The San Francisco Call. Newspaper, August 20, 1902, Page 3

THE SAN FRANCISCO CALL, WEDNESDAY, AUGUST 20, 1902 FWASIVE TACTICS ARE EMPLOYED BY WITNESSES FROM THE PENITENTIRY 10 HIDE REGOADS. WHICH WOULD PROVE THE GALL'S CHARGES OF CORRUPTION | HE efforts of the defense to bring out the true condition of affairs in San Quentin met with stubborn resistance yesterday. The method resorted to was evasion. The books of San Quentin prison, if properly kept, will tell the whole story. James M. Oliver is chief clerk of the prison and custodian of the books. He was to have had these books in court yesterday, but produced only his ledger. The cashbook, which contains most of the original { entries, he had forgotten, so he said. Questioned as to his system of bookkeeping, he said that the “original” entries were entrics only in the aggregate. The data from which these entries were made are contained in reports { from the various departments in the prison. He thought that the reports were on file in his office, but he was not sure. He would look for them and produce them in court this morning if his search was successful. Re- garding the quarterly reports of the Warden, which ought to give a history of moneys spent and received in the prison, the witness said that the originals went to Sacramento, to whom he did not know; possibly to the Gov- ernor, but he thought to the Controller. He said that in his books there was no account of machinery, furniture or upholstery manufactured and sold. iiar ork to Have the Boaks Po- ued. | ok s Order 1o Bring Docu- ments. Sy T the morning session only two wit- were on the stand, James . chief clerk of the pris- | Aguirre, brother of he Oliver's testimony ble for two things— in mission that charged not sold, it was given he law. The other s brother, tes- been manufac- said that it had of employes, but ured him that for ff was manufactured out by and by. FAILED TO PRODUCE ‘ RECORDS OF PRISON Clerk Oliver Describes Loose Methods of Bookkeeping in San Quentin. liver, clerk of the San Quen- a delay in the pro- to arrive in court was the b set e court, but Mr hour late. Colonel bout invoke summary when the first of the delinquents contrary, deprananay sction a Clerk Oliver explained that his tardiness was due the delays of bay tr nd without more ado re- B sS nd to continue his 1 where he had left off the day k: Campbell took the witness in o red no more sat tion i on the previous day with r ihe disposition of the War reports. Mr. Oliver said t d only copies of these reports, had gone to Sacramen hey may he said, Controller. or might not had no time to search, 1 with mala::a s! v before and his assistan cuted the work of searching for witness volunteered the sug- | e copies should not be o evidence as the originals, file “somewher Sac- is 1o the ad might in i be the best evidence fjct Attorney Whiting suggesting that t! e copies, would be e time. said he, “‘the evident ob- | el in offering it is for the howing_that no report has the Warden of the things | charged here, that is, certain Now 1 submit that the regu- of that proof would be to shaw at the things were done which are harged and that no report was made of 3 | i {1 Then Attorney Campbell began a still hunt for the trail of those original re- ports. The proceedings continued as fol- Jows: Mr. Campbell—I will state for the informa- | ton ¢ the court and in answer to the sug- made by the District Attorney that ject in putting this Witness on is for rpose of getting certain papers and docu- < which will be identified and introduced idence, which will and material in the examination of witnesses which will foliow this gentle- And we think it is in the regular and course of the case to produce the pa- ave them introduced in evidence, and when they are referred to they are re- to as evidence—as certain evidence 1e before the court. Now, in relation to reports, which jhe witness says are in amento, they under this rule—under ules of the prison, as we look at them. he custodian of them, and not any one in ento. This is the duty of the Warden, appears to be the rules of the prison r the act of ‘91, and which, after its passage and spproval and publication, seems t € ave been published by order of the Board of Directors Now, it is the rule to cause the books of the prison to be so kept as s learly exhibit all the transac- tions of the different departments by means of a proper and systemf- tic account, showing accurately the cost of running esch department its earnings, if any, the receipi and expenditures of the institution, take a _guarterly report, specifying minutely the persons 1o whom or irom whom moneys are paid and | received and for what _purposes which report, with an abstract o voucpers, he shall prepare and lay | before the Board of Directors at the | end of each gquarter for them to audit and cxamine, having pre- | viously submitted the same to the cierk of the prison to expert and compare with the books as kept by | him, and the clerk shall certify to the correctness of the report. This is the clerk and the report mentioned in that rule is the report that we are seeking to obtain Now, under that rule there is noth ing about any reports which are in Sacramento, and that is what we are attempting to get at. Mr. Whiting said that if the object was scover evidence at this time his ob- Jection would not lie. The court sald to Eave time and it appearing so hard to get wi es it thought it would be better to c tc t the clerk go into the matter and if were not connected with the case it uld all be stricken out. Mr. Campbell—Now, have you any of those reports which were submitted to you by the Warden—quarterly reports, to be by you ex- ined, experted and sudited since the time Z % 7 SN, QUEN TLY = ;/fifzyyfzflfly* FINFWB WAY 70 THE HAIL OF J 'C.E}ZL'J ZEVIDENCE OF JOBBER AN OBFERT DUKI: O JHFS F JUSTICE WITH THE v I BN / — 3 = = -——-l‘- SNAPSHOTS TAKEN YESTERDAY BY A CALL PHOTOGRAPHER BEFORE AND AFTER THE HEARING IN COURT. L g 1 A. (interrupting)—Hold on; I say I have none. | cashbock? A.—Yes, eir; that is from the cash- Q.—And if the machinery—if ma- | mill, the latter being subdivided into a | above the carpenter shop that is used for—the 1 think there is one now in the course of trans: | book. chinery is manufactured at the | nunper of departments. All of these, he | T90m there is used for many purposes, storing n _to Sacramento, the 1 ne Q.—Will you kindly show us your cashbook? | prison and meid, from what depnr- | JLA00 13 not" Tecall. bit under the: | hiss tway. you any of the rts such as | A.—I have not got it. | ment would you expect that report? | S4id, he could not re g Q.—Do they manufacture any furniture in the , which I read to you, in O.—Well, what aves that indicate—that he suggestions of Mr. Campbell he thought ned in rule cession? amphlet is entiraiy nt through all the pris AT would like to see that new to me. I ives last night rules. Tney cen over they thought ‘aptain Q—We will sh first vart of it first A.—What does this rule the board? Q.—Yes, I will show it to you if you cannot find it. A—I s asked, to save time, looking back at s it? A.—Thank you. No, I have Mr. Campbell—Have you ever seen any such report as that? A.—I have Q—Have you ever experted them? A. have. Q.—And where are they? A.—In Sacra- mento, to the best of my information. Q.—Now. I will ask you, in view of that answer, whether or nay you have ever heard from any person of the mannfacture and sale of furni- ture in San Quentin? Mr. the g 1 Whiting—I object to the question on round it is incompetent, immaterial and rrelevant and_calis for hearsay evidence. The Court—I think I will sustain that ob- Jection, Mr. Campbell Mr. Campbeli—He is a public offi- cer; the records of all the transac- tions of the Warden must be made to him and examined about it. He | said yesterdav that he did not know become absolutely | of any such sales. Now, I want to know if he has ever heard of them by reason of his oflicial position. Mr. Whiting—We object to the question on the same ground unless counsel—in _this, as counsel con- tends that the rules require reports | to be made the reports are the best |in them and evidence of what any- evidence of the matters contained body might say as to what the re- | poris were is evidently hearsay evi- you have been clerk of the Board of Prison Directors? A.—1 have not. 4 Qs therc, quring your time of office— dence. Mr. Campbell—I am asking him individually, as an individual, after having looked at these reports, if— well, I will withdra: the question. I will do it this way: Do you know from any man of the sale and de- livery of any furniture manufac- tured at San Quentin, to any person whatsoever. during your term of office? A.—1I do not. Q.—Will you kindly produce your books showing the account of the Warden of the prison at San Quentin?__A.—You mean the personal account of the Warden? What year, Mr. Campbell? Q.—Well, how many years does it run over? A.—Well, we have a ledger for each year Mr. Campbell—Well, I will take the account from July 30, 1900, 'to July 30, 1901; from July 30, 1901, to July 30, 1902." A.—I don’t think I have the books here to show the per- sonal account. @—1f you have not the books here to show the personal account, what other account have you with the Warderi—do you keep? A.—I have an account of all the various departments. Q.—With all the various departments—well, have you kept in your ledger the account of | cash received by the Warden, the debits and the credits? A.—Yes, sir; it probably woull not appear under the head of the Warden. Q.—What would it appear under the head of? A.—The various departments in the prison. Q.—If the Warden had received any money, say for furniture, under what department head would you keep that? A.—Jute. Q.—Jute? A.—Yes, sir. Q.—Turn, then, to your jute ne- count and see if in that account you have any jute furniture? Mr. Whiting—Before you read anything from those mccounts— Mr. Campbell (interrupting)—I am going to simply have him identify them, Mr. Whiting, then I will look at it with your permission, then I will offer it to you before I offer any of it. Have you the journals from which this sccount is posted with you? A.—Well, that account 1 may say is made up jointly from the journal and the cashbook. 1 have that s0 fap as that was made up from the journal. Q—Now, for instance ‘‘cash,” the second item on the credit side, 21—is that from G | paid in cash or from our cashbook? ment is credited with that amount. what was it? A.—I don’t know. you the book to show? A.—Not jute depar Q.—Well Q.—Hav here. ‘he Court—What book will show that—the ashbook, you say A.—The "cashbool would show in the aggre- —The cashbook would show—will show in the aggregate? A.—Yes, sir; I said only that yesterday. Mr. Campbell: Q.—Look at this account— this is for the purpose, if your Honor please, of getting at the book—and show me an item in the account that is posted from your jour- nal?, A.—I guess there are quite a number of them. Q.—Just mark the number—tell me what it 17 A.—In this department there may not be— there don’t seem to b, as a_matter of fact. Q.—Don’t seem to be any of the items in this department—the jute department—which are posted from the journal? A.—Just wait a min- ute until T see. What Is that? Fifty-two—yes —no; I don’t believe that there are any more. I thought that some of these were. Let us see, 80 I can make sure. There might possibly be an exception or two, but I think the great majority, if not all of them, are from the cash- book. Q.—Now, you have not any book here show- ing any transactions in furniture? A.—No. Q—Nor in machinery? A.—No. .—Nor in upholstery? 1 have not any department on that, of that sort. Q.—Well, what was the they would all go into jute again? A.—Yes, I presume so, if there is such a thing. Mr. Campbell—Do you keep a department for ' stable — wagon department? A.— Well, that comes in under the head of—farm, I think they call it; something of that sort. The_ Court—You keeo those department books? A.—No, I do not keep department Books Mr. Campbell — (Interrupting) — The only items you have there are items in the agar ate of these different departments? A.— es, #ir. Q.—You sald you had a journal which you eald would show those? A.—In the aggre- gate. I was careful to say in the aggregate. Q.—That is what we want to see. Will you Kkindly produce your journal, or kindly produce the commissary account here? The witness here took the book and ex- amined it. A.—Here is the commissary. o Q.—Now, are the items In the commissary department, the debit and credit, taken from your journal or the cash book? A.—Both. Q.—Have you any item in the commissary department showing the account of the sale of any furniture or lumber by the commissary ? A ot as 1 know of. Mr. Campbell—Now, Mr. Oliver, will you Kkindly €how to the court your systém of book- keeping. Where do you get the data from for these books? A.—-I don't know whether my office is under fire here or not. Q—Sir? A.—Is my office being investigated here? The Court—Mr. Campbell wants to know the Mr. Campbell—I don’t know whether it Is not, either; and I don’t—I am not asking you for any rejoinder, sir. I am asking you sim- ply to answer these questions? A.—Yes, sir, but T will certainly protect myself if T see the way to do it—if it becomes necessary, The Court—The court will protect you. An- swer the questions. You will kindly answer the question. A.—Why, the system is simple enough. The daybook which most people have “most firms have, Is lacking in that depart- ment—in our department. The journal and cashbook are practically the books of original entry. The journal and cash book are made up_from the reports of the various departments. Mr. Campbell: Q.—And where are those re- ports? A.—They are supposed to be in various departments, .—You make your books up from them; then _what are they—don't you koep them? A.—Yes, sir, we have most of them on file. —Have you them yet? A.—I presume so. Q.—Have you fnade any examination to de- termine whether or not you have them? A.— Not since yesterday; no, sir. Q.—Wall, from what report would jou, make up and enter into your ook of original entry any sales of any furniture or timber or lumber, or things of that kind or character? A.~Timber and lnmber would come through the jute mostly. A.—The | .—1 would not expect any report f anything of that sort. Q.—Sir? You would not expect any report—ivhy not sir? A.—They don’t sell anything of that sort there that I know of. Q.~—That is. if it has been done {on have no knowledge of it? A.— No. Q.—And you are, practically, the head nccountant of the prison? A. —Yen, sir. Q.—Will you make the same an- =wer in relation to the furniture and upholstery articles? A.—So far as I know—yes. Q.—If they were manufactured and given away, any sccount of 1t7 A.—No, I don’t have any account of anything of that sort being manufactured there 1 _have no account of anything o any sort being manufactured; the only thing I have any account of, is the manufacture of jute. 1 have an ~ccommnt all_materiais, but I have no account of anything of the sort being manufactured. Q.—That is all I want. Now, I ank you to produce yoar cashhook on to-morrow morning and the in- ventory which Mr. Hale left. A.—Iaterrupting: The inventory which 3 Hale left? - Q.—Yes, if you can find it. The inventory that was taken just when Mr. Hale went out of office. The Court—If you know—if you have such a paper in the office? A.—They are supposed to be filed. Q.—You can make the search? A.—Yes, sir; T think they are in Sacramento, Mr. Camobell—Why, Mr. Oliver, have you not got Warden—the jute account charged with the Inventory of July 81, the first item— look at your jute account? A.—Beg pardon? Q.—Will you look at your jute account—will you please go and look at the first item at the top of the page, July 81? A.—What s your question? 1 - Campbell—What Is that question? Read Mr. Whiting—We object to the substance of the thing; you may state what the account {s. Mr. Campbell—Isn't that the inventory? A. Tawen 1 t that 1 " Well now, I want that inventory that you referred to In that account in the ledger? —1 don’t think you will get it; I think it is Sacramento. 1 The Court—The witness will make a search or it. Mr. Campbell—And the report from which you make your entries in your journal and cash book from all of the departments, and return with this ledger and any other original books of entry which you may have? A.— For what year? Q.—Since July 31, 1899, The Court—They will have to be brought here by express. Mr. Campbell—Very well, it you have to bring them by _express bring them. The Court—Well, I suggest the witness send them to himself care of this court. 1. Campbell —That 1s all 0 far this morn- ng. TELLS HOW FURNITURE WAS MADE IN PRISON Joseph Aguirre, Brother of the Warden, on the Witness Stand. Joseph Aguirre,brother of Martin Aguirre, the Warden of San Quentin, was the sec- ond witness. He stated that his position was that of overseer of thé prison, that he held general supervision over the va- rious departments. He said that he paid more attention to the bag manufacturing than anything else and the receiving of money. He said that the departments comprised the commissary and the jute would you have of the blacksmithing and farming depart- ments. He knew of no harness depart- ment. He intimated that Campbell was asking for knowledge of something that existed before his time. Mr. Campbell—I only ask you to testify te your knowledge since you have been there. A. 1 want to be fair with you and I expect like treatment. Q.—Oh, you will get treatment just as falr as we can possibly give yo Mr. Whiting— s 1 understand the question at this time, Mrs. Campbell, you are referring to the time this witness hi been in office? Mr. Campbell—That it what 1 want to know —if they ever had, since he has been overseer, a harness department or & department whereln they manuiactured harness. That is the ques- tion. A.—It is not called by that name. I'nere is harness made for the use of the State that Is made under the stock department. Q.—That is what I want to get at, Mr. Aguirre. Under what department does the man- ufacture of harness come? A.—You asked me if there was a manufacture of harness. 1 sald no, there is not. The harness that is made for the use of the prison is made at the stables, and that comes under the stock department. Q.—Stock department? Have you a ma- chine department—a machine shop? A.—Yes, sir. Q.—Blacksmith shop? A.—Yes, sir. Q _Wagon-making estabilshment? A.—Well, 1 don't know as you can call it that. There place at the stable where they paint the ve- hicles for the employes and fix them up and hing and another. o R e ot the machine shop, blacksmith shop and the wagons—where they repair wag- ons, or whatever you call it—come under one head, under the machinery department or the blacksmith department, or.what you call it? A.—I don’t think so. ‘Q.—Under whose supervision is the harness made and repatred? A.—Well, that is under the stock department. 8. ¥ho s the head of the stock department? A=A gentleman by the name of Hunter—he was—has been up to a short time ago. The Court—Captain Hunter? A.—Yes, sir. Mr. Campbell—Mr. Hunter; has he charge of it now? A.—No, sir. Q.—Who has charge of it now? A.—A gen- tleman by name of Robinson. ‘Q—Captain Hunter severed his with the prison? A.—No, sir. Q.—Ts Captain Hunter at San Quentin? A.— Yes, sir. & ‘@ —What is he engaged in doing there? A.— He is captain of the yard. Q.—Oh, yes; he is the man#who took Cap- tain Edgar's place? A.—Yes, sir. 'Q.—Now, under the head of carpenter shop, what do they do? A.—Well, of course, I am Poihe Court (Interrupting)—Just _generally. A.—1I am not familiar with those things. ‘Mr. Campbell—You are the gemeral over- seer? A.—The general overseer is not sup- d to be a carpenter. Doa?f;‘lrsl. who is supposed to be at the he.d of the carpenter shop? A.—That is another proposition. Mr. Emslie. @-—What is his first name? A.—Henry. Q.—Now, is the carpenter shop, or the car- penter department, divided into any depart ments? A.—I don’t think so. @—Who assigns to the carpenter shop the carpenters? A.—Generally the heads of the departments; they call for a man; if they want to get any particular man who is useful why they generally go to the captain of the yard. Q. —Yes, you know that, don’t you; and that is the way the carpenters go there? 'A.—I am giving you the best I know. Now this is hea Say. ~This is the best of my knowledge. don’t know positively whether they do becaus that is out of my line of business, but I under- stand that that has been the custom. Q—Yo do know, however, don't you, the kind and character of work which these various departments carry on from day to day and month to month? A.—No, I could not say R Do you want us tb understand that you do not know the kind or character of work that was done by the carpenter department dur- ing the last year? A.—Yes, sir. Q—Do you know any of the kind or char- acter of work that was done by the carpenter department within the last year? A.—Any work that was done? Q.—Can you give it? A.—Yes, sir. How many carpenter shops ne. i ‘Q—Well, is there any other shop above the carpenter shop? A.—Well, there is a place relations there? .2 carpenter shop? Mr. Whiting—We object to the question on | the ground it is immaterial, incompetent and | irrelevant, and the witness has not shown suf- | ficient familiarity with the class of work that | is carried on there to enable him to answer that question. The Court—Objection overruled. The reporter reads the last question. A.—Well, as 1 sald before, I don't | know—of nll the work that has | been done in the carpenter shop. | They may have dome work there that I don't know anything about, | and they have done some work | there that I do know something about. Where to draw the lime, I don’t know. If you explain and make yourself a little more clear Mr. Campbell—Kindly read the question. I domn’t know that it is necessary——that it needs any line drawn. I’ssk you a plain, simple guestion in the plainest, ordinary nglish I know how to use. And that is all the kind I know. A.— You used the word “manufacture Q.—Yes? A.—What do you m by thott Mr. Campbell-——Well, take some boards, and take a hammer and a saw and some brads and some nails and a plane and concern and knock up a buream or a bedstead? A.— Yes, sir, Q.—I would call that a manufac- ture? A.—Yes, sir; we have done the work. Q—What? A.—Some of that kind of work has been done. Q.—Now, dop’t you know that that kind of work has beem dome there—a great deal of that kind of work? A.—Some of that kind of work has been domne there. ~—How much? A.—I could not tell you that. Mr. Whiting—I suggest the time be lald, if the court please; the question is indefinite. Mr. Campbell: Q.—How much of it was done from July 31, 1890, to July 31, 19007 Mr. Whiting—We object to the question on the ground that it is too remote. A.—I should think that you would—— Mr. Whiting (interrupting)—One moment. A.—Excuse me. Mr. Whiting—I submit that some limit must be placed on the transactions that are alleged to be the subject of this. libel or charged in the libel. The reporter here read the last question. The Court—What are the dates, Mr. Re- porter? The reporter here read the last question. Mr. Campbell: Q.—That is the first year of the_incumbency of Warden Aguirre. The Court—I think that refers to the sub- ject-matter of this action. It is in the copy | of_the_libelous article. | Mr. Whiting—The point made is that it is too | remote from the time charged up in the Iibel. | Mr. Campbell—Well, that—we will have to | be governed, if your Honor please, by the alle | gations that are alleged to have been libelous, | and they cover this particular time—since thé | Warden has been In office. Probably the ob- | jection 1s well taken upon that ground—that I | should establish by the witness when his | brother did take office, and I think—I with- draw it for a moment until I ask the ques- | tion. Q. —When did your brother assume the posi- | tion or dutles of Warden at San Quentin? A.—1 | think it was in July, 1899. | Q.—Now, then, when did you assume the du- | ties of general overseer of the San Quentin Prison? A.—About tbat time. Q—From July, 1899, to July, 1900, was there | any furniture manufactured in the carpenter shop? Mr. Whiting—Same objection, if the court | please, o The Court—Objectfon overruléd. A.—What is the question? (Last question read by the reporter.) A.—Yes, sir. Q.—Do you know the amount? A.—No, sir; 1 answered that question before. Q.—Was there any furniture manufactured from July, 1900, until July, 19017 Mr. Whiting—Same objection, If the court please. The Court—Objection overruled. A—From July 19 to 19017 Mr. Campbell: Q.—Yes. A.—I guess so; likely there was; I am not positive; possibly there w Q.—Was there any manufacturéd from July, o R Employes of Pei- entiary Put on - Sland. Warden's Brother mils Fumiture Was Made. — 1901, to the first day of May, 19027 A~Some farniture has been made there for the use of the e ployes off and on, all the time; cannot tell you what dates. Q—I am asking you if it was manufactured. We will get to the use of it bye and bye. Do you know how much furniture has been m: ufactured there since you have been there—as general overseer? A.—I" have answered you three times; this is the third time I nave answered that same guestion. ~—You may have to answer it another time. The Court—Q.—What is your an- swer? You don’t know? A.—I have answered the gentleman three times, the same identical question. Mr. Campbell—Q.—How much has been manufactured there for you? Mr. Whiting—We object to the question on the ground that it is incompetent, immatert and irrelevant, and on the further ground— and I think at this time it would be well to indicate the seope that the testimony is going to take In this alleged libelous article. I pre- sume that only evidence—the charge is that— boiled down in substance, is that the Governor —Governor Henry T. Gage is the beneficiary of criminal acts; now I submit that only evi- derce which tends to show that will be adm sible here. In other words that evidence as to— evidence that other parties might have been the beneflciaries of criminal acts as charged in that libelous article is irrelevant and im- material. The Court—Unless they connect Governor | Gage with the benefit. Campbell—If your Homor e, the line which they seek to draw in this matter is entirely too narrow; the article which is set out —the deposition, if your Honor will read the deposition—it alieges that there was fraud, thievery, raseality in San Quentin Prison, to use plain ordinary English terms; it alleges that Governor Gage knew it; it al- leges that of certain of these acts he was the bemeficiary. He, in the amdavit, which is atiached here to this complaint by certain innuendo, says that he had knowledge of cers tain of these criminal acts and vio- Iations of iaw; that he w: the Gov- ernor of the State of Californi: nd that it injured him in his od name and fame, not only as an indi- vidual, but as the Governor of the State. Now, if we can show, and we will show it—that violation of the W went on with his knowledge and with his consent, that not oanly the law was broken, hut the Statute law—not only that rules of the rison were broken, but that the Statute law was broken, and that as a part of this giganiic scheme he was the bemeficiary of eertaim of these unlawful, illexal acts—we have the right to do it. We must | Justity as broad as the libei; and if your Honor will take the complaint in this case and look at it, you will find that the Governor has made that allegation by innuendo; that he. meaning 5o and 80— Mr. Whiting (interrupting)—If the co) please, the point I make is this: If that arti charges—it does charge—it will be assumed that Governor Gage has been the beneficiary of criminal acts: now. if it charges that *other people have been the beneficiary of criminal acts also—that charges a distinct offense which is not a matter or the subject of investigation in this proceeding; if it charges that this wit- ness had been the beneficlary of those acts why that would be the subject of another charge. In this complaint—the complaint which embodies the complaint of Henry T. Gage of Wilmington Townshi~ and which i3 made a part of this complaint—it is alleged that Henry T. Gage was libeled; now I pre- sume that the testimony should be confined to the libel on him; that is the offense we are trying here. The Court—Unless the Governor can be con- nected, either as a beneficiary or as a con- federate, in some manner, this testimony will all fall Mr. Campbell—Still that Is a question. The Court—It is hard to say whether this testimony should not be allowed preliminarily. Mr. Campbell—It is a question of the order of proof, your Homor. I want to read that article to your Honor. Does your Honor take your adjournment or would you rather run on until half past 127 The Court—I think I would rather adjourn now. We will take a recess until 2 o'clock. OF INTEREST TO PEOPLE OF THE PACIFIC COAST Change Made in the Postal Service and Pensions and Patents Granted. WASHINGTON, Aug. 19.—The Postoffics Department to-day announced: Postmas- ter commissioned: Oregon—Joel L. Van Over, Caleb. These pensions were granted: nia—Original—William Smetts, Lovelock, $12. Increase, reissue, etc.—Alason H. Sutton, Loomis, $10; Dewitt C. Albright, Bishop, $12. Widows, minors and depend- ent relatives—Margaret Fralich, San Diego, $8. Oregon: Original—John Bunch, McMinn- ville, $8. Increase. reissue, ete.—Lewis C. Ray, Portland, $12. Widows, minors and Califor- dependent _relatives—Sallig C. Stenner, Portland, $12. Washington: Increase, reigsue, etc— George D. Porter, Chattatoy, $; Abraham N. Hess, Fairhaven, $8. These patents were issued to-day: Cali- fornia—Onorato A. Aicardl, San Franeisco, needle threader; Franics C. Bates as- | signor to Bates Hawley Postal Box Sig- nal Company, San Jose, Postal box and signal; Albert C. Calkins assignor to F. ‘W. Braun, Los Angeles, ore breaker; Hi- ram B. Harding, Los Angeles, tug sheave clutch: Barnett McDougall, San Francis- co_roof ceiling and floor construction; Albert A Medina, East San Jose, running g‘ear for automibiles; Joseph C. Sala, San rancisco, surveying and reconnaisance instrument. Oregon—Frank O. Garrison, Portland, ribbon fastener for writer machines; James G. Walker, Moro, attachment for threshing machines. ‘Washington—Frank W. Brink, Tacoma, chute for loading wheat or flour on H Peter J. Scharbach, Pe Ell, chan, e gear for bicycles. s L2 A5 1R Rain Prevents Trotting Races. BOSTON, Aug. 19—The trotting at Readville was postponed to-day on ace count of rain. "