The San Francisco Call. Newspaper, August 31, 1902, Page 28

28 THE SAN FRANCISCO CALL, SUNDAY, AUGUST 31, 1902 WARDEN'S BROTHER CONTINUES DESPERATE EFFORTS TO PREVENT EXAMINATION OF PRISON BOOKS IN COURT AND JUDGE FRITZ ADMINISTERS STINGING REBUKE —— Commissary Foley Is Uncertain as to Signature. | Much Concerned Over Bills He Claims Were Stolen. IER trifing with the eph Aguirre, gen- er, and Francis y of San tried the pa- 3 C A pr ' 71 LL through the case, as(‘caun:el stated, both the counsel for the prosecution and defense have been very lenient with the witnesses from San been particular to look out for their interests, and I have continued the hearing of the case to half-past 10 instead of 10 o’clock in the morning so they might | come over on a later boat, but hereafter I shall rcfzise to grant them diy consideration whatever. I will treat them the same as any other witnesses in the case, and they will have to obey the orders of the court, and if an order is disobeyed the witness will be punished for contempt of court, and punished severely. I cannot understand how a per- son of sense could misunderstand that order.”—Rcbuke administered to Joseph Aguirre by Judge Fritz during progress of libel suit trial yesterday. i e e el Quentin, and have Fritz to the the fact that a | r the Judge's vaca- evented the court pu ishment upon | Judge Fritz | ebu to Aguirte | Foley that at the bel suit he would ce of any sort, | c them to be in court] gardless of train schedules | f ve orders of the | commitment for in court the | to pro- | ver Aguirre's book which | court, the | the 1ad been | of books | court was the invoice m Janu: exactly hem sed and the one | had been or fay 1 of this year | book was the | the atmos- | <0 become decided- | xed, indignant, had been given a | of the books de- he most import- been studiously to the court that h long enough and be meted out | of leniency. | he was on danger- ving to explaiz He said he books and had | d. given to one of the bookkeey im to gather up all | the volumes req He had paid no | furt matter, except | ected for him. | ted to a defense | > witness at the t of his intelli- him so. He sen could He proceed- stinging rebuke that When the case | Judge Fritz's vaca- | furt tempt | is plain, result in fine | er a 4 he slippery San | Que re proving so| b5 people the de- ta bookk ping. ad been told the day | be notified to come was wanted again. re's transgression | ecide to hold a | pt wai of the mor wa at ot to be found, y train, | out | inally g hu ron ferry to take a | boat ¢ that would keep n fror smons until the BOOXS FALSIFIED. | at some | o e gation ed evidences of being | TEe for March, 1302, den’s house had been 107 13, and $200 had the charge against the of- Aguirre admitted s evident. He did not re- member s of a conversation with Mr. nce of several re- por the convict, who is ane ¢ pers for the commis- sary der he did remember that he Crossley, not| ‘Webber the cha Then he ad- ¢ the time of the that the changes had been | changes in question wrre] s had bes furnished far in excess the ected to some close the method to return ta deducted from due the prison Aguirre had | ore had been taken y of $16) for July in pay- ment rdwood lumber from which the furniture of his house in Berkeley had been made. He gave no light on the War- den’s method of returning such money to the €, except that it was done by check covering the total of amounts held out of employes’ salaries. Payrolls and the Wa: 's quarterly report were intro- duced In evidence to show that no ree- ord was made of the receipt of money from guards or officers. Justice of the Peace Downing of San Pedro was in court again during the moraing, a friendly conversation be- tween him and Colonel Preston, who once thought the Los Angeles County Justice might be a sort of Dogberry, caused much amusement among the spectators. The difficulty the San Francisco court L._. had in getting records and witnesses from from his | before the San Pedro court. J | shown throughout the trial. | Mr. Aguirre? 1 | | | | i JUSTICE OF THE PEACE DOWNENG or SAN PEDRS < Downing of the justice of the olaim of | Me Spreckels and Leake that they would be hampered beyond all reason if | compelled to try to place their evidence | At the close of the morning session Judge Fritz continued the case until Sep- ter 22 at 10 o'clock. He will spend a two vacation at Catalina. JOSEPH AGUIRRE l: KNOWS THE BOOKS | WERE ALTERED| OSEPH AGUIRRE, general overseer | at the prison, was the first witness | called. Aguirre displayed the same reluctance to testify that he has He ‘admitted a knowledge of a change in the books of | the prison, made for the purpose of cov- ering up extravagance displayed by War- | den Aguirre in entertaining Governor | Gage and his family at San Quentin. At the con‘_usion of his testimony, Judge Fritz fon.$ occasion to rebuke him se- verely for attempting to trifle with the court. His testimony follows: Mr. Campbell—Do you know a firm in San Francisco by the name of Stein, Simon & Co.? | A.—1 know cf the firm. Q—Do you know any persons who are con- with that firm, personally and indi- ly? A.—I met Mr. Stern, I think. Did you ever get from Stein, Simon & Co. any materials, any merchandise? ~A.—I | never did: no, sir. Q.—Did you ever have purchased for you merchandise from Stein, Simon & Co. by one? Whiting—We object to that as imma- if the Court please, unless— Campbell (interrupting)—It | | Mr, is simply The Court—Objection overruled. The Witness—I .don’t remember that I have. Mr. Campbell—Did you - not. obtain frow Stein, Simon & Co., on or about the 13th day | of October, 1599, materials for a sult of clothes | for vourself? A.—I think not. | Q—Well, wouldn't you know if you did, | You say, "I don't thipk I did’ now, did you or did you not? A.—To the bost of my recollection I never got anything from | them or never ordered anything from them. | Q.—If you had done so you would recollect | it, would you mot? A.—T think so, yes. \3.—Do you know a tailor by the name of Lancaster? A.—No, sir. 3 Q.—Never had any dealings with a taiior the name of Lancaster here in San Fran- 07 Mr. Whiting—We make the same objection; it is incompetent, immaterial and irrelevant. The Court—Af this time it appears to me I don't know the it fs, Mr. District Attorney. object of it Mr. Whiting—If counsel can state any con- nection it is going to have— & The Court (Interrupting)—I suppose it will be connected in some way. Mr. Campbell—Of course 1 can’t comnect It if_he says no—unless—we will have to produce other evidence. Q. —Have you presented here the segregation books of the commissary department at San Quentin_ A.—Yes, »ir. Q.—Which one is it, piease? A.—T think this one is the one they call the segregation book (showing). Q.—Does that contain the A.—Well, now, Books. accounts since I don’t know; I 1 have loked at that_ book; it contains only from May, 1991 Mir. Campbell—May, 1001. That will be sut. ficicnt; js that what you #ald? Is the segre- zation bock kept at San Quentin in the ordi- nary course of business? A.—I have—well, it s said to be. Q.—As the general overseer there, you—that is the book upen which you act If you act at ail? A.—1 don't know whether I ever had oc- casion to act—I don’t think I have seen that book half a dozen times. Q.—Did you ever have any occasion to act at all upon the segregation book, determining the amount that was—of material and provisions that were used by the various departments? A.—Except the time that Mr. Leake was there. Q.-~Now, can you show me the place in the | book where you and Mr. Leake talked about? (The witness here examfned the bock and point- 4 cut_some item in the book.) Q.—What month is that? A.—The month of March Mr. Whiting: Q.—Ts that the article (point- ing)? Is that the ftem? 2 5 Mr. Campbell—Warden's. residence, $107 15. Now will you kindly give me the ledger of the commissary department for those months? (The witness here hands Mr. Campbell a book.) Q—Do you know of your own kmowledge whether_or not that item for the month of March, $107 13—when that was put there? Mr. ‘Whiting—We object. Mr. ampbell—It ha been shown, f your Honor please, I think, by our ement, and I think by the evwidence of this witness, and it is for the purpose of show- ing that—well, the article which was alleged to be libelous charges that the Governor’s family were the recipients of the bounty the Warden, that the Warden’ ten- ance account, in so many words, was greatly overdrawn, that the books were juggled with—I think that is the expression that is used in_ the article. In order that I might show that they were not overdrawm to any zreat extenmt, 1 the witness now—and with that view——for the purpose of showing not only that they were juggled with but ihat the party alleged to be liheled, Henry T. Gage, the direct bene- ficiary of it, through his family—to show this matter— San Quentin must have convinced Judge {18 an important issue in the case. Thére is'a | gled with, Mr. Whiting—The position we take is simply ARG PARNEBNTER / K charge made here that the book has been jug- It strikes me .very plainly that itness, or the party in the custody of this the party who keeps the book. should be identify it and tistify to this. be- < on cross-examination we may be abla 5 show from « xplanations how thoss alterations occurred, If there are alterations there. The Court—If counsel- Wil} only ‘a1 if he knows. Mr. Campbell—He testifies ke is the general overseer, whose duties are prescribed, by -the board, and it is his duty to know the amount of requisitions -that are made by the various departments according to the. resolutton which bas been here introduced, of the Board ot Prison Directors. 1 have asked him if he knows when_that ‘item, $107 13, was put into that book. It s simply preliminary. The Court—Objection overruled, A.—No, sIr. Q.—Look at this item which appears on page 11, under—of the book called ‘‘Monthly State- ments, Commissary Department,” 0ppos “Warden's Residence, Current . Expen-e, | $10713,” and state, if you know,. in whoge | handwriting. those figures are. A.—In whose handwriting? Q.—Yes. A.—It looks like that of a man by the name of Crossley. Q.—Mr. Crossley. 1 also show you the—on the ‘same book, on the same page, opposite the words ‘‘Officers’ Mess and Guards, $1852 22, and ask you in whose handwriting that 1s? A.—Crossley’s, Q.—Did you ever at any time see this book when these two items were different? A.— When those two items were different? The Court: Q.—Different from what they are ow ? "Mr. Campbell: Q.—Different from what they are now? book with any other figures but these. remember. Q.—Don’t you remember having seen that book at two separate I don’t times, in the presence of Mr. Lotto, Mr. yalker, Mr. Leake and Mr. Duke? A.—Well, possibly I did; I don’'t remember. I remember of s ing the book when that figure was changed. Q.—When the figure was chang- edf A ‘es, wir. @ do you kmow what— ‘was changed, and from what to what? A.—No, sir. Q~—Don’t yom know that that original nccount of the Warden's house was 5307 137 And the officers’ and guards’ mess was $1652 227 A. —1 don’'t remember. Q.—Didn’t you hnve a conversa- tion with Mr. Leake in the presence of Mr. Webber, a convict, Mr. Lot- to, Mr, Walker, Mr. Chenoweth, when the matter was ealled to your attention? A.—Yes, sir. Q.—And the convict was asked why he made the change? = A.—Yes, #iri we had some conversation with reference to this, but I think that conversation was after the change was made. - Q.—The conversation was at the | time why he made the change. Mr. Whiting—We object to the conversation this time. The Court—Objection sustained, Mr. Campbell. Mr. Campbell—Exception. Q.—You see, don’t you (pointing) that it has been changed here? A.— Yer, sir. - Q.~—~Both of them, the Warden's expense nccount, that is, the War- den’s residence current expense and the officers’ and guards’ mess. has been changed? A.—IJt looks like it. Q.—By the erasure? A.—Yes, sir, .—Now, that is the account for March 1. Was there any difference, to your knowledge, in the number of guards and the officers that were—partook of the—that boarded In the offi- cers' and guards' mess in the month of—be- tween the month of March and the month of April? _A.—Was there any more? Q.—Were there more guards there or were there less? A.—I don't. know, Q.—Cannot you give us .any. idea at all whether there were more or less? A.—I couldn’t say; it would only be guesswork. Q.—I show you the charge against the offi- cers' and guards’ mess for the month of April, 1002, which seems ta be $1690 74. A.—Well, I don't keep that book; I don't know the— Q.—(Interrupting) ‘But you do have the general supervision of those affairs, not? A.—In a general way I do. As-I stated before, I don’t think I ever saw, that book but twice.” I don’t remember when I ever saw it, except in that time though that Mr. Leake called my attemtion to it. Q.—Now, I call your attention to the month of Avril; that was the—that would. be April 31—the month of May. I call your attention to the Werden's residence current expense ac- count, $226 49. 1 also call your attention to the month of June, §223 89; also to the month of July, $109 13. Do you kmow of any reason why these figures were changed? A.—No, sir. Q.—You have no idea at all as to why that change was made? PRISON RECORDS ERASURES TELL TALES OF FRAUD | GUIRRE tried hard to evade the issue of the change in the prison books, but Attorney Campbell kept after him. He stated that he knew A this; this, according to counsel's statement, | the Warden's account had been changed, the wit-’ | ness as to matters within his ‘own knowledge, do you | * COURTROOM SCENES DURING- ‘ PROGRESS OF LIBEL SUIT TRIAL YESTERDAY. or, rather, that he had seen that it had | been changed, but he swore that he | knew of no reason why it had been jug- gled with. The examination proceeded: Mr. Camphell—Now, ‘if your Honor pleasé, I ofter in evidence this—sthese items in this Dbook, the April item -and-the May item, and the June item and the July item. | The Court—You just offer those items; noth- | ing else in the book except the items—perhaps | you had better read into the vecord what yuu | offer. > Mr. Whiting—We will make this suggestion —I don't want to be tecanical ih my objectivns, but this book has been brought into issue, and I make the objection it is incompetent, imma- terial and {rrelevant and there is no ‘founda- tion for the evidence at this' time, in that the party keeping the book has not authentlcated it. The Court—Perbaps the commissary wouid be the man to identify the book. This witness even states he don't know what this book 1. Mr. Campbell—L don't so understand it. I understand him to say be knows it in a gen- eral way, and it is the book that they keep there in the ordinary course of their business. He has already testified to his belief as to the handwriting of the person that keeps it. Mr. Whiting—I don’t want to be technical. My object is this: The party who keeps the book is here, and if he was put on the stand I would have an opportunity to cross-examine and poesibly have hum explain those apparent alterations.” It s possible he may be able to | o_it. The Court—The party who evidently kept the book is a canvict, Mr. Whiting. Mr. “Campbell—We will state for the benefit of the District Attorney and the court we hope sincerely to be able, after exhausting all the intricacies of the law, to get the gentleman who Kept this book before us. We have had a subpena issued under the order of this court, with the return on the back of it. They have refused to obey it, and we have in_process now—had, until it’ was announced by your Honor that we would not go on next week, or have some little time—a method to produce those gentiemen. We will produce them. I want o call your Honor's attention to these items. 1 also want to call your Honor's atten- tion to the evidence—the change which is evi- dent—and the District Attorney's also—in this book—that is, the erasure. 3 Mr. Whiting—I suppose there is no objection to you offering these for identification at this time? Mp. Campbell—No. -1 want to call your at- tention to_that_ (pointing). ' You see’ that is evidenced there, that one—there is an erasure there of—I have not got a glass. Is tiere a slass in court? The Court—Mr, Bafliff, you go to the Chiet of Tolice's office ‘and see it you can get a slass. A Mr. Campbell—My claim is, this 8 has been changed (pointing); that has. been—there is an _erasure (pointing), and that is an erasure. The Court—So (is the.5. There ‘is some change In the §; that is apparent It looks as if there was something underneath it at one time. - Mr. Campbell—Our -clalm is that the 3 was crased and a 1 substituted, a 6-was erased, and Whether the 5—I am not positive about ‘that, but the 6 was erased and the 8 substituted, thereby changing $200 from the Warden's house account and charging-it to the officers’ and guards’ mess. t Q.—These entries are made from a sheet, are they not? A.—I 'don’t know of my own knowledge how ‘they' are made, Q.—Didn't you see the sheet from which this April entry was made, on the 23d ‘of May, 19027 Didn't you see that sheet? A.—Yes, sir. Q.—Was there not on that sheet the direc- tion in the following words—— Mr. Whiting (interrupting)—We object to the contents of the sheet, if the court please—I | mean that is not the best evidence. Mr. Campbell: Q.—Do you know where that sheet {8? A.—T guess it is at the prison. Q.—Who has charge of them, the commis- sary ‘department? A.—The commissary: Mr. Campbell: - Q.—You saw that sheet? A. —I did; well, 1 saw that sheet there, or a paper where there was an entry— Q. (Interrupting)—Well, don't you know, Mr. Aguirre now—don't' you remember that you saw it? A.—Yes, I say I did. Q.—It was a matter of vital Interest to you at that time? It was impressed on your mem- ory, was it mot? Not very forcibly; I didn’t understand just exactly the transaction. Q.—You say you didn’t understand the trans- action? A.—No, sir. Q.—~What transaction didn’t you understand? A.—The one under. discussion. Q.—You mean you did not understand the transaction of changing the account? A.—Ye sir. Q.—~You did not understand why the Wa den's account was deereased and the officers and guards' mess increased? A.—Yes, sir. Mr. Whiting—I submit that is objectionable, There is no evidence at this time there wi any change of the aceount. The book is not in evidence. I don't think this line of examin- atlon is proper. The book is not in evidence. Mr. Campbell—That portion of the book is in evidence, T Mr. Whiting—We object to that. SOoLONEL. PrREsSTo MARES & HEDNS JUDGE EACE wiITH SWNING ' COMHISMR‘, FoLEYy TRiES To | EXPLAIN The Court—I -admittéd that in evidence. Mr. Whiting—You ,have admitted those items? The Court—Yes. Mr. Campbell—The other items clear on down to' the month of July I offer in evidence too, and read them. Now you say then that you don’t know why the Warden's account for the month of April was decreased and the of- ficers' and guards’ mess account was increased? Mr. Whiting—I object on the ground there iz no evidence to show at this time it was de- creased. The Court—I don’t remember the witness ever testifying he knew whether it was in- creaséd or decreased. A.—No. Mr. Camipbell—If your Honor please, won't you kindly read, Mr. Reporter—he said he did not. understand the transaction. I asked him what transaction. The Court—Just a moment ago the witness | in answer to a question you just repeated a second time, did say no, he didn't understand why the Warden's account had been ‘decreased and the other account had been increased. Q.—Do you~know how that account was changed? " A.—No, sir; I stated that. Mr. Campbell: Q.—~You don't know- how the account was changed? Mr. Whiting—I was just going to make the objection on the ground it assumes a fact not in’evidence. The Court—The witness perhaps-did not un- derstand the question when he answered be- forey Mr. Preston: Q.—Is there anybody in San | Quentin under this regime who is responsible for anything, if you take their testimony as | they come on the stand? This man is a sworn officer’ of the State of California with his du- | tles defined by law. These questions are put | to him about acts which were in the scope of bis officlal duty, under his oath as an officer of the State, and for which he Is paid by the State of California, The Court—Why, if he knows anything about the chango he can 'testify to that, but when he testifies he does not know, that ends the ex- | amination. Mr. Campbell—I desire to offer in evidence at the other side of the book here, Mr. District Attorney, the change in the total. This item | ahd this tem (pointing) the one which—the to- tal of the amount of the Warden's current ex- pense.. The total is $111 70. It bears evi- dences as you see of having been changed, Mr. Whiting—We make the same objection. | The Court—Objection overruled, Mr. Campbell—The other ome is $4023 40. The ““4"* and the "0 bear evidence of havisg | been crased and changed. Q.—Now, you say, Mr. Aguirre, that you don’t know why Xm change was made, is that a fact? A.—Yes\sir. Q.—Did you not state to Mr. Leake on the 234 day of May, 1902, in the presence of Mr. Lotto, Mr, Walker and_Mr. Chenoweth, that it had been made by Mr, Webber? A.—I did not: on the contrary Mr. Leake told me that the figures ware made by Mr. Webber; I told him no, they were made by Crossley. Q.—Now, then, you knew then that the fig- ures had been made by Crossley? A.—Yes, sir. . Q—Now, _ then, what conversation—what other conversation did you have at that time in the presence of these persons at that place in relation to these changes? State it all. A.— I don't remernber the conversation ' exactly. The—Mr, Lotto evidently knew that the figures bad beeri changed. when nobody in the prison knew anything about it, because he went around to the desk; he sald these—'the figures haye been changed.” He opened the book and stated that before I saw those figures. 'That is what Mr. Lotto did. I didn’t Xnow the figures had been changed. Q.—Didn’'t Mr. Lotto ask you for the sheet at'that time? A.—He asked me for a great many things, a great many books. - - Q.—No; but the sheet—we are talking just about the sheet; don’t let's get away = from that. A.—Yes, sir. Q.—Didn’'t he ask you where was the sheet from which this entry was made? A.—Yes, sir. Q.—Didn’t you produce it? A.—I told some body from the commissary to produce what ever they wanted, which they did. Q.—Let's take one thing at a time; didn't you have that sheet produced? A.—Yes, ‘sir. Q.—Dlidn’t that sheet show the change” A. Yes,. sir. 3 Q.—~Didn’t that sheet = show—take off $200 from the Warden's—irom the Warden's house current expense account and add it to the prison mess? A5 Mr. Whitinge—We object to that. The Court—Objection_sustained. Mr, Campbell: "Q.—Didn't you have a ‘con- versation at that time with Mr. Leake, Mr. Lotto, Mr. Walker and Mr. Chenoweth about that sheet? A.—I think we did. *Q—What? “A.—I think we did. p&;What was said at that time about the sheet? 3 (Mr. Whiting—Same objéction, it the court please. The Court—Objection sustained. ‘I don't see hew you can impeach’the witness in that way: I don't know what the object of it is. Mr. Campbell—This is evidently a hostile ‘witness, * The Court—There s no question about that. HIS CLAIMS ARE -NOT BORNE QUT BY THE PAYROLL AE witness was closely questioned -in reference to the methods of de- ducting from the salary accounts of the attaches of the prison the amount of‘all goods they receive from the State, Aguirre was very shy on thig question. The testimony continued as follows: Mr. Campbell: Q.—You testified the other day that a certain amount of money would be’ deducted from your pay for this material which you got from the State. Now, what be- comes of that money? A.—That goes to the Treasurer. Q.—Sir? urer. Q.—Through what office or officer does it go back to the State Treasurer? A.—There is a warrant drawn in favor of the State Treasurer. Q.—By whom? A.—By my brother. Q.—Now, then, you say there is a warrant drawn in ‘favor of the State Treasurer, and that money goes back into the State Treasury? That money—the money is put in the bank nd then a warrant is drawn in favor of the State Treasurer, just the same as bag money or any other money that comes in. ‘Q:=Dcn't . it pass through the. Controllér? A.—Well, 1 guess the—I.suppose if the Con- troller has to— Q. (Interrupting)—Sir? -A.—I suppose if the Controller hes to draw a wi t. Q.—I am talking about the money that goes back. A.—Yes, sir. Q.—Which you say is deducted from your salary; now, you receipt for your salary in full, den't you? A.—Yes, sir. Q.—Now, what becomes of the money that is deducted from.your salary? A.—That money is put in the tank and at the end of the month the cash Is made up, the amount of disburse- ments deducted and the balance is paid into the State Treasury. Q.—Through the A —Through the regular channel. Q.—What are tie regular channels; that is what 1 am trying to get at? A.—Well, you would Fave to—I den’t know as you can find out from me. Q—Do you know? A.—No, we draw the money in favor of the State Treasurer, and.it is paid—we get credit from the Controiler. Q.—Do you file a statement with the State Treasurer showing the amount of money that has been deducted from the salaries of the va- rious officers? A.—I think not: I don’t know. A.—That goes to the State Treas- Controller? Q.—Do you file it with the Controller? A.—I | velieve so. Q. (Interrupting)—Don't you know whether it is done or not? A.—I1 belleve it is. Q—I show you, Mr. Aguirre, what purports to be a record from the Coutroller's office, marked No. 172, M. G.. Aguirre, Warden, pay- roll, June 30, 1902, general fund, payable out of the appropriation for salaries officers and employes, San Quentin prison, for the fifty- third fiscal year, fifty-fourth fiscal year $5000, filed July 12, 1902, and it is headed as follows: “‘Pay-roll, California State prison at San Quentin, for the month of Jume, 1902: We, the undersigned officers, guards and employes, hereby appoint M. G. Aguirre, Warden, our ai torney to draw and receipt for our warrants for the amount of our salary, as set opposite our respective names.” And now_there is—there are forty-five names there. Now, these per- sons—these 45 persons, more or less, have dealings _ with the prison, don't they? A.— Yes, sir. Q. —And the receipt in full for their sala- rie: A.—Yes, sir. ‘Q—But they don't get the amount of money for which they receipt, do they? Take your morth of June salary? A.—Yes, sir Q.—Or July salary, when you say there was deducted from the amount that you owed the State, some 150 odd dollars? A.—Yes, sir. Q.—You recaipted for— A. (interrupting)— For my full salary. Q.—$160, isn't it? A.—Yes, sir. Q.—You receipted for $160? A.—Yes, sir. Q.—Then, in fact, if you owed $150, you got but $107 A.—Yes, sir. Q.—Now, what I want to get at—if you know and if you don’t know, simply state—what be- came of that $150 that was deducted from your salary? A.—Well, all moneys received in that way are put in the bank, when a deposit is made. At the end of the month all the receipts —all money is turned into the State. Q—How is it.turned Into the State? A.— Well, we draw a warrant. Q.—In favor of the State, or do you draw a check?_ A.—Draw a check. Q.—For the State Treasurer? A.—Yes, sir. Q.—Then you must get the Controller's war- rant covering that money into the State Treas- ury? A.—I think that is arranged up there at the bank. Q.—Are theee reports made quarterly? A.— I believe they are. Q—Would you know the requisition_book if you would seo it, Mr. Aguirre? A.—Tes, sir. Q.—The book I hand you now—please exam- and I will have it identifled? A.—Yes, Is that the requisition book? A.—Yes, Q.—Do you know why there is a lapse or a break or an interval of ten years in this book? The witness—Yes, sir, I can tell you- Mn Whiting _(interrupting)—-That w lained by Mr. Foley yesterday. FHe saf P iettion B e et (Bat ikey’ 1 Vets using old beoks: They had taken the old books to save the expense to the State—had taken old books, Q.—Have you the requisition book with you from July, 1599, up to April, 10022 A.—No. Mr. Preston-—That is one of the books we wanted Mr. Foley to pro- duce, and which we covered very carefully in that order. The Witness—There is a book. The Court—Oh, that book is mot the boeok. That book only ecev two wmonths of the pre: yea Mr. Preston—Ves. s _is ‘the same bool: that was brought here erday. —1 sent thnt order over to the commissary department and asked them to put up these books se I coutd bring them over, Mr. Preston—How is it you al- ways leave out the same hook ? Why do_you do that? A.—I never do. RAT we wint. © At ow Sars Sbs ‘““;:“ 4 pist ou are mis- —You bring records— oSl brine Tecorda_geme of A re, Mistaken. Mr. Preston. taken shout et e aiey ey were missing vesterday morning for - thi: De_“;ul %, :::;’ ‘l-‘ s same idemtical he Court—It wax Mr. Foley wh was’ instructed to bring them 'y'e: Caustic Words Make Joseph Aguirre Wince. i General Overseer Ad- mits Changes in +- - Records. « - Mr, ' Preston—Foley —was in- structed and then I wrote it for you, Mr. Aguirre, on a slip of paper, 5o there could be no mistake. The Court: Q.—Were you over to thye yrlfln yourselt, last evening? A.—Yes, sir. . Q.~—You should have takem 1t matter into your own hands, not a lowed others to handle if." You should have brought over the pro- books. Yesterday there was ::: trouble in ennn—l Mr. Campbell—Now, your Hopor, I insist the witness produce instanter the other books. There is no excuse for this order being dfs- obeyed. This order !s Dlain. The Court—The witness claims he has not the book; his only explanation is he sgave that slip of paper to some one im the com- missary department—the department thers to get the books; he did not examime the books. Why he did not examine them or abtain them himself 1 don't know. I don't know what excuse he has to ler, about tha list. It says from July 1, 1899, ta June lfl‘m A.—1 understood that to mean The Court (interrupting)—The order wis very plain, Mr. Aguirre, Dosks to Mentity tham with this The Court—Oh, that list is segre- R Al these books sre mained . Au-—All these books, from this date? artments of th ’ruol‘ but lleve and I am forced to the clusion that not only are we bel trified with, but that the court being trified with. What took my absence yesterday is evi- ee, to my , of fact. These witnesses were told to be here with these books. And from the trouble we have had in securing the attendance this morning of the commissary, forces B my opinion I ask your H Pooi; 12 ho dose Bots ish hi ook, e punis m. The Court—Unfortunately, at this t conld be i e i time, any nishment t! —of that sort—any delay of t case would be punishment om t! court, because I am very to zet away. However, as I was about to state— Mr. Campbell }l-(om"l-.')—ll fine was im- a twenty-five dol posed on him it wouldn’t punish the not pun- court very badly, it woul e Court—All through e Xt the case, as counsel -uleHo({ the coun- sel for the prosecution and defense ‘e been very lenient with the wif- nesses from San Quentin and have been particular to look out for their interests, and I have continuned the hearing of the case to 10:30 inatead of 10 o’clock in the morning, se they ht come over on a later boat. but hereafter I shall refuse to grant them any consideration. whatever. I will treat them the same as’ Wiy other witnesses in the case, and they will have to obey the orders of the court, and if an order is disobeved the witness will be punished for contempt of court, and punished severely. It seems to. me at this time there is some trifling moin on. I cannot understand how = r- 2 nn o ¥ could -lnnl-naid The witness—Well, now, your Homor—. The Court (Interrupting)—However, I will not inflict-any punishment, now. Let the mat- ter pass, but this will be the last time the m’r(;’er will pass. e witness—I was in ®ood faith; thinkin I was bringing every paper called for. b The Court—It seems strange you would’ not investigate and find out what books Wers wanted. That order seemed to be very plain. I don’t see how you could take it for granted the segregation book was the only book want- ed between those dates. What Involes book do you think was required? It say® “invoica book,” without any dates back of it, but at the foot of the paper all the dates. A.—Oh, I took that to mean fust, for the segresation book. . r. Preston—I don't see how could make a 1!!;:I\Eke at all. i e Court—It seems to me the wif - not showing the . same spirit men-emn has been showing toward them. All through [ have been trying to treat them as nicely as possible. Hereafter they will comply strictly with every order made by the court or thers "l‘} bec conz;emnt proceedings. r. Campbell—The involce book is E We asked particularly for that. Ym cross-examine the witness, CROSS EXAMINATION. Mr. Whiting—Mr. _Aguirre, for the matertal for that couch? A.—Yes, sir. —You paid for all that material, 9 A.—Yes, gir. el (I —ADd & table for Mr. Jones?. A—Tes, sir. . Q.—Did you pay for all: the that? A.—Yes, sir. vy ey The Court—Mr. Whiting, T suggest you post, pone the cross-examination of Mr. Aguirre: I believe counsel wish to ask Mr. Foley some questions on direct examinatfon. Mr. Whiting—T have no_obijection. The Court—Mr. Aguirre will come back when ever you require him to explain those matters. Mr. Whiting—Yes. Mr. Campbell—Mr. Foley, take the stand, irmbth it = JUDGE FRITZ GIVES WITNESS STINGING REBUKE URING Commissary Foley's exam- ination he became greatly excited and the court had to order him te be calm and take his seat. He de- nied that he had been instructed to bring his books into court, but Judge Fritz no- tified him to be on hand with them at the next session and stated at the same time that he would not tolerate any fur ther dallying with the matter. The test- mony: Mr. Campbell: Q.—Did you producs voice books for the years 1901 and l”';.' o A Gy didn ¢ o . _Q—Why n't you produce them Now, your Homor-Judge YA Q. —(Interrupting) Answer my questloi. A.— Hol4 on mow. "I will answer you directly. Now =ty Q.—(Interrupting) Answer my question. A —1 will answer you clearly and— Q—(Interrupting) Don't banter words wit: me. A.—Will you wait? I got a general or- der without any reference to any dates. Q—Why didn't you produce then the invoice Book? A.—The last one i use: Q.—Yes. Where is it? A.—I took then back yesterday. Q—The one in June, 10027 A.~I.think tha: wa3 in among them. E Q.—Were you not asked on the witness stan¢ to produce the books for 19017 A.—Not unti vesterday. B Q.—Were you not asked on the day before A.—No, sir. —You thought, then, that we wanted the books that had been used in the prisom sincs the 24th day of May, did you? A.—I though —1 didn’t pretend to think;- I brought the actu. ality of what Was {a use accordiag to geners order. Q.—Didn't T ask you for thé mornths' of Jan uary, February, March and April? A.—No Defore yesterday. after L had- the books here Mr. Campbell: Q. —I understand you don know in whose handwriting the body of thes hélu that were shown you yesterday—. A (nterrupting)—Let me. see some 1 sor u(t:lmngl:: hils. o e ooy ourt—Don’t get aseited, Mr. Poley. —I know what I am talking -ty 2 Foley. You can wink at Jo You can't scare us., - Q.—That is it, Continusd on Page $0, Column & - all you please.