Sacramento daily record-union. [volume], April 03, 1885, Image 4

About Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891

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THE BURNS CASE.
ARGUMENT OF HON. A. L. HART
TO COURT AND JURY.
The Testimony in the Case Reviewed
and the Conclusions Drawn
TherelVoiii.
[Phonographically reported by Warren E. Doan.j
Following is the argument of Hon. A. L-
Hart, made to the Court and jury in the
case of the People vs. I). M. Burns, We
Secretary of state, upon indictment i"<>r em
bezzlement during his term in s:iid office,
and concerning which the testimony given
upon trial just concluded li:is already
fully appeared in the columns of this jour
nal :
SPKBCH OF MB. HAIIT FOB DXF2SBB.
Slav it please the Court and gentlemen in' the
.Jury' Fourteen years of a somewhat varied
practice has not enabled me at this Ume to ap
pear before this jury without srcut embarrass
ment. [ confess that whenever, in the pursuit
of my profession, I nave found it necessary to
take upon myself the responsibilities that ordi
narily depend upon the result of a criminal
trial, I have approached the labor with fear ami
trembling, lest W some omission or weakness
of mine a vetdict might be obtained which
would not I".- in accordance with the law and
the facts, and which might produce Injustice (••
the party whom I hare represented. As was
stated by the learned associate of the District
Attorney, this i> not an ordinary trial : :nid al
though 1 wus unwilling to have tbi> "ause prac
tically dismissed under an instruction of this
Court, upon motion ofthe prosecution, the char
acter ofthe gentleman who appears here v- the
defendant so increases the importance ol the
resuH to be attained that the feara and embar
rassments with which I approach the lam act
which I maydo for him are correspondingly
multiplied. This. Indeed, i* not an ordinary
trial, lor many reasons.
Whatever might be i he sentiments tiie.t would
control ii luv. yi/r iv the presentation of an ordi
nary criminal case, I an* justified nt tlii> tune,
while representing the client that I do. In this
case, involving events of such magnitude to
him and to the people, In severely appreciating
the possible effect ol this prosecution, and in
doubting my own power evei to express to this
jury the Impressions and conclusions which
have come to me as I have watched the progress
of the trial.
When I say this is not an ordinary case. I re
fer to some extent to that which should always
lie taken Into consideration by a jury in arriving
at a verdict— ihe character and previous Ii story
of the defendant on trial. Many factors enter
into the consideration of a controversy of this
nature. The people in their sovereignty appear
here, represented by their counsel, the liMriet
Attorney; others appear here with their co insel,
General Carey; both are asking a conviction,
that the law may be vindicated, aud the effect
of such a conviction may be to t:ike from an
honorable citizen his liberty. L'pon the aide of
the prosecution there should be no considera
tion excepting that of the law of a common
wealth broken and trampled under foot; there
should be do demand except that criminal jus
tice flinll be properly, equitably and mercifully
administered.
WHAT THK Jt RV SBOri-TJ COKSIDEJE.
But upon the side of the defendant in this
case there is another potent fkcior which should
not be permitted to be lost in the mists which
may be created by the invective and Denuncia
tion which may be expected from the other side
when the closing argument is in progress. It is
indeed appropriate tuat in the argument in this
ease, and in the final consideration of the evi
dence, the jury should bear in a [nd the true
meaning of a determination that the defendant
'is guilty. Such a determination would inevita
bly destroy the character of an individual who
atone time in the State's history, from his offi
cial eminence, shone like the glittering, scintil
lating, sparkling beams which with steady, uu
dimiiiishtil ray penetrate through night's man
tle Iron) the stars of the tirmaneut. 1 say this
feelingly, because I know ii. I say it because
of three years of the term of office which he
held by the teuure of the suffrages cf the peo
ple, during which time I myself constituted a
part of the executive department of the govern
ment of the State, and during which time I wls
thrown into constant official association with
Dan Burns. He was then the Secretary of State,
acting with me daily and weekly upen the
Board of Examiners, of which we were both
members, and consulting with me, at times,
with reiercce to the affairs of the Gov
ernment. Within the period of four years
in the past. Dan. Burns, the man who is now on
trial before yon, stood so high in the estimation
of the people that some of his tradueers of this
hour would not have been tit and proper per
sons to till the capacity of his menials; they
would not have been able, in the eyes of this
community, to have contested with him, either
in judicial tribunals or elsewhere, the question
as to which was the more honorable. And when
the final hour shall arrive hen it shall become
your pleasant or unpleasant duty to signify by
your verdict what shall be [he future of tLe
man on trial, ask you to bear in constant re
membrance that it is within your power, and
that if such power is to be executed, upon you
is placed the responsibility of dragging down
into I!.'- garb and ostensible character of a felon
an Individual who. within the recent past, has
stood
THE I'KKP. OF ANY MAS
At that time, or prior I >, or since that time, with
in the boundaries of the State. It is appro] i
therefore, that in weighing the evidence in this
case, in determining the veracity oCwitnesses,
in directing the effect of circumstances, this
jury shall take Into consideration the nature of
the responsibility resting upon them when they
are asked to decide thai he, who was once the
trusted servant of the people, who was loved by
liU friends and who was distinguished by his
honorable career, shall be ';!.■'_:.•.■<! down, and
down, until he shall lie associated with felons in
the cells of a prison. 1 dwell upon this, gentle
men of the jury, not because 1 desire in »ny
manner to appeal to your passions or to
the prejudices ol this community, but
because, as you will discover from the
infractions of the Court, the cbarcter and
previous history of a defendant should al
ways, be taken Into consideration as tending, in
a greater or less degree, to demonstrate the
probability or improbability of the truth of the
evidence offered on behalf of the prosecution.
In this connection I desire to say, in reference
to myself,) never in the course of my pro
fessional career have 1 been connected with a
litigation which has drawn from me such sym
pathies' as have been swelling in my heart from
the day \\\«>n which this trial began. 1 wish to
say, furthermo'C, in congratulating this jury
upon the tact that they have passed over all the
exciting scenes that have occurred in this
Court-room, as the reMiH of forensic con
flict, and are just about to enter upon
the deliberate discharge of their duties, thuft I
. wish them to remember that these conflicts,
' these apparent expressions of severe feeling
upon the port of myself during the trial of this
cause, have not been Indulged in because I
dared not face the « hole truth, but because f
have believed in the justice of my client's cause,
and because I could not reconcile in my own
mind the cold-blooded manntr in which this
case has been prosecuted.
In every criminal and In every civil trial yon
will tun! thnt. to some extent, the Justice <":f a
<"ause may be determined by the manntr in
which it has been conducted; asul in the crit
icisms which 1 may mnkti upo i this branch of
the case I do not wish to be understood us pay
ing that my friend General Carey. « he has been
the chief in the management of this prosecution,
would willingly and designedly do chat which
- it hits appeared to me has been done? in order
to compass the conviction and destroy the : lib
erty of my client, and brim; unhappincss and
ruin u|*']i his family. 1 ilo net believe that
General Carey would be guilty of intentionally
undertaking to destroy a man 9 libcrt7 without
cause; but liefore I cot through with this argu
ment I propose to demonslrn'i; that there ore
men, no have appealed i![«ni this witness-
Btaud in this trial, who have made themselves
the authors of occ of the most vicious, infernal,
ami damnable plots that lias ever been con
ceived against a cltizon of this Republic lv
the presentation of the questions involved in
this ease, gentlemen of ilx- jnry.it U not mv
purpose logo through all the evidence that hxs
been introduced : t»> attempt an analysis of the
books of account which have Ih-I-.i placed
before yon; tocriticise the particular expressions
of witnesses upon the stands or to make hyper
critical comments uixjn the testimony of each
witness who ha* been brought before you. In
every prosecution there nre some prominent
facts that Wand out and Indicate
II I ! !■.- ;
That din-it tin- human mUni, and i*iint to thnt
side of tbc !■;«;-;• upon which ajust verdict may
be rendered, Therefore some proaiirent fwis
in this case, which demonstrate the Innocence
of my client, and the unquestionable guilt of
auother; but unfortunately a dlscusdoa of these
facts necesMr ly involves a criticism of some of
the witnesses who hive lieen produced !i>-re. by
the prosecution; whose characters I would not
unnecessarily asperse, iw.i who in the past have
been, not my ojMinici, but my frlamw. I am
sorry. Indeed, (hat in the argument of this
canxeithos been necessary for me, severely,
perhaps, bat Indeed not abusively, to criticise
some of the men wno have stood forth here as
the prosecutors of my client.
Before entering i;j*m the consideration of the
tner >i.<t of this i-ase, gentlemen of tin- jury. I r.'ish
to my, furthermore, to you. Ihst I v, as not sur
prised today when Genera! Carey arose in your
presence and Indicated his HrfiliajrneM to have
'the Court iiisiriirt >iMi t.i find the defendant
'" not guilty." Tn!s «us a eiri-iimstaneo which,
in my jiidj.-iv.oiit. showed the beni .f the mind
of the chief prosecutor ; watch tended to show
that be, at lea-t, ropenii.fi of tula prosecution,
and that he wns v tiling that this eesc should be
dismissed. We, however, nro not here for the
trial ■•! this cause alone. 1 l.a\ eno fear. l>cfore
twelve honorable men, of the result of this trial
1 am not here to ask His Honor to deliver
an instruction to this jury which shall
take from it its power to consider the
questions involved j,, ln j s controversy
I am here asking thai which I believe will inev
itably follow thy ver.lict of this jury: that the
sunlight of God's eternal truth umv once more
shine down v.-,. ■■. the persecuted head of mv
client; tli.it ■'■ may have th unanimous vcr- ]
diet of twelve honest men. selected by the pros
ecntion and "■■•'■ which shall give to him a
(Indication that will enable him again to staud
before people of (uiir.irnia in the same po
sition in which he Mood before these unfortu
nate charges were brought to his door carrying
with them disgrace and almost insanity to him
self, and sorrow to his family and friends. We
desire a vindication. We are not here for the
purpose of coping with this prosecution in its
desperate attempt to convict upon a technical
ity. •• c urc standing here upon
_ . _
THE BROAD FIELDS OF .'l -TICK.
- We have asked the concealment of no facts
from this jury or the people: but we have nsked
. th , nt when th:s case wan tried, the books of his
ofuce might be ■i"i. and that his mind and
heart might stand forth to be observed by the
people, in order thst the vindication should be
*o complete that his wife, who now sits at her
home waiting once more for her husband to re
turn toner, shall be permitted to grasp him by
tbc hand as one who has made the record of an
Honest man. These are the semiineuta that we
have In this trial: and in the argument of this
case, eentleinenofthe jury. I propose to si ana
upon this platform, and If „.U
Attorney or his associate, in gS**^,™!™!
cose, wishes to cynically criticise trie con iuu
o! my client wishes to ask lor a conviction upon
a technicality I would ask you us men of honor
fo sit her, in defense of one of your co-subjects
under this Government, and to answer for your
selves the technical arguments, the insinuations
or the slurs that may Ik.- made against him when
my mouth shall be closed forever in bis defense.
I mas say to you I am not astonished, as
was said by some gentlemen who spoke to me
at the time the trial was in progress, that the
uroHecutors were ready to '•squeal." It was a
striking illustration of "the struggle of brave
souls in the mire and the final yielding up of
the ghost." lam not astonished that it was not
desired that counsel for the defendant should
rise in his behalf; undertake to paint this prose
cution in its true colors, and to demonstrate the
villainy of the attempt that has been made to
destroy the liberty of a citizen.
THE CHABGE IN THIS DiXHCTKIOIT
Is that D. M. Bums at the time named therein
was Secretary ofthe .SUite of California; that
while he was Secretary of Ptate. he received
into hi.-: control nnd management the sum of
$185 from A. L. Bancroft * Co.. which became
and Was the property of the State : that
while he was in possession of the said
money be unlawfully, feloniously and willfully
converted the sjiinc to bis own use anil not to
the use of tbe State; and if you lind that he did
ths, 1 say to you, gentlemen oi the jury, what
ever may have been hi> former character, or
previous history ; whatever may be the suffer
'iiK that may be brought to himself, his family
or his friends, the law hn.> placed its mandate
up^n you, and it will then becomeyoarim
perative duty to find him guilty ofthe crime
charged. The question as to whether he thus
converted the said money is one ol fact, upon
which the defendant has been called here by
the Grand .Jury of this county to defend him
self, and we congratulate ourselves njion the
fact that we have not only succeeded in estab
lishing th it Mr. Burns did nut so convert the
money of this State, but we have
demonstrated that after the retirement of Mr.
Reynolds the defendant not only gave to the
State all that he received belonging to it, buthe
reached down into his nearly empty pocket and
took from it every cent that he had upon earth,
and paid i: on behalf the state, to partially meet
the defalcations created by- the infidelity and
dishonesty of his foimer deputy.
IK- appears before you hen- to-day not with
hired counsel, but with a friend to plead his
cause: not with h lawyer paid to come before
this jury and twist and distort the facts to meet
the necessities of bis defense, but with one who
has known him. and whose friendship brings
him here to defend him; not with money or dol
lars in his pocket w Ith which he might seek to
compass the ruin oi some other man. but in
poverty, and with his tacts and his innocence,
and with friends who arc strong cnougn nnd
who are willing enough to champion hi- cause
as long as a defense may bo needed; and if dis
grace Be brought upon him by the verdict of this
jury, to stand by him and support him in his
sorrow. We started into the trial of this case
with an admission. We have
SOUGHT To CONCEAL SO FACTS
From this j'iry. Wo began with an admission
that this one hundred n:v\ eighty-five dollaw
was received by Mr. Burns personally. We be
lieved at thai time, ;tn<i we believe now, that it
was beyond the power of tins prosecution to
prove the admitted fact ; but it was true, and I
Call to the attention of this jury that while I
was protesting :i,;:iinst the admission, my client
w:is Insisting upon it. because it was true. The
prosecution sought to attach to that admission
the addition that the amount was not paid
into the State Treasury, but we protested. When
i! was sought to prove that many amounts were
collected which were not entered in the lee find
i ;i th-books after the discharge of Mr. Reynolds,
we frankly offered, in the presence of the jury,
to nii'.iiit the fact [Tnwilling to be placed in trie
attitud« of seeking to conceal a solitary fact,
we desired the admission to stand before this
jury unvarnished by anything that might be
s:ii<i by tbe defendant, uneolored by anything
thatniighl lie drawn from the insinuations ol
the learned counsel who represented the other
siiie. But, strange as ii may seem, thi real
heart of the peopleof California, ;is it iva- rep
resented by the learned counsel who appeared
for the prosecution in this case, wossoha dened
that it wouiddexin to convict Mr.
Burns, not upon the plain facts in the case, but
i-> first 'I -L-'n:' : iiL' bun and then convicting
him by appealing to the passions of men. I
spoke of it at the time of its occurrence In the
trial, and 1 do not hesitate to say to you, gi ntle
the jury, th-u in the history of criminal
jurisprudeui c, from thetimi the villain Jeffries
constituted .; part of the English judiciary and
madi ol himsclfa -tool pigeon to be commanded
!\ royalty to destroy the reputations and take
the liberties and lives of the subjects of that
country, there has seldom, if ever, been an
instance, up to the present time, when ;■ prose
cution has round ii m cess irj to refuse to stan '.
upon the broad facts of criminality, to refuse to
accept the admitted facts in the case, and to
seek by means of this kind, n:i !a i r in their
nature, to disgrace the defendant before the
jury who i:re to constitute hi.- judges, by draw
ing out, item after item, that are admitted facts
In the ease, believing that they might tend in
some miinncr
TO ABOCSE THE rBEJCDICES OF THE JURY,
And by that means crown the prosecution with
a success which it could not otherwise hope to
accomplish. The ruin of an Honorable man
based upon such a proposition would be mon
strous. I tell you. gentlemen of the jury, that
when you consider the fact that many of the
items thus drawn out by the prosecution were
not involved In this controversy, and that the
prosecution was unwilling to receive ii;- admis
sions of these collateral facts, offered by his
counsel in the case; when you consider the
cold, calculating heartlcssness of an attempt, !
such as has been here made, by refusing to ac
cept the admissions of counsel, to badger the
brother-in law of the defendant simply because
he was a relative, with the view of reflecting an
unholy light upon some member of his family,
you will not think that this prosecution has been
conducted in the spirit which induced the
fathers oj this republic to attempt to secure by
every constitutional safeguard the lives and lib
erties of all its citizens.
Why, gentlemen of the jury, I have never
been able to comprehend how it is hat any man
may desit* that the liberty ol an Individual
may be taken from him. I have never been
able to comprehend how it is that a man may
desire that another miry bo incarcerated in
prison. I never have been able to understand
how it is that men come here from San Fran
cisco, and in order to further the detente of un
other would be willing to sink Pan Burns into
everlasting ruin. When the fathers ■-■ cto i"
construct a republic, in accordance with the
views of men, who had seen the tyranny of the
old country, the very first safeguards which
they sought to build were those around the
liberty of the citizen; which should take from
the Government the power, in its ex
treme exercise, of destroying either
lile, liberty or property; which under
took to broaden and expand the rights of the
citizen, and give to the Government no powers
.-■ ci pi those which were absolutely necessary to
a just enforcement helaws;andpftheserights
thus secured, that of liberty has ever been con
sidered the most sacred. I remember that in his
apostrophe to the Goddess of Liberty, Mr. Sterne
oucc said : "Withthceto watch upon him as
he eats his crust, the swain i- mightier than !
his monarch from whoso court thou art ex
iled." Ami no finer sentiment ever tell from
the lips oi any man. Whenever ive seek, either
:l-> individual citizen or as Officers in the en
forcemeat of the la w, to take the liberty of an
Individual from him by unfair means, we strike
at the very foundation of the structure upon
which lias been builded the hopes and as
pirations of Americans, and we threaten
the very securities of which we have
boasted so long aud truthfully. But
in tin's prosecution, unmindful of the
interests of the individual on trial, unmindful
of the foe thai he was entitled to a fair investi
gation and determination of the Issues submit
ted, the prosecution come- into this Court
and by insinuations meaner than could have
been made of . him if he had been a villain,
seeks to destroy iiis defense in the minds of this
jury and to convict him of an Infamous offense.
i wish to
jr, PHOTOi this case
To this jury, not In its ■!■ tail, because it does not
need if. I [order that we might not be subject
ed to uiisco'.ifiniPtioii we have consented In this
case that the prosecution should goto the first
item of Mr. Burns' term, and pursue the books,
Item by item, from the fir=t day of his incum
bency until the close of his term of oflice, and
this we have done, notwithstanding the fact
tbiit he is upon trial only for the embezzlement
of the SIN') named iii the indictment
We have, thus enabled them to prove in this
trial, item by Item, accruing day aftorday,.wcek
after week, and month after month, until we
have placed before this jury a perfect i tureof
Mr. Hums' term of Office, including not only his
own individual conduct, but that of nil his (!cp
utien. W«> have been willing (hat this course
should be taken, but we have protested that
they should not i>c permitted In this ■ use, in ad
dition to ail the liberty given to them by the de
fense, to place Mr. 'Jiilu upon the. stand, and
Fvek n conviction or Mr. Uiirus t>y subjecting
their own witness toacross examination involv
ing an insinuation ag'iinsl his integrity. Gen
i llemen of the jury, some of you know George
Gale; you kiw him as ho sat in the witness
choir, and was subjected by those v. li" called
him, not 10 un examination in cuief, conducted
according to toe ordinary rules, but to a
CHMs-exauninatlnn filled with insinuations
ngaiiMt his integrity, r thought at the lime that
the purpose. of the prosecution was to put him
up us ii siruw man end knock him down aisln,
if possible, in order that they might find some
remote pretense npon which Cbey might seek to
iV-|ier*e the character of Mr. Burns. The phi
losophy upon which t.'iis examination wus con
ducted must have been that Gale was hi*
brother-in-law. I protested against this method;
I because it wns unfair, anil, 1 may say. uniligni
jflcd, Solar as his f*ruily history is concerned,
! i Mould he-proud if it could be written hi words
that might bo understood l>y nil, for Mr. Bums
ii not ashamed of his ancestry. He was born of
noble blood, and ben, .i |>ofir orphan boy in
the town of Woodland, he was laboring to ruls"
li:mself to the eminence which lie subsequently
attained, no man could justly point the finger of
scorn at him; no man has ever yet been able to
joint to mi act in his life of which an honest
man would be ashamed. In his aspirations to
otnee he rapidly ascended the ladder of public
approbation: be attained a popularity, a dis
tinction which would be an honor to a boy who
bad been born with a golden .-;■ ion in his
mouth and yet, like all self-made men, he did
it by
HIS OWN f.VAII'ED EXERTIONS.
George Gale, of whom I have spoken, Is his
relative by marriage. Some of you know him.
Clarence Nelson and Mr. Manger of this jury
are acquainted with him, and the young men
generally ot this State know him. A (ranker
man than George Gale never walked upon the
top of God's green footstool: a more honorable
i man never breathed the breath of life. it ii
were necessary, in order that Mr. Burns' liberty
or life might be saved. I believe, as I stand in
the presence of my God, th.it Mr. Gale would
refuse to tell a falsehood to save him. And yet
he has been placed upon this stand by the
prosecution, and while here in obedience to the
process of this Court* as a witcc.-s for the peo
ple, he has been placed upon trial, by what I
may justly term this wicKed and vindictive
prosecution. Ho has been persecuted in the
pri sei of this jury, and it has been sought un
successfully to impeach him. in the hope that
such course might injure the cause of the de
fendant. I un not commenting upon the actions
of the Court or upon its rulings. I am here criti
cising- the attempt tbnt has '>«in made to asperse
the character of an honest man, and I assert
Unit such attempt was Dot made because the
?
prosecution desired to convict him of immoral
ity. He was not ou trial before this jury. The ;
attempt was made for the purpose of getting an
old woman's insinuations into the record of this
case, in order that this drowning ■; prosecution
might find something to hang to while it was
ineffectually seeking to keep its head above the
sea of troubles which it had constructed for :
. itself. George Gale corroborates the statements
|of Mr. Bums. Harry Gamble corroborates tHe .
statements of Mr. Burns. Fred. Dantorth cor- ,
1 roborates the statements of Mr. Burns. Every '
I disinterested witness who has appeared upon
the stand in this trial corroborates the state- :
rnentsof Mr. Burns. "And here, lost I may for- .
get to refer to it, I desire to call the attention of i
this jury to the appearance of my client while
upon the stand. Charged as he is with an infa
mous felony, he has
STOOD THE TEST OF CROSS-EXAMINATION
By learned counsel, but it was a cross-examina- •
tion which did not in any manner shake the
credibility of the witness, which brought forth i
from him no contradiction, which demonstrated, |
from the very moment it began, that frankness ;
which is so "utterly and absolutely in conflict •
with the idea of a criminal mind ; and in this i
respect, permit me to say .to you, gentlemen of j
the jury, that there never was an instance in
the history of the criminal law, when an indi
vidual, who had been guilty of the commission
of a crime, would not undertake to conceal it.
There never has been found an instance in the
history of criminal law, when a thief, being
placed upon the stand, would not lie about it.
There never has been an instance of absolute
frankness in the statement of the facts in a case
where, within the breast of the person upon [
trial, there lurkedaconnclousnegßof criminality; •
and wherever you rind a man, who has been
guilty of crime; wherever you find an individ- |
ual who has been guilty of stealing, you can
just place your everlasting confidence in the
proposition that when he is placed upon the
stand he will lie about it, and he cannot help
himself. But v. hen Mr. Burns, standing here, I ,
may Bay, in the presence of the whole people of |
the entire coast, was brought here to speak— to
speak through the telegraphic wires to •■'.■ in
Francisco, to Nevada, to San Diego, and to the
East— though he recognized the fact that he was
the chief actor in a trial which was, perhaps,
the most notorious that has ever ncen known in
the Slate, his counsel found it unnecessary to
examine him by question and answer.
Ho was placed upon the stand in con
fidence, because we believed in the old
Baying that '•Truth crushed to earth will rise
again?' and we recognized in our case
a monument of truth which neither the inge
nuity of counsel nor the testimony 01 lying
witnesses could ever tear clown ; and hence
when I put him upon the stand and said to
him, " Dan, tell this jury what the facts in this
case are," when I asked that in this manner
the statement should be made, 1 was met by a
nood of objections, which were intended, I be
lieve, to prevent me from being able.to demon
strate the justice of my cause, by showing my
confidence in my client and in the truth which
lie would utter upon the witness stand, But,
under the ruling of this Court, Mr. Burns was
permitted to proceed. lie proceeded for nearly
one hour and a half, and such a story as he told
to this jury I believe has never been
related by any other man upon the wit
ness stand. In the rear of the Courtroom
the atmosphere seemed filled with the unex
pressed opinion of the people who were listen
ing, that Dan was not a criminal, but was telling
the truth. lie detailed to this jury a statement
of fact which absolutely '
BROCGBT TEAKS TO MY EYES,
A statement which showed a young man in a
condition which was deplorable indeed. Why.
gentlemen of the jury, the facts as he stated
them were enough to have produced insanity in
an ordinary man. He has Buffered a hell on
earth. In the extreme confidence of a frank
and open heart, he brought Into his employ
Thos. 11. Reynolds, of San Francisco. Thus. 11.
Reynolds is' not an enemy of mine; and God
knows that unless it became necessary in the
conflict of interests Involved in this suit, I never
would raise my voice to say one word
against his character, hut he has appeared
upo.-i this stand as the prosecutor of Mr. Barns ;
and in the testimony which was given by Mr.
Burns is to be found the name of this indi
vidual, who had compassed his political and
almost his social ruin. I say in his confidence,
he placed the affairs of his office in the hands of
Mr. Reynolds for their conduct, believing in the
honesty of his deputy. During this time upon
his own shoulders rested the dutiesol u member
of the Board of Examiners. Upon him rested,
in addition to that, the duty of State Capitol
Commissioner, involving the entire manage
ment and control of the building mid
of the furniture; upon him also devolved
the persona] superintendency of the Capitol
grounds, the management of all the clerks in
bis office, involving Immense amounts brought
into the treasury, all of which niii-i be super
vised by himself.
It li not strange that under these circum
stances, understanding the duties of his office,
he called to his aid a man in whom he had con
fidence, and said: "In your hand« I place the
treasury of this office. I give you the charge of
the books of this office, and 1 propose to allow
you to manage this part of my department."
Into the hands of his brother-in-law, Mr. dale
he placed a clerkship, and into the hands of
Harry (-'amble another; into the hands of Mr.
Craft he put the Janitorship; and these things,
altogether, imposed upon him an Immense
amount of duty. In the Board of Examiners
hundreds of thousands of dollars of small bills
came in each week from the Jnsaiie Asy
lum, from both the State Prisons, from
the Harbor Commissioners, from all persona
contracting with the State, and un Investiga
tion of these affairs was i.\ bsary, because the
Governor and the Secretary of State, as a mat
ter of public history, must perform most of the
duties of that Board, because the Attorney-
General has all he can do in attending to the
ordinary duties of his office. The result of this
was that Mr. Reynolds had the entire manage
ment of the money and the fee and cash books.
Now, gentlemen of the jury. I call your atten
tion to this, in view of the public history of this
State. The rising star of Mr. Burns' political
future was visible to even- man in California
when this calamity befel him. Hi- position
socially stood as well as that of nny Individual :
but when at the expiration of a little over two
years ot his official term, in the examination of
the books of his office, brought on by the sug
gestion <<■ Mr. Pond, who now sit.- in .this audi
ence and in the presence of this jury. In- found
himself
I.EFHIENT FIVE TIIorSANi) DOLLARS
And more on account of money which had Ik-cm
taken M bis Deputy, he went to Mr. Reynolds
and called bis attention to it. And here, gentle
men of the jury, you reach the best part of Mr.
Barns' character. General Carey asked him,
" Dili you continue to have confidence in Mr.
Reynolds after you discovered this?" and be
fore this question was asked Mr. Burns had an
swered It. He said, "1 didn't blame him as
much as I should have, perhaps, because he
came and told me that he took that money tor
the purpose of relieving a friend from immedi
ate danger." The generosity of his heal would
not induce him to castigate his Dci>uty,who bad
committed >>'■'■ illegal act, but had ■lone ii for the
purposes of charity.
We rein ■'< ber perhaps the finest sentiment in
the English language in " Uncle Toby," where
he said. In speaking of the poor wounded -..!
dier: and in the generosity of l:: heart, "lie
shall not die, by God." and it was written
that " the accusing spirit which flew
up to heaven's chancery with the oath, blushed
ii- he gave it In: and the recording ungel as he
wrote it down, dropped a tear upon the word
and blotted it out forever." It was sin against
law; it was a violation of one of God's command
ments; but it was determined that the cord of
that sin should not stand against one whoso
transgression was an act of charity. Ami i s.ity
that the noblest, the best and the lineal senti
ment thai has been or can be ■ ■.;■.■ - ■'.
in this case, v...- the sentiment or
Mr. Hums when he said that he didn't
blame him as much as he ought to have done,
because he believed that he bad done it for a
friend. Sow, gentlemen of the jury, what is
the history connected with the discovery of this
fact 7 Nothing wa« said excepting a demand
that the money be paid back into the treasury.
Thomas Reynolds was permitted to remain in
the employ of the Secretary of State for several
months, but it was found that he would not pay
it back. He was requested and re-requested to
pay it in ; finally in the month of July, 1882, 1).
H. Barns went to him, no: like -.■. criminal; but
like a man who was feeling the wrong perpe
trated upon him by one whom he had trusted,
•m.l said to him, '".Sir, 1 must demand your re
signation."' I ask you, gentlemen of the jury,
from
T.W. STANDPOINT 01 COMMON" SENSE,
Is it possible, if Dan. Burns had been guilty
of . iminalitv with Mr. Reynolds, thai bewou -1
have compelled him to resign? Would he have
wounded the individual who was acquainted
with big own crime? If I had been the person
who had been associated with another in the
commission of a criminal act, is it possible that
I would have the bravery to wound the feelings
of the very individual who knew of my crimi
nality ? If It were true, as sated here by Mr.
Reynold^ thai Mr. Burns himself had done
these things, Mr. Bums knew who his deputy
was. If Mr. Burns had gone to him
and checked off the amounts as Key
nolds Bays lie did; if Burns bad bean
Stealing by tags, and leaving them in the safe
under the personal and immediate observation
of Mr. ■■■:-. would he have dared to dis
charge him? Unquestionably no; because
ItbTii the hands of Thomas 11. Reynolds would
have rested the immediate &ite of I>. M. Burn«;
and he being the individual who knew of the
act, Bums would have been the last pen "ii
earth to incur his enmity. But yet Ii is an in
disputable fact in this case that he was dis
charged.
It is true that Mr. Reynolds denies the met,
but Craft contradicts him. It is true that Mr.
Reynolds denies the fket, but Gale contradicts
him ; mid he stands here to day contradicted
upon this most material of nil facts by every
person who was acquainted with the affairs of
this office excepting himself, ollowing upon
this iras the discovery made by Hurry Gamble,
who Informed Mr. Gale that he had discovered
an article of incorporation which was not en
tered upon the dish book. Mr. dale went to Mr.
Burns iiini informed him of the same fact. Mr.
Burns states tills ; Mr. Gamble states this; Mr.
• iii'.e Mutes this. Now hen. after the discovery
of this fact, it is snid by Hurry Gamble that lie
immediately noticed that Burns was investigat
ing nil books. He showed a turbulence of spirt;
he showed that he was laboring under excite
ment; and as he dug down into those
books, imagine his sentiments;. What must
have been his rejections, occupying his
position in life, as he dug into those books,
pulling out irruption alter corruption, defalca
tion after defalcation, embezzlement after em
bezzlement, until he had builded around about
hlmscll such a wall of deficiencies that it was
impossible for him ever to overcome it.
WHAT WOULD YOU HAVK DONE?
What would any young man have done? Would
you have immediately proceeded to disgrace
yourself? or would you have endeavored in
some manner to raise the money with which to
meet the deficiencies? Now, the consideration
at this time ■ wax not merely the position or con
dition or future of Mr. Barns. .Men had been
kind to him in life. Men had gone upon bis
bonds, and become security for his official con
duct. His friends were involved, and the ruin- J
ation which was brought upon him by the con
duct, the ingratitude and the Infidelity of this
man Reynolds was to be carried beyond him to he
friends who had come to his aid when he was
seeking to lur'her his awn political aspirations.
I tell you. gentlemen of tt>e jury, there was
another generous act. We have heard of men,
who, in the past, and In devotion to their
religion, have sacrificed their ■ offspring
to the gods. We have read of men
who are willing to sacrifice ■' themselves
in the interest of principle and of friends;
and I believe at this time my client in this case
Ttrr^hninfttiiniiistHffl^^tiTtWßßin'in^rM *- ..,>:,■#•■. . * - .■->.• . ,
Daniel Burns.with a wealth of purity about him, .
when he could look into the sunlight and sec j
his friends and meet them as an honest man, j
would have consented to have carried himself
to the grave, or to have permitted his own future [
to be blotted out fort ver rather than sacrifice ;
| the friends that had come to him when he was ,
■ asking for succor: when he was asking them to ■
become security for his official conduct. It would i
' almost have been ingratitude, if Mr. Burns, my ■
' client in this case, had permitted himself, with- 1
; out any effort whatever to save his bondsmen, f
j to have become the subject of a prosecution, ;
j which would have resulted iv their ruin and ;
! bankruptcy; and with these things staring him !
j in the face, God Almighty only knows what ;
j were the sentiments that passed through his j
own breast. God Almighty only could see
the conduct of that man, with bis conflicts of i
intellect and of sentiment and of purpose. But t
j it stands out in this case that Dan Burns upon I
i that occasion resolved to endeavor in some
manner to
GET THIS MONET AND PAY IT OVEK.
! But would not sacrifice those who had been his j
! friends in the past. Then he wrote a letter to i
| Thomas H. Reynolds, which brought him here. I
j This is a fact in this case which cannot be j
! denied. It is true, gentlemen of the jury, that I
j Mr. Reynolds, in his testimony, sought to deny I
the fact; but when 1 asked him whether he sent I
! a telegram, he was raid that 1 had that tele
gram; and he admitted that, after his discharge
by Mr. Burns, it would not have been strange if
he telegraphed Burns that he was coming here,
because that was his usual habit. Now, who ;
believes that? It is absolute nonsense, and it was
I ridiculous for him to say anything of the kind, i
! and, in my judgment, must have brought the i
j blush to his own cheek when he stopped to j
calmly consider this testimony which he bad .
given for the purpose of stabbing in the back
his own benefactor, the man who had once i
sought to make him what he is Dot. When he '
was seeking to deny this fact he was. it seems ;
to me. placing himself in a position where the i
facts in the case which will Inevitably come to ;
light, will bring the everlasting arm of retribu
tive justice down upon his devoted head, when j
the time shall come for his trial for the offenses I
for which he is indicted. But he did »ay that
he might have sent that telegram. ■
Now, it is with circumstances that I wish to
deal : it is not with the words of men ; it is not
with those things which are sometimes said and
misunderstood, because in the receipt and trans
mission ot thought from mind to mind inaccu
racy Of expression sometimes gives it false color,
aud the receipt of ideas as the result of expression
sometimes makes false impressions; but it is the
bold, strong, everlasting circumstances of the
case that 1 .-hall deal with. I ask you now to '
look with me for a moment to '.His circumstance
of the telegram. There is not a man upon this
jury who believes that Reynolds came
to " this town . that night, and to-day
docs not remember what he came for.
He said he did not. There is not a man
upon this jury who believes that Reynolds
did not know that he had sent that telegram
But he denied it at first, or would not admit it
squarely: and there is not a man on this jury
tnat docs not know that telegram was fent to
Mr. Burns cause there was to be a meeting be
tween Mr. Burns and Mr. Reynolds And what
was that meeting" Who appointed that meet
ing? Bow did Mr. Burns understand the Im
port and the reason of that telegram? lie un
derstood it because, as he has said to us here,
he had written
A rEKBMITOKY DEMAND
For Mr, Reynolds to come here and to explain
the deficiencies in his account. That is unques
tionably true. Mr. Gale tells you that Mr. Bums
was looking for him on that business. Mr. lian
forth tells you the name, and there is no one
who knows Danforth who would lor a moment
doubt his veracity or his Integrity. Mr. Rey
nolds came here because of something,
and Mr. Burns was expecting to con
front him with those books, and he did it.
He did it when Reynolds came into the office
on that evening, aud the result of the conflict
which occurred there lias been partially, if not
wholly, detailed here upon the stand. Mr.
Burns demanded of him an explanation; he
then opened these books to the places where
the erasures were : places where he could show
defalcations, and he did it because Mr. Reynolds,
while in the city of San Francisco, had pre
viously informed him that these books were all
right. ' Sow. gentlemen of the jury, these fact!
are prominent : That Mr. Burns was then
seeking to gel some justice from this
man: that after the discovery of the numerous
defalcations, evidenced by the books kept by
his denmy; that alter toilsome days and wake
ful niglfls. In which lit dreamed of his future
darkened by the lowering clouds that had Itch
spread above him by one who should have been
his friend; after the prostration which bad re
sulted in a long season of sickness, produced by
the mental excitement following the discovery
of the treachery of Thomas 11. Reynolds, Bun -
'ii.i write to him a peremptory demand for an
immediate explanation, and commanding his
presence at the office of the Secretary of state.
I would not criticise the conduct of Mr. Key
nolds as Ido were it not for the feet th.it it
seems that the practical ruin of Mr. Burns, by
the creation of the deficiencies of which I have
spoken, was not sufficient to satisfy him. There
ore some things in this case so really revolting
to human nature, so wholly antagonistic to ev
erything human and divine, so absolutely in
conformity with what I should think to be the
rules of bell ami the enactments of the devil,
that it is Impossible for me to describe to this
jury how I shrank from contact with the senti
ments which must have moved the person that
gave them an existence as I listened to the hor
rible details of the evidence which proved them
IF THE ship WILL OX] -i.m;.
. It is a conceded fact in this case that Mr.
Burns went to Honolulu, and that upon learn
ing of his departure for that place, the man who
is convicted by he evidence in this case of hav
ing accomplished his ruin, the man who has
been shown to have been the defaulter in his
office, the man who, according to Ins own tes i
luony, received to him , the money which the
State tost, and wlio left Mr. Burns in a condition
of bankruptcy and temporary disgrace, in the
presence of Harry Gamble, said: "If the ship
that carries him will only sink to the bottom of
the sea lam saved." What a sentiment I Hell
and the devils themselves could not produce
■ one more outrageous and more villainous, and
on earth there is but cant soil for the growth of
such products. Dan Bums bad been his bene
factor, and at the first opportunity Reynolds
stabbed him In the back : and when he had
succeeded in ruining his friend i.i the eyes of
the people of the .State, he was not satisfied, but
prayed for his death, in order that he might
blacken the memory of the man who had
placed it within his power to commit the a< is of
lawlessness with which my client now stands
charged, by attributing to Burns that criminal
ity which was bis own. Had the ship gone
down and the body of my client been recovered,
his wife alone, and unaided by anybody,
stricken with grief and sorrow, would have
strewn Bowers over a dishonored grave, and
upon the memory of the dead would have rested
the disgrace which should have been properly
borne by the living, unless by some unforseen
circumstance the truth should have been
brought to the light of day. Gentlemen of the
jury, the sentiment Involved in this wish is ab
solutely revolting; a desire more horrible or
outrageous never was written In romance or
history.
But it seems that up to this time enough had
not been done by this recreant deputy to satisfy
his cravings. 1 speak of these matters because
upon the evidence of this man depends the pos
sible convict! in of my client. The ship did not
rink, and my client sits here to-day in the pre
sence of the people, boldly facing the charges
that have been made against him. and bravely
tailing to this jury and to his former constitu
ency all of the facts out of which this con
spiracy against him arose. The ship that car
ries him th rough this trial will never sink as
1. (in.- as justice may prevail, and the laws may
be properly administered. But the evidence of
the defense. Incontestable in its evident truth,
shall carry us smoothly over the troubles which
have been conceived for the destruction of my
client, and shall stand as a monument for bis
protection, forever threatening the liberty of the
.mini who now seeks his ruin. Now. upon this
witness stand, comet this same Reynolds to
make the lust attempt. He has mode himself a
witness, and you have observed him while testi
fying. The ti"r>t impulse of on ordinarily gener
ous man in his situation would have been to
refuse to testily, and it. in order to avoid testify
ing, it became necessary, to go ti> jail; but in
stead of pursuing such 8 course he made a flimsy
objection, and then backed down upon the first
Instruction of this Court. He made no stubborn.
determined resistance, but he did make a slight,
rag-like, Umber-backed objection, which he im
mediately abandoned, and then proceeded to
testify against his former principal. His testi
mony, as I propose to show, is untrue. I pro
pose to demonstrate that his testimony was
fabricated for the purpose of saddling upon Mr.
Burns a punishment which he himself justly
deserves, and that the little book which he has
produced before this jury was the result of one
ot those
NICELY LAID PLANE OF 3IES"
Which are frequently intercepted. [He testified
that the cash book of that office was a new one.
I have submitted th-t book t:> the examination
of this jury : it is older, upon Its face, than the
fee book, an i as the liino rolled by when these
defalcations were being made, I Imagine that I
can see the dirt which has accumulated upon
that cash book nibbed from the. bands of
Thomas 11. Reynolds. The fee and cash books
were in his exclusive charge, and In order that
be may be cleared by the conviction if hi prin
cipal, and by the verdict of twelve moil that
Burns was the fellow who did the stealing, he
seeks to establish that he made a new ca-h book
in pursuance of Inst rn< ii- us. Ny, gentlemen
of the jury, the little book mentioned by Rey
nolds, and from which lie snys he made the
copy, was not the cash book of that office ; it
a mere private memorandum book kept by
him. It was under his Immediate control. It
was never seen by Mr. Burns. It waa never ex
amined by a clerk I:, that office. li was con
-1 stoutly under the we of ReyriDlds, when it was
not under lock and key. No person connected
with thai office has ever seen it since the time
that Reynolds left: it has disappeared. and in
my judgment i: is in his hands to-day. 1I«* says
that in order to m ike I ><> new cash book, Burns
checked off the Items to be entered for the sev
eral months and he entered only those that hud
been checked, lie described the manner in I
which that checking was done. He said that
Burns drew a line through the Items that !
were to be entered, and testified that
no further Instructions were given. When
hi< attention was called to the fact
thHt the Items received In . September, for in
stance, were entered in the cash book as fees re
ceived several months later, he was unable to I
explain how or by whose directions the books I
were kept in that manner. Hi*, explanation of j
the manner of keeping those books was abso
lutely unsatisfactory. The fact is that he kept
that fee. book himself, and made the entries ac
cording to his own directions. The fact is that
Mr. Burns never directed the manner of keep
ing those books, and the book itself is sufficient
evidence upon this proposition. He also pro
duced while upon the stand what he called a
little tag hook. I call the attention of the jury
to the fact that that book iscntlrely new. There
is no evidence connected with that little book
which would Induce one to believe that it had ;
been used for any considerable length of time, j
Upon the edges the red coloring remains un
f affected by atmospheric or other Influences. * It j
is perfectly clean, and it appears to me as if it
had been
wmTTEN PIT A FEW. WEEKS aGO
And then carefully stowed away. On the in
side of that book is written in lead, memoranda
which purport to be of items of tags deposited
in the sale by Mr. Burns during the time of Mr.
Reynolds' deputyship. This book he pretends
to havo kept since the early part ot the year
IS-J). If bis testimony stood alone upon this
question, the physical circumstances surround
ing the transaction would refute hi* testimony.
■■„-'%«= ■•- •:.-■-• ■..-»■--,.■■ ■ . ■■:■ .-•■•■-■ :.-.-■ ■■-"- ■•»
That which is Written in pencil will inevitably .-'
show its age. Writing in lead will become .
blurred as the leaves rub together, and this is
true from the very nature of the material itself.
Mr. Reynolds, however, while upon the stand,
seeks to explain the appearance of this book by ;
saying that he had it in his pocket but once or
twice, and that he then had it protected by an 1
envelope. if it had been in an : envelope the :
movement of the arm would have produced ;
such friction of the ■ leaves as to have blurred i
the writing. : But he says he kept it mostly in a ]
safe. I do • not remember that he was kind i
enough to tell us in what safe he kept it, except •
for one year, when he says it was in the safe 01
General Clunie; nor was the prosecution kind ,
enough to bring General Clunie here to explain
the matter. General Clunie might have boon a I
potent witness for that side of the case. I would ;
not be astonished, however, if some such book
had existed for more than a year, because from I
the very day upon which he became a deputy, j
Reynolds tells us that, with characteristic fidel
ity to his principal, he applied himself to the |
task of making evidence with which to defend
i himself at the expense of Burns; and it was in |
this work. I understand, that Mr. Reynolds j
claims that he made the tag-book.
j Now, if. the testimony of Reynolds upon this !
'• subject stood alone, I am satisfied that this jury j
would not believe him. But. unfortunately for j
the prosecution, Mr Reynolds brought with him
his partner, Alexander Badlnm, of San Francis
co, who sought to add the weight of his veracity
to the story about the tag book. This testimony j
was intended to Injure Burns' cause. It was not j
intended to benefit Reynolds, unless, as we be- j
lieve, he was indirectly interested in the final
result of this trial. Mr. Biidlam testified that he
j hail fr. queiitly seen this little book; that Mr. j
j Reynolds took it from his pocket and showed it
to him nearly every lime they met. This is the
testimony of the witness which the prosecution
was so anxious to place upon the stand: and 1
thank the Lord that he was brought here, be
cause he demonstr t<s that Reynolds' testimony
up.™ this subject was untrue. I asked this wit
ness whether or not it was a fact that this little
book was in his safe for a number of years. This
was a catch question, I acknowledge, and Mr.
Badlam answered in the negative. I then asked
him whether or not Mr. Reynolds was mistaken
if he said the book had been left in his safe. His
answer, in effect, was, ■• Well, if he put it in my
safe, it was in an envelope." I submit to the
jury that he selected a very smooth way of
GETTING OLT OK A TIGHT FLACE.
But the book was not in an envelope at those
times described by the witness when it was
taken from Reynolds' pocket and exhibited. It
is proper for "us here to speculate upon the
reasons whicn induced Mr. Reynolds, dm ing the
i five years last past, whenever he met Mr. Sad
| lam, to lake him off in some secret place and call
I his attention to this little book. He was then
under the pay of Mr. Burns. Why did he desire
to traduce the character of his benefactor? Is
it not the silliest of nonsense to say that a man
who was keeping such a book for an honest pur
pose, when no controversy was iv progress,
would bo constantly seeking somebody for the
purpose of exhibiting it, and thus making evi
dence where there was no Issue on trial or to be
tried ? If the statement of Alex. Badlam is true,
Thomas H. Reynolds knew at the time that
what that book contained was false, and he was
exhibiting it for the purpose of making a witness
of Badlam, in case of his arrest. He ms mak
ing evidence with which to defend h :mself for a
crime of which he was then aware. Ido not be
lieve, however, that Thomas H. Reynolds is a
man of sufficient foresight to have enabled him,
in 188 ft, to bee the approach of this conflict.
Mr. Reynolds would also have us believe from
his testimony that he baa never collected any of
A. L. Bancroft & Co.'s checks. The jury remem
bers that when I handed him one of those
checks upon the back of which his own in
dorsement appeared, he endeavored to explain
by saying thai be inns: have paid that money to
Mr. Burns. His testimony in relation to amounts
received froi,. General Bhanklln was equally
unsatisfactory, lie testified that he had never
received a;iy of those amounts; that such mon
eys were kept by Burns in his private office;
that if ho ever received any money from that
source he Immediately paid it to Danfortb,
Gale or Burns. 1 then produced and showed to
him in rapid succession ten receipts of his own
for amounts which hehadtestiucd he never had
received, and lie
SOUGHT TO AVOID THE RESPONSIBILITY
Thus brought to his own door by declaring
Again that if the money was paid to him be
must have given it to IHmforth, Gale or Burns.
This, gentlemen of the jury, is ole of
the prominent facts in this case, and
concerning It, it is evident that Mr. Reynolds'
testimony is untrue. With his receipts In my
hands, unknown to him, be first denied Unit
the money was paid to him. (Tpoathe produc
tion of those receipts, thus convicting him,
in the most charitable view that we
may take, of mistaking the fact, be ut
once admits his mistake and then Keeks to throw
tin; responsibility upon Mr. Burns by saying
that he paid it to Dan forth. Gale or hi principal.
He also testified that of the money received
from that source, none was ever paid to him by
the other clerks. Let us test the truth of this
evidence. Danforth testified that be collected
some of Unit money and handed it to Mr. Reyn
olds. Gale testified that be collected some
money from that source and gave it to Mr.
Reynolds: and from the time of the commence
ment of the term ol office of this defendant no
instance lias ever been found iv which anybody
ever knew or beard of anybody paying to Mr.
Burns any portion of the money collected from
the Surveyor icneral'a office. We have estab
lished that In an unbroken Hue these amounts
have been delivered to Mr. Reynolds irom day
to day, ami we have showi. by his own books
that tor months and months ail of the moneys
from that source, aggregating thousands upon
thousands of dollars, have not only been left
unreported by Mr. Reynolds, but have been
taken by somebody, and have never been paid
into the State Treasury. The»e moneys have
been traced Into the hands of Mr. Reynolds and
there lost.
The same may be said of the money paid in on
account oi commissions issued to Notaries Pub
lic. This I can best Illustrate by reference to
the pages of the Controller's report, which I
shall use as a diagram, and from which I propose
to demonstrate the difference in the aspect of
affairs during the time of Mr. Reynolds' deputy
ship and the time which succeeded his dismis
sal l.y Mr. Burns. [General Hart here took the
Cont ' oiler's report and directed the attention of
the jury to the pages showing the difference. 1
This column represents deficiencies. You will
observe that each one of the Items of 85, aggre
gating probably it thousand, has been omitted
irom the books: excepting one, all the balai ■
are deficiencies until July 29th, when Reynolds
was dismissed. Commencing then with the
month of July, IS.S2, alter the dismissal
of Reynolds, you find no deficiencies.
The change was sadden, abrupt. It draws the
line and gives color totiiu prosecution. The
change came hen Reynolds went out, when be
was driven away. During the month of August.
1882, every dollar that was received into the
hands of the Secretary of State was placed upon
the books of his office. That circumstance
shows the difference and demonstrates upon
whom the responsibility for these deficiencies
can properly be placed.
THE GIST-ITEM OF THE PROSECUTION.
Now, gentlemen of the jury, we have arrived
at that stage In the history of this case when it
is proper to consider the Immediate item out of
which this prosecution arose. The nature of
the defense, which we have marie in this case,
is such as that I believe every juryman under
stands it, As I have undertaken to show, you,
and as the evidence demonstrates, when my
client began to manage his office without the
assistance of Thomas 11. Reynolds, there were
deficiencies amounting to about S:o,(/00. At that
time Mr. Burns was surrounded by the circum
stances which I have tried to describe to you, and
I believe that he then fell all the emotions and
experienced all the conflicts which I have
named. I have made a table of all the figures,
showing the amounts that were received and
the amounts that were paid into the treasury,
from that time until '.he expiration of his term
of office. It has been the effort of the prosecu
tion to prove that the defendant has embezzled
and converted to his own use $18f>, the property
of the State; that said money has never been
paid Into the treasury. It would be a matter of
but slight concern whether that money was actu
ally paid into the treasury or paid on behalf of
tin" State for some useful p urpose. If. for In
stance, the money had been paid for ballet pa
per, the worst that could be aid of the transac
tion would be that it was v diversion of a public
fund from one account to another, or the taking
of SlB5 dollars out of one pocket of the State ami
putting it into the other.
It would neither constitute larceny nor em
bezzlement The receipts of Mr. Burns' office
after the dismissal of Mr. Reynolds were 5:1,071
lor fees, 83,071! for hall'.t paper, JS7S 25 for fees
not on the books. 8185 for California Reports,
amounting in all to 57,.V.r, 25. This embraces all
the receipts during the time named. The
amounts paid out by Mr. Burns on behalf of the
.State during the same time were as follows:
Amount paid into the treasury, 33,674; amount
paid for ballot paper, evidenced by a receipt
and check which have been introduced here,
i-1.'.C0, making a difference of amounts paid out
over and above amounts received from the Ist
day of August 1882, until the Bth day of Janu
ary, 1883, of SI.OSO 25. These facts are proven
by tbe evidence of the prosecution, and show
that, instead of embezzling money, my client
expended the remnant of his own fortune in
endeavoring to meet the deficiencies created by
his deputy. Let it be understood, therefore,
that my learned fi lends on the other side are
seriously proporing to send Mr. Burns to the
State Prison because, having received 57,513 25
of the State's money, he has been generous
enough to pay out SB,SSM in her behalf. These
are the (acts us the evidence establishes them.
THE MOST THAT MAY BE SAID
Concerning the affairs of this office is that Mr.
Burns did not pay the particular amount
charged Into the exact fund into which it ought
to have been paid under the law. As I have
said before, he took it out of one pocket ot the
Btatoaud put ii into the other pocket of the
State, .;;•'. used his own private fortune to make
it reach the lull amount of a contract into which
he had entered as an officer. With these cir
cunistances surrounding us, we stand before this
Jury ch.:r^ed with having embezzled $185. In
God's name where do the teamed attorneys who
represent the people In this iii.-c find the basis
of this charge? Where do they find the funds
which defendant converted to bis own use"
They find them in that place in which has been
found most of the evidence upon which it is
sought to convict the defendant. They find
them in the enlarged imagination of the ene
mies of Mr. Burns. They do not find them in
the figures and the facts. In a most pathetic
manner my client has di scribed to this jury
why some of the fees were not entered upon
the books. Amounts were kept off the bonks
because there was a contract to be fulfilled.
That contract had been made before Mr. Rey
nolds' dismissal, and it was necessary for Mr. [
Barns to meet that contract by some means in \
his hands. An effor. to get the money necessary j
to meet that contract from the treasury, upon a !
warrant, would have resulted in a disclosure of I
the deficiencies created by Mr. Reynolds, and [
would have rendered it absolutely impossible
for the defendant, in the future, to have made
any effort to save his bondsmen from prosecu
lion and bankruptcy. Individuals would have
at once attempted what has been done in this
case : they would have instituted an unrelent
ing pursuit of Mr. Burns and his bondsmen. j
He would have been thrown under a cloud of j
disgrace. ilo would have had the scorn of tho
people upon him, until an opportunity was
afforded him, in a Com! room, to clear up the
man- rand let a little sunlight in, so that the
real facts of the case might be seen. - An action
on behalf of the State would have been insti- j
tuted against his bondsmen (■•t the recovery of I
the amount of Reynolds' deficiencies. As it is,
these things have not been precipitated upon
him; and I unhesitatingly assert that his con
duct in this - respect was ; not criminal. • His
' . .■ • . -■ ■■;■-.._ -_-'. ■ . ■-■ t
effort, made in this manner, to save his bonds
. men from bankruptcy, docs not amount to the
embezzlement of State funds: it was not crimi
nal : it \va:~ not even immoral. His was an act
of fidelity, loyalty and generosity. He lived in •
the hope tbat fortune might smile upon him,
and that before the discovery of the infidelity of
! his deputy by the people at large, he might be
[ able to refund the money to th« State, and thus
; himself become the only sufferer.
j : SOME CHARACTER COMPARISON*.
j As a last resort, they hare sought to impeach
! the testimony of the defendant. Why should |
j they desire to impeach his testimony ? Has he
! concealed any fact from this jury" What do
j they desire to prove? Is it the wish of Uieprose- !
j cution in this ease to attempt to establish that
. there existed an intent to embezzle, and by
I that means procure a conviction, when, iv fact,
i the money has all been paid Into the State
Treasury Or do they desire to disgrace him
• before this jury, and thin to convict him of the
j intent to do thai which has not been done? I
Gentlemen of the jury, Ithauk God that I am
I able to stand in your presence, and say to you
■ that the defendant is not impeached". I "am
willing to place the character of Mr. Burns in
! the balance with that of John P. Dunn. 1 wish
j that their characters might be photographed in
order that you might see them in all their varied
! colors. I am anxious that the people of this
j country should make the comparison. 1 am
i equally willing that the character of Air. Burns
I shall be compared with that of J. .1. O'Con
nor, the "fresh" young gentlemen who mude
; his appearance upon the witness-stand tins
; morning, and, by his characteristic Impudence,
! succeeded in bringing a contemptuous smile
j from all who heard him. One thing is certain,
Dan Burns has never been guilty of haranguing
the sand lots of Can Ftanclsco, and no n:an can
charge him with being the direct product of
Kearnyism. Three years ago my client was
one ol the first citizens of California, and I ven
ture to say that if, during his Incumbency In the
office of Secretary of State, he bad instituted an
Investigation of State officers, it would not nave
been partisan. If, during M.-, official career,
there had been any Republicans who wore de
ficient In their accounts, he never would have
j jumped over them, winking at their malfeasance,
and have investigated Democrats alone. lam
satisfied, also, that his principles would not
have permitted him to issue that pamphlet [Re
ferring to Dunn's report] jus', before a Pros!
dential or Gubernatorial election, and to send it
out broadcast over the land, in order to bring
political prominence to himself and success
to the party to which he belongs. At one time in
the history of this State the name of Daniel Bums
was published in the leading papers as d promi
nent candidate for Governor of California, a
compliment worthy of any m.i.i of his age. To
day, it is whispered, that the eye of the Con
troller has been cast upon the gubernatorial
chair, boras will occupy that position in ad
vance of John P. Dunn. In the comparison of
their characters and the weight of their testi
mony I only ask that you shall take into con
sideration the testimony which they have given
upon this trial, and their manner and appear
ance while upon the stand as witnesses, if we
are to take the word of Mr. Dunn, he Isa man
of Infallible perception and recollection. With
his great perceptive power he can grasp the
finest shades of thought, however awkwardly
expressed, and retain a recollection of the min
utest details and words of a conversation for
years at a time; he cannot be mistaken. His
testimony >'■;> in this subject was simply absurd,
and 1 presume that he was the only person in
the audience who believed in the full measure
of his powers a.s he described them. 1 have
Bald many things here to-day that may be the
subject ol misconstruction. It has not been my
purpose to say anything which is not
BORNE ovt BY the TctTir,
And yet I doubt not that many things which 1
have" said will be misconstrued. 1 did not in
tendto -ay anything which the evidence in this
case will "not warrant, but perhaps within this
Court-room there are those who have misunder
stood my language. This is because the use of
language is so imperfect in all men that in at
tempting to express the shades of thought tbat
exist within the mind, perfect accuracy is Im
possible We often hear it said that men are
tine speakers. This Is because they are able to
approach accuracy in ii -- expression of their
own thought*, in delineating the sentiments
within themselves, in drawing correct pictures
of that which is photographed upon the mind.
The very fact of Imperfection in the ex
pression of thought and In the use of language
ought to mukeauy reasonable man pause before
he asmmes to repeat with exactness what some
other man has said, This same Imperfection ex
ists in the reception of thought, and in all cases
the Impressions upon the mind will be modified
by the inclination of the person addressed.
On the day when this man Dunn, with
all his autocratic dow<t, commanded Mr. Bums
to cone at his bidding and submit himself to a
cross-i-xaminnlion, his mind was directed to the
pursuit of evidence against the defendant. He
possesses one of those minds which constantly
and suspiciously ferrets o':t the conduct of oth
ers. His official conduct hits demonstrated that
he is Reeking the downfall of every man against
whom be can linil ■ mistake with which to
blacken bis character. He delves beneath the
surface of the earth and looks far up towards
the sky for something with which be may dis
grace some officer and make some p>>or woman
unhappy. Whether his object!) arc venal or not.
it is evident lhnt Mr. Dunn is constantly prying
Into things, and that he baa organized the State
Controller*)) office into a high-toned detective
force. With such a mind, and with n desire for
th . conviction of Mr. Burns, only equaled by his
wi>h for his own official distinction; with a
mind such as would permit him to write thelan
guage to which his attention was called to-day,
i: Is not at all astonishing that every word which
Mr. Hums uttered upon that occasion was pus
picioutly received and distorted into some ugly
confession. II ■ was suspiciously watching each
word uttered by Mr. Burns, hoping thai la some
inflection of the voice there might be found
something which would enable him '.>> make a
little political capital for himself and the Demo
cratic party: and he did this with all that friend
ship of which he spoke while a witness upon
tbn stand. That friendship, however, was ex
pressed in the following consoling language
found in his political pamphlet. issued by him
as State Controller, and printed at the expense
of the State: '• In the Interest of public justice,
ii- a safeguard to thy treasury, and as a warning
to all others who might have an inclination to
follow in their footsteps, it Is proper that the
garb of a felon should be fitted to the back oi
each one of these thi ve< who participated in
this robbery-" When this language had been
written I presume that the learned Controller
s:it hock in his easy chair, and with an easier con
science proceeded £•> speculate upon his own
future --'re:: 1 :! - 1 -. No doubt ho thought the Court
bad passed Its judgment, the decree of the Con
troller's office ! id me forth and Mr. Burns was
fast on his road to the State Prison. All this.
however, he did in the kindliest ol feeling: he
was only sacrificing a friend to public justice.
( .VI STIC RSFLCCTIOKS.
Now, gentleman, of the jury, permit me to
say. that it was no part of the duty of the Con
troller to write thai report It was no part of his
duty to determine thi; uilt nr Innocence of Mr.
Reynolds or Mr. Burn . But it Is a laments ■
fact that, It is soraeli;i • .; port of the history of
public men that they will resort to this sort of
buncombe and political claptrap, in the hope
that it may assist them, while the) hang to the
coat-tails of Her men than they are to climb
up the ladder of official distinction. With such
sentiments in his mind, the Controller remem
bers distinctly and positively what Mr. Burns
said : and when Mr. Burns stifled that on the
occasion mentioned he said, " This paralyzes me
— I did not know of '/,.'.■• deficiency,'! the Con
troller contradicted him, and testified that Mr.
Burns be did .sot know of any deficiency.
it is evident to this jury h wha subject the
mind of Mr. Burns was then directed. He had
diccovered gome of the deficiencies. He was not
concealing them. In what would his mind
naturally turn when letters were brought to him
which disclosed deficiencies not known to him
before? He had been Importuning his friends
to aid him in this difficulty. He went to the
Controller's office, and when they produced to
him other deficiencies, he said:" "Gentlemen,
this paralyzes me— l did not know of this de
ficiency before."
Win he meant by this expression he himself
knows, and Mr. Dunn docs not. And upon tills
stand, with that some open frankness which is
characteristic not only or his testimony but of
his defense, he stated this language and all the
circumstances connected with its utterance. He
bad expected :ip to that time that he would be
able to induce his friends to raise the
518,000 deficiency which be bad already dis
covered ; but v. lien it was brought to hi- atten
tion by the Controller that the deficiencies
had reached on amount far beyond that which
he could hope to meet, it was most natural that
he should give utterance to the expression
which he has stated to this jury. He saw his
ruin staring him in the lace, and' he could find
noplace upon which to hang a hope that he
would ever be able to replace the money em
braced in the deficiencies thus created by the
infidelity of his deputy. Mr. O'Connor, also,
comes here to tell us what was said. He remem
bers exactly what Mr. Bums said on that occa
sion. But a full test he was unable to re
member the language of my last question. I
j was not on trial, Mr. Burns was. "And yet, at
the expiration of a year, this same Mr. O'Connor
i- able to testify that the word used by Mr. Burns
was, not " this," but it was " any." Now, 1 ask
you, gentlemen of the jury, is there any consist
ency In such testimony? 1 1 is the sheerest of non
senst, and yet Mr. O'Connor assures as that he
entertains the kindliest of friendship for Mr.
Burns. God save me from such friendship. It
is that kind of friendship which leads a man
into the dark, and then
SHOOTS HIM IN' THE BACK. ■
He protests his friendly feuilng for Mr. Burns,
and yet he virtually admits that he said that
because I got my "back up" In the case he pro
posed to do ■•''.; he could against Burns in order
that he might get even on me. Now, I wish to
place myself 'upon record as saying to this jury
at this tune thai I how thai God Almighty v.i I
never permit me to be guilty of a sentiment
which would Induce me to be willing to send a
friend to the State Prison sixply because ) was
angry at somebody else. This is kindness i:'.
deed*! In order to get even with me. if I
correctly interpret his testimony, he would not
only take the liberty of Dan Barns from him,
but he would destroy tho happiness of his child
and his family. 1 cannot believe that there is a
man upon this jury who could build ur> a senti
ment of admiration for that kind of humanity
which would tolerate the conduct of
an individual In seeking the destruction
of one man simply because he had been offended
by another. I confess sometimes during this
trial I have been annoyed by this Mr. O'Connor,
! i was annoyed at a remark which he made in
i the presence of this jury, by which I believed
i he intended to give coloring to the prosecution
aud to belitth) the defense. I immediately
spoke to him In relation to the matter, [was
not annoyed because I had any fear as to the
future of this case or as to the effect of his re
mark upon the jury. I was annoyed because I
; was defending a friend, and I did not wish to
hear any of his unnecessary reflections. I
would be somewhat out of patience with any
man who would come to this Court-room and
i seek the conviction of my client upon mere in
sinuations. I had good reason to get my " back
up," as Mr. O'Connor terms it. My back will
go up every time he gets in my way, and. every
time he attempts to prevent a proper investiga
tion of any case in which I am interested; and
particularly whenever he interferes in a case
with the evident purpose of preventing a just
and fair determination of issues of fact and in
tercsts as important as those which are involved
in this trial. Whenever he desires to become a
witness with a phenomenal memory, and to
contradict the statements of my client simply
and only because he is offended at something
that I have done, all that I ask of him is that in
frankness he will state his purpose and the rea
sons that rcove him.
FEANKNES3 OF DEFENDANT'S TESTIMONY..
It is absurd to attempt the ; Impeachment of
the defendant as a witness in this case upon I
such testimony. His testimony has elicited the
admiration of all who heard it. He has given
his entire case Into the hands of the people and
of this jury- He has not hesitated to open up
the books of his office upon which this prosecu
tion rest.". A full presentation of all the facts
has been his defense. He has stated to you
every fact within his knowledge, and he has !
sought to conceal nothing. The whole case is
before you, and it proves beyond the possibility
of a doubt that the charge contained In this in- ,
dictment has no foundation in fact upon which
it may rest. 1 shall therefore place the destiny
of my client in your hands without worrying
your" patience or taxing the patience of this
Court any further. 1 believe, sir-, that in your
hands the cause of my client Is safe. and, in sub
mitting this cause to you, I cannot b:inn ii>\ -.:•'
to fear tho result. I'm 1 tremble lest some nils
understandiug might result in a disagreement
of this jury, li'entlemen of the jury, in this case
there is so much involved that 1 sincerely hope
that you will find a verdict. And I am sure
that "a verdict of not guilty in this case will
brine with it the congratulations and com
incndatlous of a grateful public— a public not
composed of the Controller and his clerks and
deputies, and their special counsel, but era
bracing the whole people of this common
wealth. I have made do endeavor to arouse
your passions in any manner in this trial.
On the ride of the defendant we have asked
only for a fair mid Impartial determination
of the facts upon the evidence adduced. That
this is true, Is Shown by the manner in which
the defense tins been conducted. You, gentle
men of the Jury, have observed that we have
brought no weeping women and children to this
Court-room to draw upon the sympathy of those
whose duty it i»tvi decide this cause. The wife
of the defendant, the partner of his life, has not
appeared iv the presence of this jury, and the
little girl whose destiny, to some extent, de
pends upon V' or decision, has not bean cere,
She bad ■■•• right to be here; and Mrs. Barns had
a right to be here. Bui they have not come.
Upon this verdict depends their future. They
have remained absent from this Court room by
the command of the husband and father, that
the memory of the child might not I* filled with
the details of this trial. By the command of the
father the child has not been permitted to come
here to wring tears from the eyes of this Jury.
By the request of the husband, In order thai
justice might not be tempered with too much
mercy, the wife has not been here to observe
this trial, lint at the window of the home to
night there sits a woman with a faithful heart
waiting to receive the glad news of v verdict
which shall once more vindicate the integrity of
the husband, and place the family upon that
social station to which she knows it to be enti
tled. :•;»;*
■ • ON. 1 I T'l.v, KKSIARKS.
I thank you, gentlemen of the jury, for the
patient manner in which you have listened to
me. Who knows but thnt at some future time
an occasion may arise when you will be glad to
know that gome friend of yours has been pa
tiently heard by twelve good and honorable
men. I submit this case to you candidly believ
ing thai I will receive a verdict immediately
which shall vindicate the conduct .>i my client:
and if, on account of the technical criticisms or
attempted aspersions mode In the closing argu
ment for the prosecution, you should for one mo
ment waver from that strict path which leads toa
determination of this case without prejudice or
pass) m, I ask you to pause and remember that
my voice has been forever silenced, so far as
this cause is concerned, that while the law
seeks to throw every safeguard around the in
terests of a defendant in a criminal case, for
some strange and unaccountable reason it has
given the prosecution the right to the closing
argument ; and 1 beg you, in the name ol hu
manity and ju-lice, that you will sit hire
calmly and dispassionately and listen to that
argument, and il in it there is anything
said which is unjust to my client, that you will
answer it for me and in your own minds. I
pray that you will treat Mr. Burns with that
liberality and merry to which a citizen is en
titled when he Is confronted by the whole
power of the commonwealth. I am satisfied
that you will be able conscientiously to come
into this Court-room with a verdict of not
guilty, Glad tidings will be wired to the people
of the Pacific coast, who will extend to you
their congratulations (or a duty well, mercifully
and justly performed; and the angel thai
writes down the transactions of Heaven will
record the everlasting approval of God Al
mighty for an act done in accordance with His
comprehensive mercy and man's justice. («xl
knows of Mr. Bums' Innocence, I know it and
I believe that you do.
[The verdict of the jury — acquittal upon
the charge— has already been published ii;
th( 1 columns.]
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fore, \fill effectually develop all the gas,
thoroughly leaven the loaf, and dissipate
the ga»-Droducing ingredients of a powder
of this kind : and this is the highest test of
a perfect baking powder. Where other
alkalies alone are used they are not infre
quently retained, unresolved, through the
whole process of bilking, and remain an
unwholesome ingredient in the finished
bread. The carbonate of ammonia can
not be used as a substitute for cream of
tartar.— [N. Y. Weekly Tribune. '
RAILROADS, STEAK US, inc.
- -ftr*. JtrC. Jt-*..
rnRAINS LEAVE AND ARK DUX TO AKUIVH
-»-■/' — -'at—
SACRAMENTO
leave FKOM MARCH 26, 1856. arkivk
► ■T 1 (noio
* 1 -^—^— —— — — —^— — ~~— — _ . 1
7:20 a. Calistogaand Kapa 7:05 r. 3»J
*-2-.:o p. " f,. ; .\',r " 'ii::» a.
11*5 P.lColfax 10:20 a.
10:30 a. iVlta A fcrtland, via I'avls 3:15 P.
«:»C:KI a. Delta A: Bcadlog, via Davis •■ . M p.
1*6:05 A. 1 ■ via'Chieof*ll:Bo P.
7.-0) p. Knights Landing. 7:05 A.
•5:15 p. ( Dcming, ) Kxpr's •■"■ i a.
1:00 a. tEI Paso and East j Fmgr't 2:00 A.
.786 P. ( Ogden and East) Express 7:00 a.
905.1. I " " " f fcjnixu't 12.-35 A.
2:SO p. Ked Bluff, via MarysviUiv... 10:15 a.
6:0) a. -an Francisco, viaßenlcia. S.-oi> P.
7:Ji> A. " ' •■ •• 7u'. ■
&60 p. •' :;"' ;.:'"--:"■" Ilu6 l!
11:30 a. ■• >",. ••l.ivermore 2.-M p.
•10W .\. ■■ v ■.-»■; ■- " steamer.. *fi:00 a.
11:30 a. San Jose 230 P.
1133 a. Stockton and Gait 2:20 p.
*S:l5 p. •' - " »<J:uo a.
•11:0 ». Tulareaml Fresno.
■7:'.'O a. Vallejo ni:26 a.
2:30 p. •■ f7.t\ r ) P.
S. mill I. R. K.
•9*o a. Folsom and Shingle Springs *2:10 P.
:: 00 p. Koluoin and siituglu Springs •in-,00 a.
fSiOO P.lFolsom and Shtuglu 3 t'KW «.
a. For Morning. r. Kor Afternoon.
• Sundays exeepted. ' Sundays only. • •
\* Freight and Accommodation Trains.
A. N. TOWNE, Genera] Manager,
T. H. Goodman, i.v-ul I'hss. and Ticket Agent.
__ fel6-tf _
j OCEANIC STEAMSHIP CO.
rOB HOXOLUI.U.
rTtHB f-i'IJENPII) NEW 8,000- • ..
L Ton Ktemashipi wilt leave the <iji- ij^-t'^.
CompaDy'B Wharf, conitr siouart i£,tr
and Harrison streets, at 3P. M.: 'tQSriZ^ssi
HAKIFOBA JANI ART Ist
Ai.VM>:i»A JANUARY loth
Kr«-!slit, #5 Per Too.
*S-l'^currion Tlcketl at Reduced Ral Kor
ptusaße or further particulars, r.pplv to J. D.
BPREO&ELS A 8808., AgW»cS,BSr7 U«Tk ■ act,
corner Fremont, oIS-tf
FARE REDUCED! ""
JOHN TAI.EOT. TICKET .*
t) Acent Central Pacific Railway, -" r^Z^-5±
and Agent for liiin^ii I loyal WT^.lJit?
Mall si.;:nnlii|i I.inp, can book <"'?« .3"~»j3a«
Passengers fh.m England, Ireland or .Scotland
to Sacramento, ut Extraordinary Low Rates.
Send for Friends, ss those rates Kro for ■■■ fe>?
days only, John TAI :»>T.
apl-lplm C. I. K. It. Depot. Sacramei
KESIGAL.
PINKEYE. ~
A Itcinurkable Cure of 11 Horse .
In the fall •■; 1883 1 had a valuable horse taken
with the pinkeye, resulting Id blood poison;
After nine months of doctoring with «11 the
remedies to be found In horse W>ks, 1 despaired
of a cure. His right hind leg was as large as a
man's body, and had on it over forty running
-,■:.<. He was n most pitiable looking object.
At lust 1 thought nt Swill's Specific, and com-
menced to use it. I used fifteen bottles. In Au-
gust last all symptoms of the disease disap-
jvciind. There have been no signs of a return,
and the horse has done a mule's work on my
farm ever sim c.
James i.. Fleming, Augusta, Ga.
January '.', 1885.
.Swift's Specific is entirely Vegetable. Treatise
on Blood and skin Diseases mailed free.
The -» .: 1 -;■: 1 ikici.'o.. Drawers, Atlanta, Or.,
or !■'■■' W. -.':»! st.. Sew York. tc.'i 1 5 ! y_
T CAKD.-TO ALL WHO ASK SUFFERING
j\ from errors and indices. 110ns of youth,
i vi.us weakness, early decay, loss of manhood ,
etc., I will pond a recipe that will cure you
FREE OF CII VK(iE. This great remedy was
discovered by a missionary in South America.
Scud self-addressed envelope to Ri>v. Jotatra T.
I:;man, Station D.Sew York. _ )yBO-lyXWg
dr. (iriD CVVF^' PTIBR srRE
SYKt-S' ""■> olliLo Duftri l;Ul\li CURB
DR. 1 FOR CATARRH." SOBB
3YKE3 1 CURB
DR. I* Ali-«1» *vU BURE
SYKES' want to be cured of your Catarrh, CURE
DR. . try SURE
sYKEff ..D.I. STKEB'BOKECI BE." ( - ' KS
DR. You will not be disappointed. -SURE
3YKES 1 | The great Chicago remedy. Es- CURE
UK tablished In 1870. Has a na- SURE
SYKKS'i tional reputation. CURE
-.„ " ' —ASK DRt'GOISTS FOB IT— =ttrv
»^.;r.lce. «1. Blsftr«B.o°U
■ DR Chic-go address: 3URK
SYKKS 1 ' Dr - c K. Sykes, 181 Monroe st. CURE
,^?.-.,,t- KKDIXr.TON i CO. -SURE
3YKE —and— CURE
DX. TULXGXJEZ & aDCHAKLS, SURE
BYKES 1 wholesale DPXUGISTS, Sad Cl - K^
DR. I Feani BUitß
3YKEB' Agents for California. ' IIK
jeiy-Iy.MWF
1 bcnapMttlTOraiiudrfurtliefi ilisr.-.ia ; .'7 1 '"
nso tiiou«»ncl«orcMemil the kind and of Jong
.tandlnehnTi b«nri 1. : »d»«,5;» o *J{2S ] :WJ
i::';;.:;;';:: ; ;::v.i,'- -','•■: -.\
naS-CmM W K.twfim __
IMpoteltmen
>^ —-<l *V 1>« they Young or Old,
£ - : t^s having Lost tlioso
fej fT^ $ attributes of
V^£ y> PERFECT MANHOOD
. jfe*sJ&j&0 f May Regain Quickly ?r>
': 'njtfr* PERFECT
'f^^f P Frocbeative Abutt,
Frof. Jean Clrialr. BY THE USE OF
The Civiale Remedies.
They euro 1 very trace of lI KM 1,1 IV, SPIK-
MAT«I!i:iHKA, VARICOOELK and e»fry
form of seminal loss and wcftknoss whether ano
to Youthful Folly, Akioe, or Ni.tnr.ii failiirr.
Thlstrt-otmcnt oriplnat«l by PKOF. CIVIAIJE.
adopt. .l in i-vi-i v lIOM'ITAI. In MlA2*ol.«*l
unqualincillv 1 odoned by the Mwlu-iU rrof.;fsK>v.
ami above all LAST IN 6 IN ITS IiJ.MI.I.'".
and above all LASTING IN WBKftnJg.
t?DI7T7 Tn ATT Ui>on receipt of « cents
FKbb. IU ALL. in iH.-iRj.-i' stamps. »■
will send free to any earnest inquirer ourspicn-
..li.l Uln«trat«l 61 piwe medical work. giyi»j[«i.ip-
toins of all for.i.3 of Semal £\*'™?.\,°V?i '''"?"
of Oii.i treatment, prices, testimonials »nd uew»-
-.„.« «..tf liiiustinc nn<i Glove nttlnp L-iaaio ,
Com'pres^r. for the thorough and radical cure,
without surgery, or.
VAR3COCELE
Con.altntlon wit h full Medical Staff, FKEE.
Civiale Remedial Agency, 160 Fulton St. ■ ttr^
Ij. 23^. 3=T A"P^C3VI33rL
no. 82f7-J STKKET.SAC'K-VMENTO,
AGENT For. __X|3£Mbng
CHICKERIHG& SONS' PIANOSf rrf!
Wilcox & \7Mte Organs !
Fine Accordeons, Violins, Banjos and Slimes
a Specialty.
«*- A selected lot otMAKTIN GUITARS
In stock. '.
Country orders promptly and carefnlly at-
tended to. at lowest prices. jylo tf
PIONEER LIVERY STABLE.
T. D. SCr.lVr.lt, - - - - : Proprietor. .^
HACKS OK CALL AT Air\ HOrR. ,n. <ffl
• day or night. Coupes, Phaetons,* \p3\ JP^
Rockaways, Barouches,' Buggies, with* " " '
tho best roadsters to be found In any livery ■
stable on the coc% for hire. > Hones kept in rfvj
livery at reasonable rate". Livery Stable on
Fourth street, between I and J. jyl-tf