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This trial which has
occupied the Court of Sessions for the last four weeks, terminated last
Saturday. There were four indictments against the Defendant -- the first for
permitting gaming, upon which he plead guilty, and was $300. The second, for
using and loaning State Moneys, which came to his hands as Treasurer of Sonoma
County, on a plea of not guilty and a verdict of guilty, he was sentenced to 2
1/2 years' imprisonment. On the third, for using the moneys belonging to the
County, he was found guilty and sentenced to 2 1/2 years' imprisonment. -- On
the fourth, for embezzlement of School Moneys belonging to the County of
Sonoma, he plead guilty, and was sentenced to 8 years' imprisonment. On being
called upon, before sentence in the last two cases, if he had any cause to show
why judgment should not be pronounced against him, he said: --
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"I wish to state to
the people here how all this came about, and if I say anything incorrect, I
want to be corrected. I don't know that Mr. Wickersharm, the District Attorney,
has had any cause to do so, but I think he has not only prosecuted but
persecuted me. In his argument to the Jury, he said that my attorneys had not
even proven that I had previously sustained a good character. I was born in
Tennessee, and have taught school about ten years of my life; and I defy any
man to bring anything against my character up to the time these indictments
were prosecuted; and I don't want any disgrace cast upon my family. In the
early part of my official duties, I did not know that there was any exceptions
taken. After I borrowed the $2000, testified by the high Sheriff, I started to
Sacramento, on the 4th of January, 1856. I deposited the money at Sacramento,
and went up into the mines on other business, and remained until the 16th, when
I returned to Sacramento, and settled with the State Treasurer, and came down
to San Francisco and loaned to Menefee $2000. When I came home I was surprised
to hear that it was reported I had run away, and some of my securities had
withdrawn -- that it was known how much money there should be in the Treasury,
and all the Scrip had been bought up a few to make a run on the Treasury -- and
I was to be raised right out of my boots! I met all the warrants presented, and
was then easy until July `56. Gentlemen, I have borrowed money of many of you,
not by dollars but by hundreds and thousands, in my business, and paid you back
honestly. Now, as to the August report: I did make a previous report which the
Board of Supervisors accepted, but did not publish, and I was censured, and
also charged with not having made a report; and I had to make this report,
going back and including my previous one, and am charged of using $2000 of the
public money, which I had to raise to make up the amount of the August exhibit,
which I shall neither admit or deny; but I think the District Attorney took a
very ungentlemanly course to make it appear that I was delaying the Board of
Supervisors and trying to borrow money to make my exhibit. It is not true; and
they did not wait one day on me, but remained in session three days after on
other business. The District Attorney did not read all the report. Above what I
exhibited with my report, there was sixteen or seventeen hundred dollars at
that time paid into me by the Sheriff and that was all that could have been
lost to the people if I had eat it up. I had bought some county warrants; as I
have been charged with one crime I might as well admit that. The new Board met
to organize and I wanted them to do business; the old Board had ordered me to
give a new bond in the sum of $40,000, which, under the excitement against me,
was out of the question. I expected them to require me to make a full exhibit,
and I was ready to do so. I was indicted in January, and had to be here, and
could not go to Sacramento on the 1st of January, `57; it was usual for other
Treasurers to settle with the State any time during the month, and I did not
think it was material. Some one reported that I was not going to Sacramento;
God forgive him, for if I knew who it was I could not. I was in debt in my
business, and wanted to borrow a thousand dollars. I concluded on Saturday the
17th of Jan. to go to Sacramento on the following Monday. I was at the saloon
on the evening of the 17th (Saturday) at 10 or 11 o'clock, playing cards for
one thing or another. Treadwell (Jo.) and Russell went home with me to go to
bed; they found the front door partly open and the safe partly open. I had gone
round the back part of the house, and they called to me. I went round and all
the money was taken out of the safe -- God knows by whom, but I didn't. That is
the only thing for which I can make no showing excepting my acts. If I had been
disposed to rob myself, I might have taken much more; and you, all know I am in
the habit of doing things by the wholesale. From the time I should have started
to Sacramento up to the time the safe was robbed, I paid two thousand and
eighty-eight dollars, and offered to pay more. Now, you will all agree with me,
that any man who would have done this, (if he intended to steal) would have
been a fool; but I could only deny the charge and give the above reason; and my
best friends passed me by without speaking and thought me guilty, and I was
almost driven to despair sometimes I thought I would not go to Sacramento --
Dr. Williams told me he heard I was afraid to go; I told him that I had rather
die than be thought afraid to go; I don't know what fear is. I went to
Sacramento, and fell in with Jo. Nevill; some of you know who he is; and now I
will relate the only thing I regret in this whole matter. I told Nevill what I
wanted to get; (a relief bill passed) he went with me and seemed to know most
all the members. Harrison and Taliaferro talked favorable; Edwards I did not
see. Nevil seemed to be very kind, and done all he could for me, and we drank
considerable with members of the Legislature. Next morning I went to draw the
School Money, and he helped me pack it up; and after I had deposited it, he
said he was out of money and so was I and if we would take some of the money
and go to a faro bank we could win expenses. I took out one hundred dollars --
it was lost; we drank some brandy -- it was good brandy; he insisted the stake
was so small he could do nothing, and wanted me to increase it and he would
certainly win. I did so until we had lost a thousand dollars. He swore by his
right arm and the blood of his heart, that if he lost he knew where he could
get the money and would pay me back. We got aboard a boat and started for San
Francisco. I felt so bad I could not sleep; he said he could not and would get
up a game of poker, and make a sure thing for me to win. I gave him a twenty;
he was to put up the cards so as to deal me a full; I suppose you know what a
full is. I watched him deal; he took my cards from the bottom and the other
man's from the top -- the other man bet along moderately for some time and then
raised to four hundred and fifty dollars. I supposed he meant to bluff me, and
proposed to let Jo. hold my hand until I went for the money, but he would not
consent. I then sent Jo. for the money; when the money was up, I said I had
three fives and two sixes -- I will always recollect the hand; he showed four
kings, and took the money -- and then I found that Jo. was not acting fair with
me, and I was then all out except what I had in my pocket, one hundred and
forty dollars and a bit. I talked with him, told him I was broke and ruined; he
said he would make it all right in the morning. I felt as though I was gone in,
and the next morning I went down on the wharf and had a great mind to throw the
hundred and forty dollars in the Bay, for I knew that amount was no use to me;
I went and bucked off the hundred and forty dollars and kept the bit. I had
lost all confidence in Jo., and told him that he had ruined me; he told me not
to go home; I told him by the Gods I would and let the people all know what I
had done; he said he could not find the man he was to get the money from, but
would get me the money and bring it up. I came home and was loth to tell it.
Dr. Williams asked me if I had brought the School Money, and I said yes. Ogan
wanted me to pay a school warrant, and I told him just how it was; and I was
then charged all over town of stealing the School Money; and I suppose it was
no better. I was then delivered over by my securities to the Sheriff, and had
to go to jail, where I have been ever since. Many reports were circulated
against me, and I understand they threatened to take me out of the jail and
hang me; all I could hear was through my family; no man could come, he was
denied admission either by the Sheriff or Jailor. I don't know which, nor do I
care. I was told I would be punished to the extent of the law, and I don't
believe there could have been a Jury in the county but what would commit me. I
was without money and without counsel; I told C. P. Wilkins my situation, and
he offered to do all he could for me; he was in bad health, and I asked Temple
to assist; he said he could do me no good before this community, but he would
assist all he could. I made an application for a change of venue, but was
denied, and was advised to run away; I could have done so and been gone long
ago, but I would rather hang than to acknowledge the crime by running away and
thereby saddle it on my family. I expect if I live, to serve out my term and
come back here -- for if I cannot live here. I cannot anywhere. I don't make
these remarks with the hope of influencing the Court; I want them to do their
duty -- appoint the time which they see cause to allot me, and I will go and
try it. I have nothing more to say." |
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