The San Francisco Call. Newspaper, August 24, 1902, Page 30

0 GENERAL DVERSEER AGUIRAE THE SAN FRANC CO CALIL, SUNDAY, AUGUST 24, 1902. T0F 3 BY CAPTAIN OF THE YARD EOGAR, THE EXPERT PENOLOGIS Veteré_;—()fficial‘v Exposes the Crime. S e S Begs Superior to Desist From ENERAL OVERSEER JO- PH AGUIRRE was warned of his infraction of the law in the manufac- ture of furniture and other stuff in the State prison at San Quentin. But Joseph Aguirre was above the law. The ‘Governor of the State was his friend and was the bene- unlawful acts, so Joseph nothing to fear. d the manufacture of gim- ngs and solid furniture full view of everybody on of the prison. who warned of his danger d with him in his il- ctice was John C. Ed- rmer captain of the yard in e’s reformatory. Captain Ed- d been in San Quentin for near- y sixteen years and is regarded as one f the xpert penologists in the He was on the witness v, and it was more in r that he spoke of served inside the walls man Joseph and re- He defied | te's The sturdy the prisoners, who has the service and who has rendation of every ad- he served admiration of the he had the ki figure on the wit- t and whom 0 longer in e ad the service of the ninistration having part- | v with him. But he is still former associates ‘and it h reluctance that he gave his which condemned the ap- of Governor Gage. In re- to a question, he replied that ew that furniture was being made carpenter shop, but he mnever ar tration of the fact. se he had never gonme into | shop, except when he ough there on his way to | d cell or an execution. Captain Edgar said: { ways understood that the there was nothing to be San Quentin except ught that trouble I did not care | n to testify stated that before the ation took hold of g work ex- been done in the workings closed yesterday | of Head Carpen- | This is a book of | so the carpenter testi- | 1slie’s book. e were certainly some | entries in the book was fully n the examination of it | for the defense.. The e book was certainly length of time it was sup- have done service. There was ss about it that attracted at- and moved Attorney Preston he owner when the entries had Emslie was sure that the been written in more than months or three months ago. He ugh, that he was fuliy.a ge of the shop before he ned the book. e entry of the material furnished to Joseph Aguirre excited the curios- ity of Colonel Preston. It was in July that the bill was entered. It was on May 24 that the exposure was made by The Call, and the intimation in Colonel Presto; question was that the entire y ¥ been written after the con- spiracy had been unearthed and - the conspirators were beating to cover. Carpenter Emslie said that he was the keeper of the records in his shop, yet he could not identify the writing in his own book. The handwriting was not his; that was the only thing of which he was certain. An ex-convict named William Daley, spent twenty months in the bas- startling testimony concern- anufacturing work which had going on in violation of the law. He told of carriages and buggies, mu- sical instruments and tables that had been e. He saw the articles in the process of manufacture and when they were completed he painted them. That was his business. He saw pearl apd one shells ground for the inmlaid be saw furniture shipped out prison by the wagon load. He said that he had nothing against the prison authorities, for they had treated him royally. He had nothing against Governor Gage; he did not know him. Then he told how he had been or- dered to make a design for two mono- ams. One was of the letter “G” and the other of the initials “H. T. G.” He stated that he knew for whom the monograms stood, but the prosecution would not let him tell this. The “H. T. G.” monogram he never saw in evi- dence after he completed it, but he saw his “G” design on several costly articles. It does not require a wizard to guess the owner of these valuabla manufactured goods. The former convict testified that not a week passed during his confinement that the commissary wagon did not leave the prison with a load of furni- ture, The day’s proceedings afforded an had ing X of | | | g APTAIN JOHN C. EDGAR, former captain.of the yard at San Quentin prison for fifteen or sixteen years, plinarians, is the man who had the assignment of convicts to the various departments. It was he yvho sent t work in the carpenter shop. He knew that furniture and' other articles were being manufactured in the prison, : violation of the law. Guards accompanied the prisoners to their work, but the captain of the yard never once went into the.carpentgr s the witness-stand yesterday morning he was questioned as to this apparent neglect of his duty, and he was called upon for an explanation of his tion. The veteran prison official made in response a most remarkable statement. He s an ] wish to have ocular demonstration of the fact. No work had been going on there for many years previous to the present administrati was going on in violation of the law, and he did not wish to possess himself of the positive knowledge, fearing that he might be compelle against the people who were employing him. TN A POSTTION 'To TESTIFY AGAINST. THOSE 1| was EMPLO = az Sarp TAIN EPS < TR MONOGRAM WHICH ITS OW SToRrRYy Salp THAT TELLS '~ THAT THE L.A\W THERE “WAS NOTHING To BE MANUFACTORED AT SAN QUENTIN gxgzp ASsr ST cAmTTAIN {1y EDaar OTE l\‘\]“ aid he knew that furniture was being manufactured there, N\ and one of the best of reformatory disci- he men, under order of the Warden, to and he warned Joseph Aguirre of the hop. While on seeming derelic- but he_ did not on. He knew that the work d to use the information H FORMER CAPTAIN .OF THE YARD EDGAR TELLS OF HIS WARNING TO AGUIRRE THAT HE WAS BREAKING THE LAW. TR object lesson to those who read Gov- ernor Gage’s statement that he had in- vestigated the affairs of the peniten- tiary and found everything all right. His idea of right—well, the evidence tells the story. The case goes on again Monday morning. — CAPTAIN EDGAR WOULD HAVE NO PART IN FRAUDS APTAIN J. C. EDGAR, who for fif- C teen years served as captain of the yard at San Quentin, which position he resigned a month ago, was the first witness called at the morning ses- sion. Following is his testimony: Q.—What duties did you perform as €ap- tain of the yard in relation to the assign- ment of convicts for labor into the va- rious departments? A.—They were all as- signed from my office. Q.—Do you know of a department there known as the carpenter shop or the car- penter's department? A.—Yes. Q.—To whom or to—to whose charge did you assign the persons for convict labor in the carpenter shop? A.—I assigned them to the carpenter shop and sent them to the superintendent of the shop. Q.—During the progress of your duties there did you know a man by the name of Enos Virgin? A.—Yes, sir. Do you know where he worked? A.—Yes, sir; he had been working in what we call six room—that is, a room above the carpenter shop. Do you know at what he worked? A.—Well, he was manufacturing articles out of wood, I know. . Q—Do you know what character of ar- ticles he was manufacturing out of wood? A.—1 think they were principally fancy articls Q.—Yes; of what nature, please, if you know? A.—Well, I suppose fancy boxes and tables and some furniture. Q.—Do you know whether or mot there were any persons working in this six room with Virgin? A.—Yes, there were some working there with him. Q.—Do you know how many? A.—I think four or five; may have been more within the last six months or a year than there was previous to that; I think that Virgin worked there alone quite a while. Mr. Campbell—Now, prior to the admin- istration of Warden Aguirre where did they manufacture, or did they have this shop in this room? Mr. Whiting—We object to that, if the court pleases, on the ground it is incom- petent, immaterial and irrelevant, Mr. Campbell—Well, I guess you are right, Mr. District Attorney. I will with- draw the question. Mr. Virgin and two or three men worked there, for how long? A.—Well, probably two years and a half, Q—Yes? Were there more there than two or three sometimes? A.—I don't think there were over three that were working at. woodwork. There might be some men there varnishing and finishing —doing this other work. q._fio you know whether or not any person worked there packing? A.—I do not know. Q.—Can you state about how many ar. ticles were manufactured six room? A.—No, sir. Q.—Was Virgin and these men working there continuously for the last two years and a half? A/—Well, I think that Virgin was. Sometimes he may have had only one man, and he might have had two, and he might have had three. Q.—Were you in the habit of going up to this six room? A./-No, sir. Q.—You have already stated that you know Mr. Joseph Aguirre. I will ask you to state to this court whether or not with- in six months last past you went to Josepa Aguirre and protested to him as to the manner of the conduct of that portion of the carpenter shop? Mr. Whiting—One minute, captain. We object to that upon the ground it is in- competent, immaterial and irrelevant. Mr. Campbell—If your Honor please, I think we— Mr. Whiting (interrupting)—It don’t show that. There is no foundation for the question at all. Mr. Campbell-Now, let us see. Let us examine that—see if we have— Mr. Whiting—It don’t show this witness, if the court please, had any authority to protest or any right to do it. Mr. Campbell—No, but what I want to show is the answer of Mr. Joseph Aguirre. Now, I stated to your Honor that I would show there was a conspiracy. I stated to your Honor that Henry T. Gage had been 8 beneficiary of it. Now, we have shown by Mr. Joseph Aguirre, by his own admission, that they manufac- tured in that place, upholstered— and until the publication of this al- leged libel—not paid for, was cer- inin material, to wit: They admit the couch, which went directly ifrom San Quentin to Mrs. Gage. Now, we have connected him ywith this matter—we have connected the family of Henry T. Gage with it, as he becomes the beneficiary, with it. We liave also shown by the various witnesses what has been manufac- tured for the family of Henry T. Gage;: that ix, that a great deal has heen received to be shipped to Henry T. Gage. We have also shown by one witness that Henry T. Gage and Warden Aguirre were in the shop during the time that these things were manufactured. 1 in this n in the service of the Stlte—rwhz was a man there who has & charac- ter and reputation fer being one of the best reformatory men who has ever been in a State’s prison—that when this matter went on he went to this Joseph Agmirre and he told him it would not do and that the answer which Mr. Aguirre made to him—— The Court—I will sustain’theggbject! Mr. Campbell—Excepteg. dechine Q.—Do you know of any persons who were there engaged in!the manufacture of any materials out of leather. A.—T do not. Q—Do you know any—a man by the name of —, Who Was a prisoner there by the name of Farl? A.—Yes, sir; there ‘was. Q.—Where did Mr. Barl work? A.—He was assigned to the shoe shop. Q.—Do you know? A.—I don’t know but what he did some work out of the stables; I think very likely he did harness work’ That is, repairing harness. Q.—Do ‘D“ know of your own knowl- gxgel v:lhet :r or not he made any harness? a==] lo not. . Q.—Do you know whether or not of your knowledge trunks and dress suit caseg were made there? A.—T do not. carpenter-shop any furniture in the pro- cess of being manufactured? A.—I have Seen some down there, Q.—The kind and character of it you are not able to state, are you? A.—It was in the course of construction. Some pretty large pi . Q.—Did you ever see any bedsteads be- ing constructed there? A.—I don’t think I ever saw any bedstead Q.—You say they were large pieces? A. ight have been chiffoniers and dress- ing cases; something of that sort. Q.—Do you know how many men were working in the lower portion of the car- penter-shop. A.—There were in the neigh- borhood of twenty or twenty-five men went to the carpenter-shop, assigned to the carpenter-shop. I did not assign any to this 6 room; I assigned them all to Mr. Emslie—with the carpenter-shop. Q.—Mr. Virgin was assigned to the car- nterl-shop with these other men? A.— es, sir. CROSS-EXAMINATION BY MR. ‘WHITING. Q.—What were your dutles, captain, as captain of the yard—I mean did you have general supervision of the men? A.—Yes, sir; I had general supervision of the dis- cipline of the prison. Q.—Did you frequent the carpenter-shop —ever go there? A.—I passed through the carpenter-shop frequently, the lower one. Q.—Did you ever go upstairs into this place {0\.\ ‘were speaking of? A.—I don’t think I have been up there in two years. Q—Have not been up there in two years? Well, you were in the carpenter- shop, saw It frequently though? A.— Yes, sir; passed through there. Q.—Well, what is the—what is the cus- tomary work of these men in the carpen- ter-shop? A.—Well, they do considerable the machinery in the shape of wheels and S0 on. Q.—Is there any carpenter working around the prison? A.—Ali the carpenters work around the place inside and out- side, the dwelling there or.the buildings inside, the office—what work there was around the building. Q.—That carpenter work and the carpen- for a long time, I suppose? A.—Yes, sir. Q—Is there a process of making the needed material or needed articles of the prison?. A.—Yes, sir. Q.—You say you have never been up in the upstair part of the. carpenter-shop; how do you know, captain, that—what was being made up there? A.—Well, I have seen some pleces that were being brought down from there. Q.—But you never saw what, was going on-up in there? A.—No. d you have supervision of those men upstairs there? A.—As far as the discipline was concerned I had, yes. Q.—Could you—butyou detailed them un- der Mr. Emslie, you say? A.—Yes, sir. Usually there is a guard looks after the men. Q.—You paid no attention then to what 1@5 going on upstairs at all? A.—No, sir, | Q.—Well, captain, do you know of your knowledge where these things—you' say aou have ‘seen things come out of the pstairs part—did’ you see them taken out? A.—I have only seen a very few things—I have seen two or three musical instruments. Q.—Did you there? A.—No. Q.—You cannot say but what they came ont of the main shov of your own knowl- see arything come out Q—Did you ever see downstairs in the| work for the jute mill, making shuttles, | and there is considerable woodwork about | ter-shop itself has been established there | = edge, " personal knowledge? A.—Of my that is, as far as seelng it is concerned. Mr. Camphell—One moment, cap- tain—Counsel asked you whether or { not this carpenter shop had been in | existence for a long time; I ask you |mow to state whether or not this | room had been in existence for a |long time? A.—Well. the room has heen in existence, but the- Q. (interrupting)—I mean as svorkshop? A.—Ior a number years past, @.—And ‘when did they start to do this work in room 6, to your knowi- edge, if you know? A.—Well, I think from two years,to two years and a half ago. —Since the a of administration of ‘Warden Agnirre? A.—VYes, sir. Q.—Now, captain, you were asked by counsel—he said—you said you did not g0 up into that shop; now, will you kind- ly state to the court why you did not go up there? r. ‘Whiting—We submit that is im- material, if the court please. Mr. Campbell—I think it is proper, if your Honor please. Mr. Whiting—I submit it is immaterial why he did not go up there. The Court—I will allow the question. Last question read by the reporter: The Witness—I have always un- derstood that the law said that there was nothing to be manufac- tured at San Quentin for sale ex- ce; nn{v]ute bags. ¥, hiting—We move to sirike Qh;t out. to strike out the at it is not re- tent, immaterial you your —1 ihou‘h‘tl that trouble might n. place myself in a ition to testify against those that I was employed Mr. Whiting—We movy -answer on the.groun: and irrelevant. Mr. Campbell—I submit to the court, the the law, that may go culy but I under- stand the balance of it Is his explana- prison which they drew out. Mr. Whiting—He is not on trial, your The Court—I will allow it to stand for the present. EAD CARPENTER EMSLIE was recalled for further direct exam- lows: Mr. Campbell-Now, have Q.—Will you give me the large one? (The witness handed a book to Mr, Q.—Under the head of private accounts —first let me ask you how long, or in niture for Joseph Aguirre, 1901 or 192, or Dboth years? A.—Both years, yes, to manufacture furniture for him? A, could not really tell you. come of it a d not eare to 5 hy. sponsive; it is incom: fore part of it, what he understood to be tion of his conduct as an officer of the honor. Mr. Campbell—That is nl}. LOOSE METHODS ination. His testimony was as fol- book with you? A.—Yes, sir, Campbell.) what year did you manufacture this fur- Q. —How early in 1901 did you commence Q.—You commenced there soon aftar | ¥ou teok charge of the carpenter shop, own personal knowledge I don’'t Know;| didn't you? A.—Some time afterwards. About how long afterwards? A.—I cquldn’t tell. Q.—Then can you tell why it is that there is no charge in your hook made against Joseph Aguirre until July, 1902? A.—Well, I made several articles for him, and I charged him when I had it all com- | pleted, made one charge of it. Q.—Where did you keep the that you made against him, as the articles? randum. Q.—In a book? charges ou made A.—TI kept a little memo- A.—No, sir. Q—On what kind of a memorandum? A.—I may have kept it on a slip of pa- per. 1 had all his stuff in one room so I could tell what he had. Q.—You had all his stuff in one room? A.—That is, most of it. I knew it was made for him. Q.—You bad quite a stock of furniture there in that room, hadn’'t you? A.—I had some pieces for him. Q.—You had quite a considerable lot, did you not? A.—Well, it is there in that book what I had for him. Q.—What you had for him, but you had for others, too. Mr. McDougall was en- gaged in the furniture business extensive- ly, was he not? A.—Not so very much. Q.—What? A.—Not so very much. Q.—I notice in this book of yours on page 94, marked carpenter sho, after a large number of other things you charge onec large icebox, $15 52—$15 52—1 meat safe $5 99, 12 dining chairs $11 29, 1 _small hookease $4 52, 1 la bodkease $10 47, 1 extension—it t means ex- tension table? A.~—Yes, sir. ~—83 762 A.—Yes, sir. Q.—1 settee $3 43, 6 drawer pulls 7S¢, 1 small center fable $4 39, 1 small center table 3%, 3 couches :.;a 39, 2 Turkish chairs §27 A.—Yes, sir. Q.—That is the charge that you made against Mr. Aguirre for those articles? A.—Yes, sir. Q.—Where is the charge hers in the book for the bedsteads and the things which Mr. McDougall got?" A.—Well, he gave me what—the lumber was already paid for and he gave me the casters and some shellac to finish it with. Q.—Mr. McDougall gave you that? Yes, sir. Y s 1S WARNED OF HIS TRANSGRESSION OF THE LAW AN QUENTIN Foresees Danger to - Aguirre Ahead. (Captain’s Advice Is Unheeded by Al Mr. Whiting (Interrupting)—I have no objection. Mr. Preston—This book that you present here and marked ‘“Jute Carpenter Shop is the regular book kept by you? A.—It is my account book, yes. Q.—It 1s your account book? .A.—Yes, su&.—“’hen did you first see this book? A.—Some time ago; I really couldn’t teil. Q.—How long a,gc:'.;l A.—Well, since I ok charge of the shop. by —You gha\:l this book then, did you? o, sir. Q.—When did you get it? A.—Oh, It was quite a while afterward: I used to make out a statement—. Q. (Interrupting)—Quite a whilé after- ward; how long afterward? A.—Maybe a year or ten months. Q—A year after you took charge of the shop? A.—The dates are on there. Q.—I want to know how long it was after you took charge of the shop that you first got this book? A.—I couldn’t positively say. Q.—Might it not have been three menths ago? A.—Oh, before that. Q.—Have you had it more than one month? A.—Oh, yes. Q.—Will you swear positively to- two months? A.—Yes, sir. Q.—Three months? A.—Yes, sir. A.—Yes, sir. A.—Oh, I— 1 would like you taq | state under oath here, swear how long you have had that book? A.—You have got the dates right there. Q.—Will you swear that you have had this book since the first date written in it, May, 1901? Will you swear to the posses: sion of that book during the month of | May, 19017 A.—Yes, sir. Q.—You now swear that you had that book in your possession, with those en- tries in it, in the month of May, 1901? A.— Yes, sir. Of course it is no use telling you —I don’t know why I can’t swear posi- tively, but I am willing to —— Q. (Interrupting)—You will not swear positively? A.—Well — Mr. Whiting—Q. ’ln!errugtln!}—rln!xh your answer. A.—Well, to the best of my knowledge and belief I have had that book. . Mr. Preston—Q.—Since May, W07 A— Yes, sir. - Q.—Whose handwriting are thosd4 en- tries in, the month of May, 1952 A — They look like a clerk under my charge. Q:—What is his name? A.—Slagel. Q.—I.call your attention to-all the en- tries in the month of May, 1901; in whose handwriting are they, Slagel's? A.—Yes, sir. o - Q.—In whose handwriting is this fn- struction: “On the last day of each menth enter all charges against those depart- ments and persons in this book and send to accountant, jute department”? . A.—I don’t know;-sir; I don’t recognize that handwriting. Q.—This is your book, kept by you? A.— Yes, sir. Q.—Did you instruct that entry to be made (showing)? A.—No, sir. Q.—That has been made by somebody else, has it? A.—Yes, sir. id you ever see that entry before? Not that I remember of. Did you send the item of this ac- count, shown to have been entered in this book in May, 1901, to the accountant of the jute department? A.—No, sir. Q.—Do you know the handwritin that first page in that book? |-not. Q.—Look ‘at the entries for the month of June, 191. In whose handwriting ‘are they? —That seems to be in the elerk’s handwriting. Q.—Slagel? A.—Yes, it looks very much like his handwriting. Q.—Whose handwriting is that, Septem- 017 A.—I don't recognize thas one. cognize that writing. You see, < is there in the office— (interrupting)—It is in the same 1 on do | | | | Q handwriting you do not recognize on the first page here, is it not? Mr. Whiting—We object to the witness' testimony as to whether it is the same handwriting. He is not an expert. Mr. Preston—Q.—You don’t know t handwriting of September 13th, 19017 A No. Q.—Somebody making entries in_your book whose name you don’t know? A. The book is kept there in my desk. Q.—Lying around Joose. A.—Sometimes. It would be possible for somebody to put that down there. I dom't know. Q.—The book was lying around loose on your desk? A.—Not lying around loose. Q.—Loose enough for anybody to write in it? A—I may go away to attend to some other business, leave the book on the desk, and somebody come along— Q.—Come in and make an entry? A.— Yes, sir. Q. simply want to find out this: I was going to ask him—under the head of October, 1901, are a number of items run- ning from October 1 to October 27, then there is a red ink line drawn across; it is totalized at $15 3¢ Now, then, the next item “Captain of Guards,” commences ‘with the 4th of October, the 19th, the 27th of October, and is totalized at $4 9. It ap- Pem upon the face of the books that the tems are not entered In sequence. It shows on the—it shows that each - ticular charge is entered all at once h- out regard to dates? A etimes the: would make an entry of a certain amount of work to be done. "I would tell my clerk how many feet of lumber would be used in that work. Sometimes ‘I would not tell him until after the work would be completed, and sometimes a job would not be completed for two or three weeks; any large amount of work, it would not be completed for two or three weeks or a month—bullding a house. I would not turn it In for three or four months after u:s ""i-‘ig“‘ dovzu mzmletaa. et it 'S not answer my question. Under the head of * of the Guards,” all the items for the month of October appear to have been entered at once and totalized in the book; under the next_item is “Captain—" one captain of the Yard, Captain of.the Guard. All the items for the month are ught he a together Q.—Do you know where he got it? A.— |and _totalized. It is self-evident they No. N; could- not have been written In the seai- Q.—You say the lumber was already | Dary course of iness. ask you how paid for? A.—Well, it was su ou kept that item for that enmtry (re- be paid for. ppaeed 1o | J ng to book)? 5 g B Q.—You don’t know that? A —No, sir. Q.—You don’t know where the lumber— you know where the lumber came from that went into Mr. McDougall's bed? A — think it came Q—Well, did it come from this White I can tell you where from. I Bros. A.—I think it did. Q~While we are on_Whi question, Mr. Emslfe. that over since yot last time? A o. Q.—Are you quite positive you ever paid White Bros. a dollar? A.—Yes, sir. Q.—Have you that receipt with you? I had it ught I put it A.~I tried to find the receipt. in my trunk—at least I thos there, but I couldn’t find 4t and this morn- in; I _got a receipt from White Bros. .—This morning you got a receipt from ‘White Bros.? got a receipt from White Bros. in case it should be. called te Bros., a Have you thought U were on the stand the the memorandum book—kept in a m-u;: .—Then you kept all ng memoandum book, did you? A.— That is work pertaining to the Q.—But Mr. Joseph Aguirre’s items you did not keep in the memorandum book? A—I made a bulk of it. ‘I had all his stuff in one place. When it was com- pleted I made a complete list and put it in_this book. Q.—This account of Joseph Ty on_page %:‘tno! J:ly, does It not that way, yes. Q.—Then how does this come in (show- ing)—after 'you had closed the account for the 81st of July how did you come to write the Joseph Aguirre account in date and place— A. (interrupting)—After I A 2 Tyentory of il this staf® T pat 1t down in the bol,n:. for. Mr. !g'eskon— “shall offer that book in Mr. - Campbell-Now, If your Honur |evidence pending another. ) please, Mr. Preston has paid some at-| Mr. Whiting—We object to it. tentlon to these books and I ke 1t —d not the rule to allow two counsel to ex- amina one witness— Continued on Page 34, Column 3,