The San Francisco Call. Newspaper, August 30, 1902, Page 3

THE SAN FRANCISCO CALL, .SATURDAY, AUGUST 30, 1902. PRISON OFFICIALS RISK COURT'S ANGER IN EAGERNESS TO PREVENT | COUNSEL FROM PLACING IN EVIDENCE PROOF SHOWN BY THE RECORDS | RANCIS FOLEY, commissary of San Quentin prison, yesterday refused on the witness-stand to identify positively his indorsement upon bills which had also been approved by the Warden, passed upon by the State Board of Examiners and paid by the State. These bills, which were on file in the office of the State Controller and had been brought into court by a clerk of that office, were none of them genuine bills presented by the { merchants furnishing materials to the prison. Some showed alterations in items and the addition of new ones. Others were made by pasting genuine bill-heads to itemized bills made out by a convict. Still others were | entirely in the handwriting of convicts. The day previous Foley had sworn that he had riever approved pasted or altered bills, and that ii his signature appeared on such it was forged. Yesterday he would not swear that | the signatures on these bills were not his own, or that they were, but took refuge behind an evasive response, “It has that appearance.” In any event, whether the signatures are genuine or forged, the State has been defrauded, and the convict bookkeepers at San Quentin are not the beneficiaries. Commissary . Brings Old Books to Trial, —_——— "Signatures on Bills| Look Like His Very Own. OSTILE witnesses, seeking by every possible trick to place bstacles in the way of the de- E fense fin its presentation of evi- on prison rec- the case of the people Vs. and Leake. Judge prevented him ures with the re- Franecis Foley came into g With him the books of his Fritz had ued an ion in court mmissary depart- prison, book sy instructed BOOKS BROUGHT. d and was asked n other books examining the fact developed Rl > patience of the courd eir offenses were | found. Present- | —_— Brother of Warden Astounds Judge Fritz, Sends Much-Wanted Volume Home Again. and the other is for $36 20, Q.—Did you testify yesterday that you aid not certify bills which were pasted and in two handwritings? A.—No, sir, not—I wouldn’t do Lte;”llmdn'z do it with my full knoweldge and ef. Q.—These Dbills shown to you are in that condition, are they not? A.—Some are, yes. But I will say that again; with the facility for forgery the handwriting looks like mine. Q.—But do you know whether or not the Warden received from the State the amount of money shown by the gross amount of these bills? A.—I don't know that. FOLEY IS FORCED TO ACKNOWLEDGE HIS SIGNATURES TTORNEY PRESTON presented a number of bills that have been on file in the office of the Controller at Sacramento and made the wit- ness practically acknowledge that his sig- nature was attached. Foley's answers were evasive. He would say the signa- tures had the appearance of being ap- pended by him. The testimony comtinues: Q.—I show you this bill, another bill, re- celved from Mr. Roper—I show you another bill which has already been read in evidence here, and which is also an officlal record of the 'State of California, on flle in the offica of the Controller of the State, and ask you— it is dated October 31, 1807. A.—I don't know anything about it. Q—1899. Commissary department, Califor- nia State prison, San Quentin, Cal., ht of Stein, Simon & Co., woolen and tallors’ trim- mings, southeast corner Market and Second streets. You asked a little while ago to have soms items read also, September 27, as of October 1, 1 spool stay tape, $2; October 3, 25 pairs—pleces shrunk duck, 58 yards at 2234¢, $12 37; and the last item, 3 bolts lin- ing, 4935, 44, 543, 145 yards at 30 cenmts, $44°40, making a total of $212 87. I ask you it that is upon one or three pleces of paper? A.—Upon three pleces of paper. Q.—Now then, I will ask you in whose hand- writing, if you know, are those items? A.— 1 could not tell you; I cannot recognize them. Q.—Do you recognize the certificate of cor- rectness? ~A.—It bas every appearance of my signature. Q.—And the certificate of correctness of the Warden? A.—It has every appearance of cor- rectness. - Q.—It has every appearance of correcthess? Did you ever receive those three bolts of Uning, $44 407 A.—Well, now, I will tell you, Mr. Freston. Let me see—18997 That is car- rying me back too far. This lining has ben repeatedly used and was contracted, mo, non- contract. Mr. Whiting—Have you sufficlently identl- Q.—DMessrs, Stein, Simom & Co. d very carefully sup- | AR R GRS R e en supplied with musty | : SCENE DURING EXAMINATION OF COMMISSARY s of which had been | s 1886 and with mher‘ the first entries | s to The Call's| The famous forgers, Becker and Web. FOLEY IN JUDGE FRI?Z’S COURT—PHOTOGRAPHED BY A CALL ARTIST. Q.—Do you know whether or not a duplicate | Q.—Why did you bring any of them? A.—I | ness on them. . be § “frauds and | s g | of that biils is now on your files in San Quentin | brought the last book. Mr. Preston: Q.—I show you— Before | fled the bill, shown that it has been introduced | have testified here that instead of e cart. | oer are emploved on the books of Foley's | markeq Paid?” A—I can't answer that, sir, | The Court: Q.—Did_you plck out these | doing zo I will e pon Thener you testified | before? that piece of lining entered in that whole cart-| gepartment, but that is an additional in- | for the reason it is not in my department. books - yourselt? ~ A.—No, sir, I did mot. I|OF not, yesterday, that you never signed any | The witness—This don't appear to be pasted | bill, in lieu of that was delivered to period during which | aj . = £ 'Q—In whose department is that? A.—In the | picked thera up— pasted or altered bills as ‘‘correct”” as commis- | in. This is a pasted bill; yes. the State’s prison 1 cat brown ker- By e dgb. g dictment of the prison management and | wargen's department. D Cmiisiag oo Mibtroicion i’ bp | METT A0, a1v. M. Breston—Of course It is & pasted bill | sey, 2 yards, at $6 75, $13 50; 1 cut 2ctions exposed by not a ground for excuses for altered and Q.—In the Warden's department? A.—I , peing] forged bills. Elsewher i e len's department? AT | ol tg gec the books for you? A.Yes, sir. 'Q.—You never did? A.—No sir, T have not; | and !n two_handwritings and I want your | black vieuna, 2 yards, at $5 25, dn't keep them a: e court—the gen- you? A. , sir. astounded Cclonelv}ged penologist | n pris - 2| T dla . ¥ ‘What date? $10 50; 1 cut American, sothething— in prisons man-| tieman for the brosecution—at least, the de- | Lhe Court—This is not the last invoice book? s e ol R books. A—WHst detel e date on'thit | Beminteenn at Br 20 s a1 rather than by greedy | fendant's attorney, if this is a bill, the copY | myo Gourt—This book goes on until 1886, and | records of the State, kept in the of- | bill 1 cut black surah, 3 1-2 yards, a The ss was | politi men of the Becker type would | % ¥hich was photographed.in The Call? 1. £ th he Stat Mr. Preston—I will show you, Mr. Foley, a |'$2 75, $9 63; 1 cut 40-inch sleeving, ; f the B | R on't Know whothes It 18 ‘or not. | A.— | then, of course—A. (Interrupting)—It com- | fice of the Controller of the State, o i . & Tas k- E R K 4 3 nt in his explana- [ be given some form of manual labor | bills stolen from the commis. | Mences again. produced here by his deputy, a | Dill marked deferdant’s oF Ls i, SE.8% 70, ameunt L L Trangs & Co. to the California State | ing to $4 12; ome brown velv E sary, ¢ you this question, putting it to | Q—Then you commence again in July, 19027 | bALY . 1o | Pricon at San Quentin, dated April 13, 1901 | laz, s e e i o the court 3P this questlon, putting 1t %o | . Preston—Not as an involce book. There | ~Mr. Whiting (interrupting) — Is | Prison ot San, Quentih 9950 S fature’ there, | of il s ey = e pistol or the man who handles it and kills a |8 no -involce there. An invoice book has a|that a pasted bill? {Cotrect, Francis Foley, Commissary Depart- [ deliver mor sell to the State prisom Ll tettled 'meaning. He identified his invoics| Mr. Premton—That is a pasted and | ~Correct, Francls Fowey. Commussly S | Qo e of moods Sirison fol- | Q. What? A.—Who is guilty? Who will be | book. It would show all the details of the ma- | altered biil. It is a_bill of Levi| i .00 there, for which the prisem _“;le‘ e terial furnished and bought, and there are no | Strauss & Co., under date | Tpearanc®:s ail the appearance of’ your eid- | {ew have cellected (he meney foem Mr. Preston—I am mot answering questions. | details there and that is not the invoice book. | 31, 1901, to the California R e e o0 Rave Salelen G enyy Siets | Here is a bill that is in evidence in this case The Court—This is the stock book for the | Prison at San Quentin, and hereto- | "y "p (N "Roper, this Is one of the | yon have cheeked that bill? 5;':“ 1 your signeture to the bes. of your | Preserit month. fore read into the record. A.—That |, "y ueht down by you as clerk In the of- | Simon & Co.’s representatives swore ige And boteto T now aeantyouto tons | "Mr. Preston—I understand that this might | hill is pasted on there and I would | pils BroRent CORE I SO S0 (% irom _Sacra- | alse that (his represented ome come. ok kept by you as an officer of the San | have been used as an involce book. Give me |not sign it knowing that it was a | ;10 0% 3% an official record of the State of | DieC. "grder for = man's sult Of pr —I ‘want you to take the in- | the day bcook. A.—The designation on’ the | pasted bill. lifornia in the Controller's office? A.-Yes, | {jothes, paid for by the State .fl.“‘;' nd more than from the witness | rather than pen work that keeps them in practice for new forgeries immediately cks” of Th upon their release. Pasted bills as an explanation of | lows were shown to Commissary Fole order given him | From Levi Strauss & Co., July 9, 1901, , Foley claimed | for $11213; from the same firm, July 31, rought were | 1901, for $39181; from the same firm, April | tne some of the fc 44; from me firm, April 1901, for $3620 5 y he old s S g and show me the entry of this book | book don't count. Q.—But you did _sign it, dldn't | 1 the old Stein, Simon & i Took. e Prestonl understand; this might have | you? A.—It has the appearance of | ““fne witness, Mr. Foley—Let me see the back | I8 that & statement or billt October 31, 1 $21287; from Le- | Court—Here is the involce book, Mr. |been used as an invoice book? A.—It is used | my sigmature. S B L T A.—It Is a statement for the month. ed for the or (showing) as an involce book now. ‘What is the date of that (looking at| Q.—Yes? aum 28, 1902, for | 2 . rh o Q.—Do you know those initials (pointing)? Mr. Preston—No indorsement, ex~ m‘;) man:“bigg:fi:g g; :a;relnbs%x:‘rc?:::f‘,:‘r‘n Zhe Court: Q.—That commences from Sep- | 4;o-They appear lke the initlals of ~the | cept where it is pasted. T will a0w | 4 Jport time ago as correct. A.—The bationy Q.—July, 1901. A.—The books I brought | tember, I believe? A.—It commences June 30, | ' g g show you a bill, “San Franeisco, bav ing jer to save mon same date for $319L economy is note- ted, altered or £0rE- | e oh e mr of oo & 30, | WETISR. ihe best of your knowledge and be- | AhOTy Y9m & Bl O ornia Statc |Chécked, statements are 1ot mecessarily ia < 2 S dl i e court, prefer | 1882. Go further back, you will find out (ve- | 08" th, the initials of the Warden of the | ¥} s G~ S . | checked, atd for fine lin- ness could not be sure | ¥ou Would examine the books. ferring to book). e ey e A hat . maaam | Erison, Sam Quentin-—Rousht of LoV | Q—What i the diference? I would ke ahogany. £ 5 kept in regular books in regular form. | gign it as an altered blll. To | tWeen a bill and a statemenc of an itemized mahogany, | question, and his testimony as to his w‘TNESS BRlNGS and you bring everything except_this period | %o’ Court: "Q.—Did You say vou signed g{',,:,,l;;;'{_;‘},g;:::};':";{_o‘,,‘:",,,‘;"{,"': account. If an itemized account is a state- convict-carved | signature was the same in each case. that we have under examination? ~A.—But| that? A.—I said it has the appearance of mY | heng, certified “Commissary Account | Ment what is a Dbill? A —These bills are— ts have been| The trial will go on this morning at 10 2 < $hteau st : > ; . LR Q.—Therefore ' you omittec to g SDY Mr. Whiting—I would like to get in an ob- ! > day, or whatever they may be, contract or THE FgRRONG BOOKS (hln‘hco]rmetc;edk:vuhfl;h&l .%i"é’é’,fifi};:@"i’ section. The‘qx:,u?n azsumes that the bill | }8¥r g:-;}:‘-‘i:::i;::“:;df n;lf_lv‘o:"llf L o g g g nr:wrhelj, o2e e been resorted 1o | continue it for three weeks, as he is un- are the last books us! - | Was altered at the time he signed it. emponds with the stolen Bill. | e Warden's office, one remajns in ths 3 artment. o 1 e commissary’s; some of which were stolen. | EXAMINATION | & e the preset Mr. Preston—I would like thix | “G.—That corresponds with a sto- TG k. yon Gy et fecus economy might well be prac- | any longer. S {s that what you mean? A.— Pres- | T e turcs or Mot | This money | '“'g.oia tiis the bill to the best of | those three boits of lining shown by this bill? g ent time, yes. A—1 certainly could not carry that In my tter ot books at en | Justice of the Peace Downing of en | ([ YISUARE FOURTS neslect to| “har ot 0y o, you wte 0| oF e Shaie oF Gamifarnia. ghe State | lomwhkt. T i L PR A = 8 n the commissary - - R u a Bill; this {s ano seem entirely superflu- | Pedro, before whom Governor Gage caused & wasto of thme on the part | Weht mew. in the, tallend of &n 0ld day book been pald on these slE- | '\ presion: Q—Well, now I show you this | of the billy produced by Mr. Roper. sA.—He re. of court and counsel. He had been | hat bad bees used nearly ten years agor A e Antare on’ thnt ofecial re- |Mil again that 1 mentioned_from Jbe Con- | just “stated Ghat they came from the Con- COURT DISPLEASED. an interested auditor yesterday. Mrs. |directed to bring the Involce book of & | borl. 501" dune in beder to save cxpsuss | Coxd, brousht from the Comtroller | [TIh LUl Shivic 3¢ "A—1 will bave R T T er was issued by Judge Fritz in- | Downing was with him in the courtroom. certain date and brought the last one in- | to the State purchasing new books—we use old | Of StRtes Oies, QRO NS Ll IS | to explain; we get, two bills and two stae- | from San Quentin to the Controller's office? that are Tiher sent to the Warden's office. We get two | Ao Sttemeni o e LR e voos of nis aepert- | COMMISSARY FOLEY e Piness here handed Mr. Preston & book. them (howinC): jom't think that is material;| A.—It has a very great appearance of my | statemente, one of which goes to the Wj s LS Wign Shig W e Mol Faraemtin 1900 554 fact that you have not {Jgg;:‘:xl‘:?m?bgfi e are not going to Investigate his system of | signature, but as I sald awhile ago and will | office and one of which is certified by an Bof abow you & Bill heretofors - ing y 1, 1900, o oy resent. The order was peremptory and | PROVES EVAS‘VE t #this bill are entered. A.—If you | Q.—Will you swear yes or no, is that or is | bill. A.—It has the appearance of my signa- e 3 800 —the Dast<d Bl In twe yoice book, June, 18837 A.—That has nothing | thecited the date and everything T gould nave |t ot your signature? A—Ic has the appear- | % | 1 aumereat tteme; 1t it 8 Pandwritings, G. Grosiean & Co. - A—Grow 4 3 " 80, B s \ature. ). —" g IN HIS ANSWERS | > Wnaer a—mhat aome belong to my | POMERS Eer®hat you wanted, so I brought | ° The Conrt: fack that ihe only item that is changed on that | jean, yes, sir. Joseph Aguirre incurred the anger of fo i, Pt (253 that anothes, ivem —No, eir, but then this % not brought the invoice book | forgers as ext has been substituted for that; , ta - urt at the afternoon session. He RANK FOLEY, commissary of San | with red ink. A—We were narqunt 8 closed | ~Q.—8o you have N0 ently not; you aidm't | Mr. Preston: Q.—You have some clever ones | blecloths; isn't that the fact? rney don't | I ssk you it you know amything about that t n office then, | of July, 10017 ome 1s $36 20, | bl? A.—No, sir. , dainty night | of having received any of the goods in e Q.—How s it -all these matters have been | sltared bill when you signed 1t? A.—I dldn't | Merms, non-contraet,” with the items | {0 sk the winess what is the difference be- you didn’t speclfy the period. signature. Rea ontrnct, Correct, Franeis Fo- |8l goods during the month, bills for each bstitutions, alterfi- | o'clock. Judge Fritz says he will then The Court: Q.—That s the present month; | v i¢noug to testify whether these are | len bill? A—Yes, sir. Q—1 will ask you did you ever receivs money has been pald on these sig- s sought to have the libel suit tried, was stead. His testimony co; : s kept formerly and we fastened ments. One bill is kept in the commissary, the —Statements, —— : 3 the commissary to bring Jnto y continues books that are kep Your signature or not? b for th i bookkeepin; say again, I would not sign that bill as it ap- | by the Warden. evidence, on file In the office of the Com- Stock §og;,“w°§.c‘fi°;‘§;e';,;°—muc§*n2 e Tur | e Preston—I want to know in what book | pears there mow. 'Q.—1 want to ask you If that is the same Toler ot 5o i i e L cit and further evasion will scarcely be attempted. g w what you wanted, so I brought | The Court: Q.—You cannot swear positive- it H ete., certified as fepartmant. Tuioet ooks sed. 1y i SO e slimature? A.-Not with such | bill is by gowns $15, and that another item | Q-—For sroceriom Mquofn. SR STiTed o3 been instructed to bring | Quentin prison, was recalled to Q.—Where is your inventory book for the pe- | call for it in your office there, haven't you? A.—Outside | correspond at all in the amoun! A e Biiw the andwriting: et e evious] segregation book in which a # of items charged to the house had been changed to er to conceal an excess over plies allowed by law. ne stand and asked for the Mr. Foley had taken it with him. Aguirre as to be put on the stand the segregation book would be nded, but he told Foley to take it to have s included among those demanded of and that its presentation in court s no longer required. judge Fritz was evidently convinced of e bad faith of the witness, but still was to resort to harsh measures. was ordered to be in court at 10 o’clock this morning with segregation book. Foley was given an unhap- e stand during the morning »wn him, with his name in- m. The day before he had t If his signature appeared upon E ills it was forged. Yesterday he would not swear that the signatures were y signature,’ and ex- I at there were clever forgers keep- ' ing the books of the commissary depart- wment, i th him back to the prison. Aguirre | upposed that the book | the witness stand in Judge Fritz's | ©iod during which this bill that I show you| Mr. Preston—You brought bocks here that | the office, too. another is $34 20. court yesterday morning. He brought a number of books with him at the request of the attorneys for the de- fense. Mr. Foley neglected to bring rec- ords bearing directly on the case and Mr. Preston had no easy time trylng to get him to answer questions. The commis- sary was forced to identify his signature approving certain bills, His testimony was as fojlows: Mr, Preston: Q—DId you bring with you , a8 desired by the order of the court? A.—Yes, sir. Q—You have, then, your stock ledger, your involce-book, your requisition-book? ~A.—Yes, sir. Q.—And what other one? A.—I belleve that is all. Mr. Aguirre has had the segregation book. He brought it here several days without it being used. I belleve. Q.—1 now _ghow the witness defendants’ ex- hibit No. 1. Will you look at the written words on that exhibit and tell me what they are? I ask you as to those words. What are those Words? A.—''Correct, Francis Foley." @-—Whose _signature is that? A.—It looks very much like mine. Q.—Is it your signature? A.—It looks very much like my signature. In answering that Questior, I must explain. It looks very much like my handwriting, but hold on—one moment now. 1 have got to qualify that by an expla- nation. Sosie bill has been stolen from the commissary—stolen, and I ask you, Mr. Pres- fon, who would you find gullty—a thief or the vho sneaked in and stole for a purpose, or the— Mr. Preston: Q.—Did you ever see that bill before (handing bill to witness)? “A.—I can’t Temember exactly having seen it before. I ht hav mERY Ana was it certified to the best of your knowledge and bellef by you? A.—Unless it was forged. ‘Q.—Then will you kindly turn to your Involce book and show the items on the invoice book of the items of that bill? The Court—Where Is the invoice book? Mr. Preston—He brought the igvoige book with hims was received, July, 1801; where 1s th 2 AL don't see 1901 here. Lets see. % m‘;n ve 1901. (Referring to a book. be 2L (A ) Here is Sep- Lt me look at that. The Court—Is there also book' A.—Yes, sir. o % The Court—It is called a the outside of it? A.—The 52.1'1"‘ S’;’.""»@?fi:&: book we have got is from what 18 known ag the old books that are kept in the old dephrt: ment there, Which, in order to save expenses, wthlfl to use‘end commence in. 4 .—This bill is dated July, 18017 A.—yes Mr. Preston—This bill is dated : % your Honor. e i I The Court—This k comme: ber, (showing). HiRSei Raviwin: Mr. Preston—September, 1001, The Witness—If I knew what you wanted-— Mr. Preston—It was served in wrm::tf.dm you—the order was In Writing? A.—Yes, sir; it was served in writing. It did to the day, year or mfinks. 2 floR Stkts e Mr. Preston: .—WIll you kind! see your so-called involce ' book. ‘{hult" ;23 brought here in answer to the order? Q—1 have been telling you and I showed you the date—the month? A.—You dian't, mat before. You didm't speclty what year. [ brought the requisition book— - Q. (Interrupting)—We will show yor - the shorthand notes Just what you were oF quired to produce, sir. A.—Oh, I have got the e Court—1 don't belleve 1t ai The Court—I don” elleve It did particular date. o3 SDecley ey, Mr. Preston—If you tell 2 man you w. involce book, you want it; you don-t w.fiftp:: of it. A.—This is not a’part of it; this 15 o complete book for that term—for that period Mr. Preston—It says that he has under his charge and supervision as the commissary op the penitentlary at San Quentin, California. the following books, to-wit: An invoice book, a stock book, & stock ledger, & Segregation book, & requisition book. A.—I have them all here. Q.—Have you all of the involce books th you have? A,d-l—dNo_ tm-; 3 “;lldn'( bring them because you not speclfy eny date, aia was mot specified, st wers used in 1686 and at the time of the flood? A.—That has been canceled. Q.—Of course they have; everything has been canceled there. A.—No sir, everything has not Peen daneeled, What 1 mean by that—you oo that—these books have been brought, from the sash and blind factory, old books that Were kept there, where they keep all the old @At the time the furniture was manufac- tured under the law? A.—I don’t know any- thing about it. 1 wasn't there then, so I don't ything about it. kn?:} Bourt—Q.—October, 1901, referring to book: This is & book that commences in Sep- tember, 1001. A.—Is that what you mean? Q.—We want the ‘books that show the trans- actions connected with those bills that you saw published in The Call. A.—I don’t recognize it B8 such. 1f you would ask me to bring the Pooks for any certaln date you would have got them, but you didn’t do it. Mr, Preston—As & matter of fact the books are not here. ‘ourt—No. gr)\‘-e gre!mn——l do not see the necessity of asking any further questions at this date. So fn response to the order of the court, and in the 1ight of your examination and testimony of Vesterday, when I asked you to show me the invoice book and_your Stock ledger for the entry of the Levi Straus bill of July, 1901, you answer that you have not brought those books Pecause you did not think we would want them? A.—No, sir. Q.—Then_you have not brought the books. The order has been carefully dodged? A, —If The court ordered them speclally he would have got, them. * Ihe Court—You take these books and pack them up. - They are of N0 use here. A.—They e Mine last books in use In the commissary nt. departmert n the ones we ars using— A (Interrupting) What was that? I didn’t under. stand you. WL foes this transaction appear in any of the books here? A.—It does not show it. We have not got the books of the right date. The Court—There is one book here seems to be an invoice book commencing September, 1901 If you have any bills about that date or Jater than that date you may examine the wit- FAMOUS FORGERS DO CLERICAL WORK AT SAN QUENTIN T developed in the testimony that cer- tain bills for goods delivered had beea altered in order to decelve the rrison Directors. Attorney Preston the witness admit that Becker and Web- ber, notorious forgers, were engaged in doihg eclerical work at the prison. The testimony continues: Q.—I say you have some clever forgers at work on clerical work in San Quentin Prison, have you not? A.—I think we have more clever ones outside. that as incom- petent, immaterial and irrelevant. Mr., Preston—TIs not Mr. Becker en- gnged on accounts and books and $1ils at San Quentin Prison? A.—He tales charge of the meat and flour | in that department. ~—~Webber, the forger, has cler- r. Preston, I Am I under cross- am = W“in";' amination X ihe Court—I think we will get Mr. Foley, if you just r the questions. Mr. Preston—Now, Mr. Foley, I want you to into this court next time, and I ask his direct. the production of them, your your stock ledger, your seg- ‘that will show this transac- 'A’—On what date? @ —You have signed the bill, the money has peen paid by the State, you are the commis- gary of the State Prison. The court—July 31, 1901. Mr. Preston—I don’t need to tell thing more about it along better, simply answe requisition book, regation book. Q.—There is another item added there for 2 for spools. ? Mr. Whiting—I object to that. The Court—What is the purpose of that? Mr. Preston—There is a very serious purpose in’the light of the testimony that is in here. The witness—This bill was stolen. The Court—You say this bill was stolen? Mr, Preston—According to the testimony that is in here now, given by a member of the firm of Levl Strauss & Co., that they never presented that bill, and that that bill was never paid to Levi Strauss & Co., but that they did present a duplicate of this bill and | that they pald it, it becomes very important when I am examining_the chief of the com- missary department. The paid duplicate of this bill being the cne produced from - the Controller’s ‘office of- this_State, as 1. under- stand you, would be on file in the Warden's department in San Quentin. A.—Ought to. Q.—Ought to? A.—I would like to explain in-order to expedite matters. I would like to ask you tbis question: Where did_this bill come from? Before I certify to that I want to know where that bill came from. Did it come from the Controller's office? Q.1 am not asking you to certify to it. It has your signature on it? A.—It has the ap- pearance of it. A Q.—You don’t know anything as to whether this is the bill that was paid to Levl Strauss & Co. or not? A.—I do not. Mr. Preston—We will prove by Levi Strauss & Co. this is the bill that was paid and.that they never presented that bill to the State prison. Q.—1 present to you .this bill again t-ken from the records of the State of California, produced here, signed by you, initialed by the Warden of the State prison, certified to by the State Board of Examiners, sworn to by the Warden, and ask you whether you will swear that you ever received those ~damask tablecloths? A.—I could not answer for the fact it is not checked. 'Q.—Would that be an Indication that the goods were received? A.—Yes, sir. Q.—Then . it is possible, according to the looks of this paper, that the State may have pald for an article which it did not receive in San Quentin Prison? A.—I said this don’t correspond with the bill, with the goods - re- celved, with the stolen bill. One is for §34 ml ted portion of the Bill? A.—I do not. p.a.—or on the billhead? A.—I don't know the handwriting, no sir. I do not. It has the appearance of Webber's handwriting. Q.—It has the appearance of Webber's hand. writing? Webber is the convict clerk in the Warden's department? A.—I couldn’t say. Q.—You.think to the best of your knowledge that that is Webber's writing? A.—I camnot identify it; 1t has the appearance of Webber's writing. 1 would not certify to it— ‘Q.—VWell, but to the best of your knowledge? ‘A.—T understand that, but I have not— ‘Q.—(Interrupting.) - You are even uncertain about your own signature? A.—Under the cir- cumstances that they went from The Call of- fice and stole them—bills were stolen and went to The Call office. 'Q.—Were thers any other cases to your Xnowledge, Mr. Foley, where convict clerks wrote the items. of bills? Did you kmow of any? A.—I don’t know of any ‘specially, no sir. 1 didn’t certify to that bill. 'Q.—No, 1 see you didn’t certify ft. Tre State paid it without it? A.—That I don' know. Q—(To Mr. Roper.) * Well, now, Mr. Roper, this 1s also a part of your record? Mr. Roper —Yes sir. Q.—(To Mr. Foley.) I now show you a bill of Lebenbaum & Co., 222-224 Sutter street, under date of February 28, 1002, for grocerie: amounting to $62 98, heretofore read in evi- dence In this case, apparently certified by you 28 commissary and by the Warden as Warden, 2nd ask you if that is your signature to that Sertificate? A.—That has the appearance of signature, yes. e preston: Q. —And of the Warden's fn- itials as correct? A.—It has the appearance, es sir. 8 50 you know tn whose handwriting that is, entire, with the exception of these signa- tures? A.—It has the appearance of Webber's. Now then, your Honor, I wish to explain this il P he Court—Go on with your explanstion, A. —This explanation is necessary for this reason —1 will tell you why this explanation is neces- sary. I saw in the scurrilous remarks of The Continued on Page 5, Column 3, 4