The San Francisco Call. Newspaper, August 21, 1902, Page 2

9 THE SAN SDAY, AUGUST 21, 190z. FRANCISCO CALL, TH CONFESSION OF PRISON OVERSEER AGUIRRE PROVES THE CHARGES MADE BY THE CALL CHARGES MADE BY THE CALL WHICH LED TO GAGE’'S COMPLAINT OF LIBEL. ¢ direction of prison authorities, convicts, expert in forgery, have been employed to forge bills upon the penitentiary, fo substitute dishonest -demands for honest ones, to make false entries in the prison books, to conceal criminal transactions in the mase of crooked bookkeeping, in order that the family of Governor Gage, through the criminal assistance of Warden Aguirre, might thrive on a dishonoring bounty. Comvicts have been employed to manufac- o 8 ture the most costly furniture, which has been sent by Warden Aguirre to friends of his and of Governor Gage in this city and elsewhere.—From The Call, May 24, 1902. DENIALS MADE BY GOVERNOR GAGE TO THE CHARGES OF THE CALL. OS ANGEL made articles of — | ! Aug. 11.—Referring to the continued lLibelous aitacks upon me by the San Francisco Call I wish to publicly declare that I have never received nor caused to be made for me any convict-made furniture nor convict- I any kind, nor have I cver received any gift manufactured in any public institution in this State. Among the many crafty. artifices adopted by The Call to give color to its unfounded charges in order to defeat my nination are reproductions of shipping receipts by officers of the prison and others. Anotier reproduced shipping receipt is that of a chdir made by a convict named Larrabee, which The Call falsely says was returned after its pretended exposure since May 24, 1902. The making and shipping of this rrabee was at the time (namely, in November, 1900) unknotwn to me, but when apprised by letter from Larrabee of this fact I immedictely wrote and mailed a letter to him, refusing the offer, and then caused the chair to be ! reshipped 1o the prison.—From the Bulletin, August 11, 1902. THE CALL'S CHARCES PROVEN BY THE CONFESSION OF JOSEPH AGUIRRE. s-stand yesterday Joseph Aguir brother 1 of the Warden, confessed that he had shipped a couch, manufactured by convict labor in San Quentin prison, to Mrs. Gage, wife of the Gevernor, to the latter’s home in He testified that he had also sent a table to Mark Jones in Los Angeles. He further testified that he had had manufactured for himself three or four chiffoniers, one dosen dining-room chairs, an ice chest, a meat safe, e of casy chairs, and, poss Downey. i | | ! Yy, of articles, which he could not remember. He told of a mahogany bedstead zwhich he understood that his brother was to pay for. rd he confessed Al the material used twas owned by the State, but he clauned that for such material deduction was made from a man’s salary roll. After- i paid for all this maierial subsequent to The Call's exposure, on May 24. chants of the highest repute testified to the forgery ef bills submitted by them to the San Quentin prison. naa In Tuesday ine —— - — i - — it - —poarems £ —p ['s Ch Made| | ; | South Pacifi Call's Charges Made | \Southern Pacific to ~ r 0 | | Louis Bk ot e B (DENTIF! h A Gooa m Open || DEr TR D the Assistance | = | P By MR GAaGE f G Court. A : of Gang. el | [ Broiher of Warden | Compels Witness to 1 Ships Couch to || ' Disobey Order | | ; Mrs. Gage. || : of Court. HE charges made by The | | HE hand of the Southern Pa- 1 that corruption exist- | | cific extended in aid of Gov- n Quentin pris ! ernor Gage was apparent :at a conspiracy flo ! | yesterday in the trial of John by which the D. Spreckels and W. S. s looted; | Leake, charged with criminal libel. nufac | | The lawyers of the corporation so :;-‘flflflu"fd | closely allied with the political inter- d shipped through- | | | ests of the Governor have appeared in tate; that Governor Gage was | the field as obstructionists to the cause by the unlawful acts of ! | | of justice. They have forbidden a wit- in the co t of the | ness in the company’s employ to obey institution—all have be | the mandate of the court. This wit- proved c sion of cseph | ness is the custodian of important tes- rr brother of t Sar ent | timony in the libel case and has been = St ¥her 0% Sbe I San- Gpsetio | | | subpenaed to appear in court. On the 24y £ h i ‘ | instructions of the company’s attor- f Joseph Aguirre was | neys, he refuses to appear, and a bench T He was mnot in-|| | warrant will be issued for his appra- ¢ 1 he knew; @id not | | | hension. | anything he knew. His When the afternoon session opened s one of “I don't remember,” | | | | yesterday Attorney Campbell arose vy was refreshed so thor- | | | and addressed the court as follows: ggestive que ! | " “If your Honor please, some time since . T | |a foreign subpena was issued under terneys for the s { | the hand and seal of this court for ona weakened and broke | | i) % John Simpson, the agent of the South- down | 3 7 EDwWARD g 8 e S e % {ern Pacific Raiiroad Company at Dow- AGUIRRE BELLIGERENT. | 1\ / : DREYFLIS - J . : : | ney, Los Angeles County. C‘;‘lxllfosl"rm:;s 1 ttorne: C. G e o e 5 was understood between Mr. Simpso: iy 3 SrapbREDimucies | 4 | 3nd the counsel for the defendants the of the Warden's | | | that, pending these writs, we did net ed the witn in| | desire to keep him here so long and Aguirre was inclined | | | that he would come when notified. He er nd to resent the | | was duly served with a subpena and to n. So the atforney [ | | the order of the court to be and ap- y, and his man- 1 ?pear here. He was notified to come. s soft as a cooing dove. Aguirre ‘ | | He has netified the counsel for the de- & Soft a5 2 A h-r e H | fendants that the attorneys for the and he became | | | Southern Pacific Railroad Company Really, this law- | | | have instructed him to disobey and dis- ble, so the witness | | |regard the order of this court, And he kpew nothing | we now ask for a bench warrant for furniture from the | Mr. Simpson to appear before this e was the overseer of | | ‘courl and to bring with him his boeks, [ in accordance with the terms of that | )subpenafl' g | | “When did the subpena command hisnate § | him to be here, Mr. Campbell?” asked ; 3 } the court. | 2 580 e 3 “He was to be notified, and he has | p e : Ry Cion . been notified, and has notifled u§ that | Jif’c_.aup"; e he has been instructed to disobey.” ex. Thists Bl s s ! MAEES s corriis. || The Court—I don't know but what f furniture. He himself | ON THE “wITNES g“’ | | perhaps these writs of prohibition have or two. Where? | § S TAND | | stopped the court from instructing the B e Bec s b aaon Diabe 1ol ¢ . 2 | witpess as to attendance on the trial e Governor Gage in : lunder the present subpena. That may B s s - ———=—j | be the construction of the case. If the The Call had charged 5 o & | witness fails to answer the subpena, PPt | CASHIER OF SAN GUENTIN FRISON AS HE APFEARED ON THE STAND, AND OTHER WITNESSES. ‘lhen, of course, a bench warrant or at- | tachment will be issued for him. “I think section 107 of the Code of Civil Procedure covers that,” returned just such an accusation | % of the State charged He was floundering in the quick- rial of that crimi-| sands of e n and the end was. in = — - =3 rial. the aid of the law to fight the truth and got more law than they wanted. Q.—Whether it be for the jute account or|ing it a fourth time, because I want to make We had been warm personal friends? any other account it is reported to the clerk, | it the basis of another question or two. I Q.—Yes? A.—Well, we were friendly, quite | and here in open | sight. and friend of| Before he left the stand the witness the lie to the | confessed that there had been made iving Jibel and sustzining the newspaper | for him in the prison a dozen dining- charges. room chairs, two easy chairs, a table, Go or Gage, in his sweeping de- | 2 couch (Mrs. Gage's), three or four nial t he had ever been the recipient | chiffoniers and other articles. He of & favor, a single stick of furniture | @wakened to a sense of the position from San Quentin prison, took occasion | i1 Which he had placed himself and 10 laud himself on-a proper act. He | hurriedly made the statement that he stated ir eed he gave out for | had paid for all the material used in publication that he had once received a | hiS convict-made furniture. chair from a convict named Larrabes. | Y BeR? He jately sent thechair back to| WITNESS IS STAGGERED. the the prison, writing to the donor that ¥ 5 ikt 208 = | That was the poser that staggered Be conld pot accept such & bIrthdsy|,.. ‘witness. The bill for that me- $MX from | terial, and his estimate of the lat- TABLE WAS RETAINED. ‘ ter’s value, was ridiculously small, was But there is no record of his sending | settled, according to his testimony, beck this convict-made couch! His | shortly after the charges of conspiracy, friend, overseer, says that the chair | collusion and fraud had been published i of household furniture of | by this paper. ranch at Downby. | But that was not all in the day’s de- gentle manner of Attorney|velopments. Truly, it was a bad day pbell grew more stern. The ques- | for the conspirators. More bills were tions began to come with the force and | read in evidence, which will later on quic of a ammer. Aguirre | give further proof of the work of San ness saw the ground slipping from under |Quentin's gifted penman. Then came him. The Cell had abundant proof and |to the stand a former salesman In the a strong case had been worked up for |employ of Levi Strauss & Co., who tes- th yver. He knew just the ques- | tified that Mrs. Gage had bought goods tions to fire im, Lo pieces and the witness went | for the prison. There was no quibbling Clerk Oliver, who had been |about this witness. His answers came on the stand before him, stated that he | back like rifle cracks. “He knew hed no record of money paid for fur- | Gage and he knew. Mrs. Aguirre. niture; knew nothing of any furniture | had been in the store. manufactured in the prison. Mr. bill of goods bought by Mrs. Gage. Aguirre had testified that he himself | He showed in the firm's salesbook is the cashier of the prison. Yet he | where the goods had been entered. @id not know who paid for the material | Another witness, the floor walker for Both from which the furniture was made. | the same firm, knew both ladies. He Finally, he confessed that the materia! ‘identifled a bill of goods bought by ned by the State; he thought|Mrs. Aguirre, wife of the Warden’s he paid for some of it a2 long time ago. | brother. His brother, the Warden, had had u‘, Clerk Oliver again failed to produce bedstead manufactured in the prison. |the records which would. throw: so He could not tell for whom it was|much light on the subject of frauds, made. He pzid no further attention to | but the time was not at all badly spent it. as he knew it had been paid for.|with him. Facts were obtained from He, the cashier of the prison, couid | him which, ere long, will help to still mot tell who bad paid for the mate-'further enmesh the men who invoked Mrs. | He identified a | Warden’s Brother Admits Breaches of Law. of the State Prison at San Quentin and brother of Warden M. G. Aguir- re, in whose absence from the pris- on he is acting warden, was recalled to the witness stand. Following is the tes- timony adduced under Attorney Camp- bell’s examination: Mr. Campbell—Kindly tell the court as speci- fically &s you can what your duties as general overseer of San Quentin Prison were. Just be as specific as possible. A.—Well, practically, they varied. 1 have general supervision of all the departments and management, 5o to speak. 1 attend to requisitions, approve them. I pass on some of the requisitions and some are passed on by the Warden, and in his absence 1 take his place, and I am the cashier of the institution and ‘attend principally to the re- celving and disbursing of the cash that comes in and goes out, and to the bags, taking in the orders, Q.—Is that all? A.—It would take me— that would take a whole lot of time, and the man cgn attend to only so much. Q.—That is quite a general statement. Now, you say you are cashier? A.—Yes, sir. Q.—How many persons as bookkeepers have you under you as cashier? A.—Under me? Q.—Yes, ‘under your supervision; you must have bookkeepers, don't you? A.—No, sir. Q.—Well, who keeps the cashbook? 'A.—The clerk of the board s supposed to be the book- keeper of the Warden. | ""Q.—The clerk, that is Mr. Oliver? sir. JOSF}PH AGUIRRE, general overseer A.—Yes, as cashier; all the cash received ¥ count for, or you make a statement to the clerk of the board? A.—Yes, sir— Q.—What? A.—Well, not exactly. For in- stance, cash that comes in for the sale of jute bags, 1 turn that in to the jute department— that Is, turned in the order into the jute de- partment, and the cash—I notify the ac- countant, and when the order goes out—when the bags are sent out the order comes back to my desk, and that goes with my approval, or with the Warden's approval, to the ship- ping. clerk, and the bags are shipped out, Q.—1 don’t care about that minute detail, but you get—say you get $10,000 from the sale of bags? A.—Yes, sir. A —Well, Q.—To whom do you report that? it depends—some of that might be reported to the jute aceount, who also reports to the clerk. Q.—But Is it not all reported to the clerk of the board? —Yes, sir. i e;lh veceived and all cash paid , sir, is it not? A.—Ves, sir. Q.—And the clerk {s Mr, Oliver? A~—Yes, str, Q.—Then, If there should be any eash re- ceived, or anything that goes out of that prison, merchandise or anything else, it s Teported to the—to Mr. Oliver, the book- keeper? A.—Yes, [t |3 reported—only I want to explain a little bit—why, we have some- times—that is, It goes from onme department, and from there it goes to the clerk, you see. It uitimately goes to the clerk. Q.—It ultimately goes to the clerk? ] sir. Q.—And he has or should have an account of all ‘money recelved and all money disbursed, the persons fram whom it is received and the persons to whom it is paid? A.—Well, I don't —1 am not—I am not Keeping the books for the clerk. I cannot tell you that. Q.—You make that report, do you not, as the cashier? A.—Oh, I don't know his methods of bookkeeping. Q.—You make the report as cashier of the prison? A.—Yes, sir. Q.—You make the report of all money re- celved? A,—Yes, sir. Q.—And the persons from whom you receive 1t? A.—Yes, sir, Q—And for what it 15 recetved? A.—No, sir. Q.—You don't make it for what it is re- ceived? A.—Not always. For instance, we get $10,000 for bags—the detailed part of that transaction i3 in the jute department, the sum total is in the clerk's office. Q—Well, you get $10,000 for bags? Ai— Yes sir. Q.—Then you report that you have recetved $10,000, don't you? A.—Yes, sir. Q.—Then you also report how much you paid out of that $10,000, don't you? A.—Yes, sir, Q.—That report is made to Mr. Oliver? A.— Yes, sir; but not in detall—not in detail, as I sald before Q.—Then, If there has been any money re- ceived by you as cashler of the prison, and as general ‘overseer for any property that has been sold, it 1s reported to the— A.—To the clerk. Q.—To the clerk? A.—Yes, sir. Q.—And whether or not the cierk has kept his books straight, you have— don't know. Q.—You are not prepared to say? A.—The ex&en found them correct, however. .—They are—they are supposed to be cor- rect? A.—Yes. Mr. Michael McLaren, the ac- countant so reported. g Admits the Furniture Was Shipped From the Prison. Q.—Now then, the other day, Mr. Aguirre, Al you said that I asked you the same question over three times. You will excuse me for ask- understood you to say that you did not know how much furniture had been manufactured In the carpenter shop sines you have been general overseer? A.—Yes, that is right. Q.—Now. Is It possible, then, that there could be any quantity of furniture manufactured and hipped from that shon without your knowl- edge? A,—It is possible. Q.—Do you know of any furniture being shipped from San Quentin Prison during the year 1901 or the year 1902 up to the first of May? A.—Well, I don’t know as I could an- swer that. 1 never saw the—I have seen some furniture in the carpenter shop there, made for the use of the employes, but I could not swear that It was shinped out. I never saw It. The Court: Q.—So far as you know no fur- niture was shipped out? A.—No. Q.~8o far as you know no furniture was ever shipped gway from there? A.—So far as 1 know. Q.—That had been manufactured there? A.— InSan Quentin, within two months probably, I think I made—I made two shipments myself, possibly three. I don’t remember. Q.~—~When did you make those shipments of furniture manufaect- ured in San Quentin? A.—Well, I don’t remember. I ment a couch onge, and I think a table. .~—A couch to whom? a couch to Mrs. Gage. Q.—To ywhom? A.—To M Q.—To Mrs, Gage? A.—-Ye: Q.—~—And A The table, I think, te a friend ours in Los Angeles. Mr. Whiting—Now. if the court please, we make the same objection we made before. I understand the court has not ruled on that this tim hat It s not permissible to show any shipments of property from San Quentin unless it is shipped to the Governor. Has your Honor ruled on that matter? The Court—These matters are admitted in evidence, subject to a motion to strike out— the ma will be stricken out unless they are connected fn some way, Mr, Whiting—We have no objection to that, if they are subject to that restriction. Mr." Campbell—I don’t understand that we are—I1 don't understand that we are confined to showing that It went to the Governor indi- vidually. Mr. Whiting—Oh, no, I don't contend that. Mr, Campbell—Wherever he was a party ben- eficially_interested. . Whiting—Yes, that is it. Mr. Campbell: Q.—How long had you known Governor Gage before you received your ap- pointment? ~ A.—Oh, a great many years. Q.—What had beén your relations with him prior to that time? A.—Very friendly. Q.—And_ where had you lived in relation to where ke lived? A.—When? Q,—Prior to coming tq San Quentin to live? A.—-We both lived In Los Angeles County. Q—It is a fact, is it not, that both you, your brother and Governor Gage and your fam- ily, and Governor Gage's family had been warm personal friends, had you mot? A.— Well. we had been friendly. Q.—You_ understand my question, Mr. ¥ou may snswer it yes or no? A.— o1 friendly. Q.—Answer the question. answered it. The Court: A.—I think I have Q.—Then you were personal friends, is_that your answer? A.—Yes, sir. Mr. Campbell: Q.—What is the distinetion between ‘‘quite friendiy” and ‘‘warm personal friends,’” which you draw, in your own mind— is there any? A.—I don’t know of any. Q.—Is it not a fact—or is it a fact that when your brother was the Sheriff of Los Angeles County that Henry T. Gage was his attorney? A.—Yes, sir. Q.—And you were the Under Sheriff, were you not, the office man? A.—Yes, sir, I was the office man. Q.—And how long was your brother Sheriff? A.—Two years. Q.—Is there any relation between your family and your brother's family and the Governor? A.—No, sir. Q.—Or his family? A.—No Thinks He Bought Material for the Gage Couches. not warm Q.—Now, what was the other shipments which you made, you said two or three? A.— I think I bought ,the material and paid for two or three shipments that were sent down there, and one was a couch, I know, and I think the ather was & table. A.—No, the other Q.—Sent to Mrs. Gage? wasn't_sent to Mre. Gage. Q.—Who was the other one sent to? A.—To a friend in Los Angeles. JQ,—-\Vno was {t, please? A.—Jones—Mark one:s Q.—Mark Jones? Mr. Whiting—Same objection, 1 it the court —Now, w! the material i done remembes T The Court—He says he does not remember. The witness—I don’t remember. Probably it Wwas—it was bought by the State, and at the end of the month any material that is used that way ls deducted from the salary of the employes, paying for it at the end of the month. Q.—Then if that were a fact Mr. Campbell: that ‘would be reported to Mr. Oliver, would it not? A.—At the end of the month that amount Would be deducted from the salary. That has been the custom since time jm- memorial. Q.—I am not talking about the custom? A.— But T am explaining that. Q.—I want the fact, not the custom? A.—1 can exolain, I think. Q.—What was the—of what material was the Continued on Page 3, Column 1. but you were quite friendly, | Mr. Campbell; “it says it shall not pre- | vent the court from arranging its ecal- | endar and proceeding with the trial. Those writs simply run to prevent the court from proceeding with the trial, not from ordering witnesses to appear from day to day. - I have no doubt in my own mind but what he was sub- jected to the jurisdiction of the court by the service of the subpena and the order of the court, which was in the nature of a foreign subpena. I think that he is in Contempt of the order of this court, having agreed, for his own convenience, with us that we should notify him. And I understand further that he would be here but for the in- junction and the instructions of the counsel of the Southern Pacific Rail- road Company."” The Court—If that be true, it seems to me counsel for the Southern Pacific «| Company would also be in contempt of court, Mr. Campbell—That is a matter which we could take up later on when Mr. Simpson appears and makes a statement. We ‘simply have that as | the statement, and could net put it before your Homor in such a shape as to be able to act upon it at this tima. The Court—Mr. Clerk, prepare the at- tachment, and I will look into the mat- ter before I sign it. I will not be ready to sign it until to-morrow morning. Mr. Campbell—And for fear that there should be any trouble about this, if your Honor please, we have also pre- pared at this time a subpena, which we ask the court to issue, containing a minute description of each and every Book, paper and waybill which the wit- ness has in his possession, and we ask that that be issued under the hand and seal of this court. Suitings ever in San Smith, 906 Mit.* Finest line of Fall Francisco. Suits $15 and up. LISBON, Portugal, Aug. 20.—Putnam Brad- Jee Strong of New York and May Yohe salled for Argentina to-day under the name of Mr. and Mys. Atkinsonm.