutory rules that you None other. = object None other. Q—One minute. A.—I beg your pardon. Mr. Whiting—We object to the question on ground it is incompetent, immaterial and ant. 1f, In addition to the rules which ve been passed and embodied in a book of | this character, which counsel contends, I pre- e, are rules of the Prison Directors, addi- tional rules or laws established by the direc- tors, I presume the best evidence of that would be the evidence of the directors themselves—of the board The Court—He has just asked the question If there are any rules, not as to what the rules | are. Mr. Campbell—I want to know if there are any—Iif they are in existence, if there be any, and If so I ask that they be produced. | , The Witness—I must answer that question | by going back to the former question as a basis, until I know the contents of that pam- | phlet, which, I must confcss, I am in utter | 1gnorance of, I am unable to say whether they are in existence or not. They may have them | all or may not. Q.—Have you, since you assumed the duties | as secretary of the State Prison Commission, | had occasion to examine & pamphlet similar | tn_character to this one? A.—No. e 7e0Md you ever see one? A.—T may have, | but oesn’t now lodge y but 1t ge in my memory that Q.—From whom did you obtain v edge of the rules of the prison? A.LOIUX;J:I’I:‘ it of it from the statutes as amended, which were referred to as a State prison act, 1 be- lieve, in 1891, which you will find in the Penal lCodP_ in the appendix to the Penal Code. Q.—Does that give us the rule for the di- | rection of the officers, what the captain of the grard shall do? A.—Yes, sir, it certainly does, yes, Q.—That is all—A.—(interrupting) most explicit way, Q.—Have you in your possession any reports made by the captain of the guard—let me nave that—the captain of the yard? A —In reports made by the captain of the yard? Q—Yes? A.—The captain of the yard does not report to me, sir. Q.—He reports to the Warden, does he not? A.—Possible; I don’t know, Q—Does not the Warden report to you? A. —No, sir. Q.--To whom does he report? A. I know not. Q.—Have you any reports, as the secretary of the Board of Prison Directors, which have | been made by Warden Aguirre to the Commis- | stoners since you have been in office? A.—I have, sir. Q.—Will you kindly produce the reports. Have In 2 Let me withdraw that for a second. you those that were made prior to last Sep- tember in your possession? A.—Well, 1 have forgotten the date, but I have them up to the time this subpena requested them to be brought Q.—Will you kindly produce them? A, I have them here, sir (showing). I presume you want some specific one. Q.—1 want all of them; I want to look at all of them from 1899, since he took office. That is what the subpena called for. Mr. Boardman—We would like to know what they relate to. Mr. Campbell—I just simply want to ex- amine them. It is more what they dom’t re- late to than they do. — Q.—Mr. Oliver, have you in your possession the quarterly reports of the Warden? A.—I have no other reports in my possession other than you have there, covering that period, from the Warden, Q.—None at all? A.—None that I know of. I will qualify that by ing, your Honor, that up to the time that I was clerk. The clerk that preceded me is now deceased, and while he seems to have been a very efficient clerk in every particular, it is a fact that his documents, while I presume they are all there, have been very much scattered, and I have once or twice been very much at a loss to gather up material, and I can say that to the best of my knowledge and with reasonable search these are all the papers. .—All of the reports of the Warden that you can find? A.—Yes, sir. Q.—And you are satisfled to now state that since you have been in office in the last—since last September, that there has been no quar- terly report made by the Warden to the board of directors? = A.—Unless you find it sir Q.— ell, I don’t find any here. I would ask you to state to the court whether or not you have in your possession as the clerk of the board of directors of the prison at San Quen- tin any other reports than these which you have produced showing the receipt by the War- den of any moneys from the prison products? A.—I really don’t understand that, Mr. Camp- bell. Mr. Whiting—It strikes me that question is_cbjectionable in that it calls for what the reports contain or might not contain. Mr. Campbell—I want to know whether or not he has in his possession now or not any other report—I will put it right in the language of the rule, as I understand it, showing the re- celpts and expenditures of San Quentin Prison, or specifying minutely the persons to whom or from whom the moneys are pald or recelved? AT Mr. Whiting—Well—one minute, Mr. Oliver. I think that question is objectionable, if the court please, on the same ground, that it calls for the conclusion of the witness as to what the reports contain. The court—If he can answer as to what the reports contain—. Mr. Whiting _(interrunting)—The themselves are the best evidence. Mr. Campbell—I think, Mr. District Attor- ney, probably your objection is well taken. Now, what reports have you in your pos- sesslon—I ‘mean_official—from the Warden of San Quentin, other than those which are pro- duced here and which appear to be the month- ly reports. A.—I have none. -I might qualify that by saying the Warden's annual report probably is an amplification of all these things, and probably contains what you wish. Q.—Have you that? A.—J have not it for this year. Q.—Have you it for last year? A.—I may and may mot. Q.—You were asked to bring 1t? A.—Well, no, 1 have not, because I would have dug it out then—yes, that is right. Q.—Sir? A'—I have not it, because It would have been In there if T had. Q.—You have not it? A.—No. Q.—Then you have no reports, so far as you know, showing the recelpts or expeditures of 4 reports MANY SHIPMENTS MADE TO GAGE’é E will show to your Honor by the bills which I now have—I will not read them—that from the prison to the ranch of Henry T. Gage at Downey have been shipped over twenty-six packages by Wells, Fargo & Co. Innumerable 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, upholstered furniture, iables, chairs, hat- racks, mandolins, guitars and all sorts, kinds and conditions of things. We have here the bills, the shipping bills, for those various things. Now, we will show your Honor that this HALL MABAIOR 74 <O v ER. FRK OLI \Z el oF JUSTICL SSARY o SsAN QUENTIN ZLFAYI poLey WITH Fx-CHIEE I° E. P_};??T]‘If” Te 2 PRISON S L SNAPSHOT OF JAMES M. OLIVER, WHO WAS FIRST WITNESS CALLED IN TRIAL OF LIBEL CASE BOARDMAN AGAINST JOHN D. SPRECKELS AND W. S. LEAKE. INSTITUTED BY LOUIS P. L money by the Warden of San Quentin other than these which you have produced? A.—No reports. There are books to show. Mr. Whiting: Same objection, if the Court please. I think the witness has stated, if I understand him right, he has no other reports of the Warden than the ones he now produces. Mr. Campbell: Q.—Now, you say there are books that would show? The books of the prison_would show. —Have you any books that would show? A.—T presume my books would show—I pre- sume they would show what you want. My books are supposed to show every transaction in the prison where money is involved, and I have no doubt but what they do. Q.—Then what book have you in your pos- session which shows the receipts of the War- den of San Quentin? A.—The regllar books of the prison would show that. OLIVER TELLS HOW BOOKS OF THE PRISON ARE KEPT (Q—ATe they kept by you ote. . Q.—Well, what do you mean by the regular books of the prison, you keep an account—a regular account for all that? A.—T keep a ledger showing all transactions. Q.—And all money received by the Warden? A.—Yes. Q. ;To ‘whom does he pay the money, to you? A Yes. —And from what data do you keep your books? A.—Various sources, from varlous de- partments, from the heads of the various de- partments in the building. Q.—Just kindly state, will you, how you get the data to keep your book from which you keep this book? A.—Beginning with the bills that are audited every month; of course we get the data there as the bills are presented to the commissary; they come over to us after, A.—They are, P and the same way from the various depart- ments, we credit and debit the different de- partments with what they draw and what they do not draw. I then get—there is one source I might say my books don’'t—I am a little am- bigucus in my statements, that is, the convict cash, which Is the money, as we call it, the money of the convicts themselves, which my office has nothing to do with; that is a per- sonal matter, I would say in an off-hand way, rather than a matter connected with the Insti- tution. Q.—Do your books show all of the reported sales? A.—Yes. Q.—Now, what book have you in your pos- session that shows the sales and receipts of money by the Warden? Mr, Whiting—I¢ the court please, I presume that ‘the object of counsel is to identify this book. For that purpose, of course, we have no_objection. Mr, Campbell—That is all, now. Mr. Whiting—Not for the purpose of show- ing the contents of the book? Mr, Campbell—No, sir; I want to identify the book =o that I can call for it. The Court—Define the book. A. think the ledger will give a_comprehensive statement. Mr, Campbell—Have you the ledger with you? A.—I have not. . Q.—The ledger would not show—do you keep your ledger in such a way it would show the items from which the money was received? A.—No, oh no. Q.—Have you a book which shows that? A.—1 bave the various departments. Q.—What? A.—We would show the various departments, The Court—Which department? A.—The de- partment book would show that. The various department books would show the items. We have a general summary in our books, for in- stance, just to get it right to the start—for instance, - the jute department knows all the bags and where they went and all about it, I don’t. I simply get general statement from them, which goes into my book, showing so much money has gone out, so much money has been paid and that so much money has been paid offt—so much money has been used— RANCH AT DOWNEY | particular furniture was manufactured from the material which was on hand in the peniten- tiary at San Quentin at the time that Mr. Hale went out of office and Warden Aguirre went in, or that it has been purchased and paid for by the State of California since.—Extract frem | opening statement of Attorney Joseph C. Campbell before Judge Frilz. > e One of the Attaches Efihe Prison Has a Bad, Half Hoyr on the Witness Stand Under a Strict and Rigid Examination The Investigation Into Libel Charges Is Continued Until More Evidence This Morning, When Will Be Produced Q (interrupting).—Kindly state to us how many departments there are in the prison that keep books of that kind or character? A.— There is the jute and commissary. Q.—The commissary keeps a book showing what goes out {rom the commissary? = A.— . sir; that is, I presume it does. Q—What? A.—I presume it does. Q.—That is what is reported to you? A.— sir. Q.—Is there any ‘other department thatfyou found in the prison that have ever mad® re- ports to you showing the reports of the manu- facture and sale of articles other than jute bags and twine? A.—Showing the manu- facture and sale? Q.—Yes. A.—Of jute bags and twine? Q.—Of other articles outside of jute bags and twine? A.—Any other department? Q.—Yes. A.—The various departments all report to me. | .—What are they—that is what I want to = 5 4 all the depart- | find out? A.—I don’t kno ments in the orison, I believe Q.—Can’t you tell me what departments ra- port to you, showing the sale and disburse- | ment—the receint and disbursement of money | other than the commissary and jute? A.—No, I cannot, for this reason. what some of the sub-departments report through the other departments. Q.—Now, then, if there be any sub-depart- ments that report through any other depart- ments, what are the sub-departments, and to what departments do they report? A.—Most of | them, for instance, the shipping department has to deal both with the jute and commis- sary. You asked me now whether they report to me or not; I am not sure Without my books, to say at this time whether they re- port particularly—directly to my _office, or whether they would report to these other two departments. B But finally, do not all of these facts in some manner or method come to your depart- ment? detail. Q.—In any kind of form? A.—Yes. Q.—Now, then, the jute department comes to you separately in a summarized form, does it? A.—It does. ow, in what other department of manu- facture comes to you in a summarized or de- tafled form? A.—Well, I just explained to you that T was not sure whether all these other departments did not report through one of these other departments to me or not. Q.—Well, now, if they do report to you through one of these other departments, through what other department? A.—I say either through the commissary or the jute. Q.—The commissary or the jute? A.—Yes, sir. Q.—Well. how long will it take you to ascer- tain that fact? A.—Oh, Y could find that out simply by reference to my books to see whether I keep an account with them or not. OLIVER PLAYS HIDE AND GO SEEK WITH FURNITURE QUESTION Q—Do you know whether you have any book shewing an account, for instance, for the manufacture and sale of furniture? 'A.—I don’t any such department. e 36 you recall any reports of that kind being made since you have taken office? A.— I do not. Q—Or the manufacture and sale of any other article- except jute—that is the sale of manu- factured articles? A.—I have not; no, sir. Q—You have none of that kind? = A.—No, I, S —And you have mo knowledge of that ever coming to you through either the com- missary or the jute d:lpa:'tment? A.—Well, hnical no, constructively yes. "°q.—w’x§’;( do you mean by that_ technically no and constructively yes? A.—Well, there have been certain bills, for Instanee, that have been audited that would indicate perhaps that certain_things might have been done. Q—Yes, but what I mean is if there have been certain receipts of money given in to u? YflMr. ‘Whiting—If the court please, it strikes me that we are getting Into a wide fleld at this time. It is evident, from the witness that he cannot intelligently answer all the questions that counsel asks him without reference to his books. Now it seems to me that those books being produced here in court would be the best evidence for all those matters, pro- vided you now identify them. IT:E}SQHH—ML Campbell is trying to find out what books are necessary. Mr. Whiting—For that purposé there ic no objection, trying to identify the evidence and Tecords which are under the control of this e Campbell—What T am endeavoring to do is to get at the books which will give us the light. - And now I am going to ask the ques- tion of the witness directly. We want, Mr. Wijtness, to ascertain from your books, if there be any, showing the accounts which have been kept of any of the manufacture and sale of articles outside of jute baks and twine? A—\Well, T am quite positive that I have no ord. not only—have -ou any documents {howing the manufacture and sale of furniture? A.— Not the manufacture and sale—no, sir. Q.—Or have you any documents showing the cale or the receipt of any money for it? A— Well, 1 would like to have that word ‘‘sale more closely. e e Vhat do you understand by it? Tt is a piain word—a plain English word, isn't it? Mr. Whiting—We object to the witness de- fining the word sale. It has a recognized meaning_in la. Mr. Campbell: Q—Give understand it? urt—The word “sale.”” The o ea mean by that money paid? Well, 1 hardly know how to put it. Do you mean compensation by employes of the present? Would you call that a sale? The Court—Counsel means the same as if you went down to a store and bought some- ihimg. Say, if you went down here and bought & cigar, that would be the sale of a cigar. ‘The it to us as you ‘Witness—In that sense, no. Campbell: Q—Now, in what sense hoas vou ahy records showing that there was Any sale, any kind of a sale? A.—Well, ac- Aing to your construction of sales there ;0.' b!'!n none that I know of. 'Q.—By your construction, or any conceivable construction, have you any record showing any sales? A.—I think may be I have. Q.—Well, now, what is it? A.—Consisting of Bills possibly, but I would not known with- out an_examination of those bills. 'Q—well, will you examine them? can do so if the court so instructs. 'Q.—“Can you bring the bills here and your ledger? A—What? I— ‘Q—How big Is your ledger? A.—It is bigger than this book I have here. That has not the bills in it, you know. . ? A.—That has mot the bills ir it. Q. —But your ledger would show the receipt of all moneys from the Warden, would it not? A—Yes, sir. < ‘@ —And would show what_departments those receipts came from? A.—Yes, sir. Q. —Now, then, will you kindly produce your ledger and the bills which you think would show sales to-morrow morning? A.—Now, it your Honor please, I can’t undertake to do a thing like that. The Court—How many bills would there be? A.—There are something like 20,000. The Court—20,000 bills. [ think, perhaps, Mr. Campbell, if the ledger were brought to- A—1 morrow morning you might be able to tell from that what those bills actually are. ‘Mr. Campbell—And I would like to have, be- fore we proceed further with the examination, I would like to have the witness June. The Court—The 30th of June of each year? Mr. Campbell—The law requires that and the Warden thereafter make a report. Now, then. I would like to have you make a search to determine whether or not you have any such reports under subdivision 9 of the du- ties of the Warden. A.—By the way, while you are there, don't those reports go to Sac- ramento to be filed? Q.—No, sir. It is the rule I refer to. A.— I think those reports would go to Sacramento. Mr. Campbell—To close the books of the pris- on on the 30th of June annually, and at the same time to take a careful and comolete in- ventory of all the property belonging to the State and under his control belonging to the I am not sure but | ‘A.—Either in a summarized form or | make a search for the annual report—I mean the an- nual report which is made after the 30th of the books shall be closed on the 30th day of June, prison, and render a report exhibiting a com- prehensive view of the transactions of the prison during the preceding year, showing the various branches In which the prisoners have been employed, the profits to the State. if any, arising therefrom, together with such other matters of importance and interest connected with the prison as may be deemed necessary and proper. A.—That is that report to— Mr. Campbeli: Q—To the Prison Directars. It is the annual report of the Warden after the 30th day of June. A.—I don’t think it is made up vet. Q. —Warden Aguirre went in there in July, 1899, there should be one— A.—Oh, there may be_some back ones. Q.—That is what I want. are all filed in Sacramento. The court—You make a search and find out. Mr. Campbell—You can find out? A.—Yes, sir; I can find out. Q. —Now. then, I would like to have your ledger showing the amount of money, and any book which you have showing the amount of money received from the various departments; and I would like to have you produce them to= morrow morning, if you can. A.—Yes, sir, I can. The Court—To-morrow morning. Mr. Campbell—Yes. In the meantime I sup~ pose these records will bave to be copled into the record. Mr. Whiting—You have not offered them, Mr. Campbell, yet. I object to them at this | time. ~ I don't know what they are, Mr. Campbell—They are offered for the pur pose, under the testimony, of showing monthly reports made by the Warden, as being the sole and only reports made by him to the Board of Prison Commissioners. They are offered to show what they don’t show really. I offer them to show now that these are the reports, they don’t show anything at all about the sale of any—they are offered simply to show, if your Honor please, the monthly reports of the | Warden in the sale of grain bags and gram bags alone. So that if there be any merchan- dise other than that which has been manu- factured or sold at the prison, it is not in the monthly reports. Mr. Whiting—Well, I presume that the court will desire to examine them before ruling upon this question, and I will examine them myself, and I suppose you will reserve your ruling ‘until later on. The court—Very well. Mr. Whiting—Have them marked for identi- fication at this time. Mr. Campbell—Well, I am perfectly willing —they are all alike—that you may take one or two of thers and give them back to Mr. Oliver and let him take them back, if he wants to; they are State records. A.—No; I don't want to lose them. | Q—You are willing to let Mr. Whiting keep | one ‘or_two of them? Mr. Whiting—I understand you desire to have them go in the record. Mr. Campbell—We would like to have them copied in the record. There is one report there about people being hanged. I don’t want that in the record. I don’t think we have anything to_do with that. The court—Proceed and read them into the Tecord. If they are not proper I will strike the whole matter out later on. Proceed and read them into the record at this time. Mr. Campbell—Can't I give them to the stenographer and let him just copy them in? The court—If you have them marked for identification that will keep them here. Mr. Campbell—I would be perfectly willing to consent they go back to him until to-morrow morning. Then, probably. when we get the other report—if we get them and the books— why, we may be able to introduce the matter from the book and save putting in this volumi- nous record. Q—You will bring them back to-morrow morning, Mr. Oliver? A.—Sure. Those are all of them. The court—We will have to take a recess at this _time. Mr. Campbell: A.—Yes, sir. Q—I wish you would bring with you the ledger and journal. A.—For what year? Q.—Well, I would iike to have the journal for the years 1901 and 1902 up to this time. Mr. Whiting—Is the journal a book of. orig- tnal entry? A.—I beg your pardon? Q.—Mr. Oliver, is your journal a book of original entry? Is that the book of original entry? A.—In our office—yes.. * The court—When will you be ready to take the matter up again? Mr. Campbell—To-morrow morning at 10 o'clock. The court—So ordere INVOLVES RIGHT TO VOTE. Peculiar Point Urged Against Offi- cials in Fresno. FRESNO, Aug. 18.—The suit of C. H. Rowell, editor of the Republican, and a member of the Free Library Trustees, to prohibit Mayor Stephens from ousting him from office because of alleged viola tion of the charter provision inhibiting active participation in politics by an of- ficeholder—in this case for voting at the recent primary—was argued and submit- ted this morning before Judge Austin. The argument was on sections of the Federal and State constitutions that such an inhibition is a denial of the guaranteed and inherent political privileges of every citizen. Depending on the decision are involved the cases of two other Library Trustees, a member of the Board of Health and two members of the paid Fire Departmen: g 2SR A Raker for Superior Judge. ALTURAS, Aug. 18.—The Democratic county convention to-day resulted in the following_nominations: Superior Judge, John E. Raker; District Attorney, G. W. Harris; Sheriff, B. B. Street; Clerk, L. Smith; Auditor and Recorder, Hilllard Ballard; Treasurer, I. W. Gibbins; Tax Collector, J. Todd Bonner; Coroner and Public Administrator, J. M. Plerce. The district delegates were instructed to sup- port Peter Peterson of Bidwell for the nomination for the Assembly. The dele- gateés to the State convention are not in- structed. Trinity’s Democratic Ticket. WEAVERVILLE, Aug. 18.—In the Dem- ocratic convention to-day H. D. Barber, William Condon and . Flelds were elected unpledged delegates to the State convention. The nominations for county officers were: Judge of the Superior Court, J. W. Bartlett; Sheriff, T. F. Ber- gin; Clerk, Auditor and Recorder, R. L. Carter; Treasurer, R. W. Stiller; District Attomeg H. R. Givens; Coroner, D. E. Ryai urveyor, T. J. Montgomery; As- sessor, L. Grigsby. EXHAUSTION ‘When you are all tired out; feel sleep does not rest you, your appetite is ploia’o rsford’s Acid A.—I think they Q.—You keep a journal, too? Phosphate will revive your strength, in- duce natural u};:a;ri:lpme nerve tion and Debility. Borstord's same en evecy GENUINE package