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TESTIMONY 
 
 Taken before the Board of Trustees of the California State Library. 
 
 IN THE MATTER OF THE 
 
 Charges preferred by Trustee J. J. OWEN against 
 TALBOT H. WALLIS, State Librarian. 
 
 S. Solon Holl, . . - . for Prosecution. 
 
 Add. C. Hinkson, J. C. Ball, Grove L. Johnson, and J. S. Wallis, 
 
 for Defense. 
 
 WiNFiKLD J. Davis, Official Reporter. 
 
 SACRAMENTO: 
 
 STATE OFFICE, JAMES J. AYERS, SUPT. STATE PRINTING, 
 
 1883. 
 
UBRAKV 
 KHOOL 
 
 UlXCHANGCS 
 
TESTIMONY. 
 
 The Board of Trustees of the California State Library met at the 
 private office of the State Librarian, in the State Capitol building, 
 on Monday, August 13, 1883, for the purpose of investigating certain 
 charges which had been preferred by Trustee J. J. Owen against 
 Talbot H. Wallis, State Librarian. 
 
 There were present — Trustees A. C. Freeman, Henrj' Edgerton, I. 
 S. Belcher, J. J. Owen, and Matt. F. Johnson. 
 
 The minutes of the meeting of the Board held on July 26, 1883, 
 were read by the Secretary pro tern., C. E. Gunn, corrected in certain 
 particulars, and approved as so corrected. 
 
 On motion of Trustee Edgerton, S. Solon Holl was permitted to 
 appear as counsel in the prosecution of the charges, he having 
 requested the Board to permit him to appear in that capacity, as 
 counsel for Miss M. A. Patton. 
 
 The Secretary read the charges, when Mr. Johnson, of counsel for 
 the defendant, asked leave to file a paper on behalf of the defend- 
 ant, and permission being given, the paper was read to the Board 
 and placed on file. *< 
 
 On motion of Mr. Edgerton, Judge Holl was given leave to pre- 
 pare and serve upon Mr. Wallis, or his counsel, amended charges, 
 within five days from this date, and Mr. Wallis was given leave to 
 answer the same within five days after such service, and the further 
 hearing of these charges was continued until Tuesday, September 4, 
 1883, at one o'clock p. m. 
 
 Mr. Owen moved that the Board request the attendance upon the 
 fourth day of September, 1883, of the following witnesses for the 
 prosecution : R. 0. Cravens, Hon. B. D. Murphy, S. P. Maslin, R. M. 
 darken, E. K. Dunlap, and Mr. Metcalf, and of such other persons 
 as may be invited by counsel in this matter five days before said 
 fourth day of September, 1883. 
 
 On motion of Mr. Edgerton, Winfield J. Davis was requested to 
 act as Official Reporter of the Board in all of the proceedings in con- 
 nection with the charges against Mr. Wallis. 
 
 On motion, the Secretary was directed to furnish counsel on both 
 sides with a certified copy of the charges preferred bj^ Trustee Owen, 
 and now on file. 
 
 The Board then adjourned until September 4, 1883. 
 
 The Board of Trustees of the California State Library again met 
 in the State Capitol building, on Tuesday, September 4, 1883, at one 
 
 4263S3 
 
o'clock p. m'. A.ri of tHe members of the Board were present except 
 Trustee Belcher, and it was agreed by counsel on both sides that the 
 transcript of the testimony, as furnished by the Official Reporter, 
 should be submitted to Judge Belcher, and that his vote should be 
 cast in the final determination of the questions to be passed upon by 
 the Board in connection with this investigation. 
 
 Mr. Owen moved to strike out the entire second subdivision of the 
 answer of the defendant to the amended charges, and the motion 
 was carried — Trustees Edgerton, Owen, and Johnson voting in the 
 affirmative, and Trustee Freeman voting in the negative. 
 
 The Board then proceeded to hear testimony. 
 
 AMEI^DED iJHAEGES. 
 
 To the Board of Ih-'ustees of the State Library of the State of California : 
 
 Gentlemen: I hereby charge that Talbot H. Wallis is not a fit or 
 proper person to hold the high and responsible position of Librarian 
 of the State Library, and I therefore ask that this Board remove him 
 from that position, for the following reasons: 
 
 First-^Said Talbot H. Wallis is so deficient iif education, a knowl- 
 edge of the English language, and general information, that he is 
 incompetent to properly discharge the duties. pertaining to his office 
 of Librarian. 
 
 Second — That, taking advantage of his official position, he is guilty 
 of grave public offenses, committed by him while holding said office 
 of Librarian, in this, to wit: 
 
 (a) That about the twenty-first day of January, 1883, a letter was 
 received through Wells, Fargo & Co.'s Express, at the library, 
 inclosed in an envelope, and bearing a United States postage stamp, 
 and the stamp of Wells, Fargo & Co., addressed to Hon. R. O. 
 Cravens, the former Librarian. This letter was placed into the pos- 
 session of said Talbot H. Wallis, and was by said Wallis willfully and 
 intentionally destroyed, without the knowledge or consent of said 
 Cravens. , 
 
 {b) That on or about the twenty-fourth day of February, 1883, a 
 letter inclosed in an envelope, bearing a United States postage stamp, 
 and addressed to Miss M. A. Patton, one of the Deputy Librarians* 
 was received at the library in due course of mail. This letter came 
 into the hands of Talbot H. Wallis, as such Librarian, and was by 
 him willfully and unlawfully opened and read without the knowledge 
 or consent of said Miss Patton. 
 
 (c) That on or about the second day of April, 1883, a letter inclosed 
 in an envelope, bearing a United States postage stamp, and the 
 stamp of Wells, Fargo & Co., addressed to Miss M. A. Patton, one of 
 
the deputies of the library, was received at the library. This let- 
 ter was delivered to Talbot PI. Wallis, the said Librarian, and by 
 him retained twenty-four hours, and unlawfully and willfully oi)ened 
 and read without the knowledge or consent of said Miss Patton. 
 
 Tliird — That said Talbot H. Wallis, as such Librarian, has encour- 
 aged and permitted to be used, and used himself, a portion of said 
 library as a general resort for dispensing and drinking intoxicating 
 liquor and smoking tobacco. That during the recentsession of the Leg- 
 islature said Wallis kept in a portion of the library large quantities 
 of intoxicating liquors, having for that purpose as many as three 
 demijohns, one of them holding three or four gallons. These demi- 
 johns were kei)t exposed to full view in that part of the library, and 
 were frequently emptied and refilled, and when refilled the larger one 
 was sometimes brought into the library through the main entrance. 
 That part of the library'' where the liquor was kept became and was 
 for a long time a general resort for persons who chose to drink liquor 
 or to smoke; and frequently, almost every hour during the day, men 
 were gathered around these demijohns drinking and smoking; not 
 infrequently as many as eight and ten at a time were there. 
 
 Fourth — That, contrary to the rules of this Board, said Talbot H. 
 Wallis frequently, while in said library, indulges in loud, boisterous, 
 and unbecoming language. 
 
 Fifth — That owing to his defective education and limited culture, 
 his want of proper dignitj^ his lack of information concerning 
 matters pertaining to the library, his deportment, and general incom- 
 petency, is so conspicuous that it draws upon him the severest criti- 
 cisms and unfavorable comments of educated strangers and others 
 who visit the library for amusement or information, and reflects 
 discredit on the State of California. 
 
 Sixth — That said Talbot H. Wallis is generally untruthful, and is 
 guilty of using language in the library, concerning his assistants, 
 which is slanderous, indecent, most reprehensible, and untrue, and 
 especially is this so in reference to his late assistant, Miss Patton. 
 
 All of which is respectfully submitted. 
 
 J. J. OWEN, 
 Trustee of the State Library. 
 
 The within amended charges were served upon us this eighteenth 
 day of August, 1883. 
 
 ADD. C. HINKSON, 
 G. L. JOHNSON, and 
 J. C. BALL, 
 Attorneys for T. H. Wallis. 
 
AI^SWEE TO AMEIsTDED OHAEGES. 
 
 State of California. Before the Board of Timstees of the State Library. 
 In the matter of the charges preferred by Trustee J. J. Owen against 
 Talbot H. Wallis, State Librarian: 
 
 Now comes the defendant, the said Talbot H. Wallis, State Libra- 
 rian, and says: 
 
 First — That the said charges are subject to demurrer, because — 
 
 (a) This honorable Board has no official power to investigate said 
 charges, or any of them. 
 
 {b) Neither all nor any of said charges state facts sufficient to con- 
 stitute an offense against any of the rules or regulations of said 
 Board, or against any of the laws of the land. 
 
 (c) Said charges are ambiguous, unintelligible, and uncertain, in 
 this: That it cannot be told therefrom what rules of said Board of 
 Trustees have been violated, or what provision of law has been vio- 
 lated, or what code of morals has been violated; and further, that 
 the specifications do not give the time, or the place, or the circum- 
 stances of the alleged offenses charged against defendant with suffi- 
 cient particularity to enable the defendant properly to answer or 
 properl}^ to prepare for trial. 
 
 But the defendant does not desire to avail himself of any techni- 
 cal defense herein, and he calls attention particularly to these mat- 
 ters, at the same time waiving hereby any formal or technical 
 objection to said charges. 
 
 And for answer to the said charges and specifications, the defend- 
 ant — 
 
 I. 
 
 Pleads not guilty to each and all and every one of said charges 
 and specifications, 
 
 II. 
 
 [The second subdivision of this amended answer was stricken out 
 by the Board of Trustees. — Reporter.] 
 
 And further answering said charges and specifications, the defend- 
 ant avers that the said charges are not brought in good faith by said 
 Trustee J. J. Owen ; that said Trustee is not the real author of them; 
 and that he brings them to gratify his personal feelings of malice 
 and spite towards this defendant; and also to gratify the hatred and 
 malicious feelings of one Miss M. A. Patton towards this defendant. 
 The defendant avers that the said Miss M. A. Patton was a deputy of 
 this defendant, and was by him, on or about the thirty-first day of 
 July, 1883, removed for good cause; that the said Miss Patton owed 
 her original appointment as said deputy to said Trustee Owen, and 
 claimed to have great and almost exclusive control over the said 
 
Owen; that the said Owen notified defendant that if he discharged 
 said Miss Patton from her said position as deputy under defendant, 
 he, said Owen, would prefer charges against defendant, and would 
 cause them to be published in the newspapers, and would thus polit- 
 ically ruin this defendant forever; that the said Owen and the said 
 Miss Patton entered into a conspiracy during the months of Septem- 
 ber and October, 1882, to oust this defendant from his position of 
 State Librarian, and in furtherance thereof made various attacks 
 upon this defendant, which attacks and conspiracy have finally cul- 
 minated in the presentation of these charges. 
 Dated Sacramento, Cal., August 23, 1883. 
 
 ADD. C. HINKSON, 
 
 J. C. BALL, 
 
 GROVE L. JOHNSON, 
 
 Attorneys for Defendant. 
 [Filed August 23, 1883.] 
 
 Testimony of E. K. Dunlap. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. HoLL — What is your name? Answer — Dunlap, E. K. 
 
 Q. E. K. Dunlap? A. Yes. 
 
 Q. Where do you reside ? A. At the City of San Jose. 
 
 Q. Were you in the City of Sacramento during the time when the 
 Republican State Convention was held last year? A. Yes.- 
 
 Q. Were you at the State House at that time ? A._ Yes. 
 
 Q. What portion of it? A. Many portions of it, sir. 
 
 Q. Principally in what portion? A. Principally in the chamber 
 in which the Convention met and in the hallway outside ; prin- 
 cipally in the hallway. 
 
 Q. That leads from the rotunda to the Assembly Chamber? A. 
 Yes, if it was the Assembly Chamber in which the Convention met, 
 and I think it was. 
 
 Q. Yes, it was the Assembly Chamber in which the Convention 
 met? A. Yes. 
 
 Q. Do you know Mr. Wallis? A. Not personally. 
 
 Q. Do you know him by sight? A. Yes. 
 
 Drinking in the Library. 
 
 Q. What, if anything, did occur that attracted your attention in 
 the room that is next to the rotunda, where the door goes in next to 
 the rotunda after you start towards the Assembly Chamber on your 
 right hand? 
 
 Mr. Johnson objected to the question, as being irrelevant, imma- 
 terial, incompetent, not responsive to any of the issues in the case, 
 and because counsel for the prosecution has stated in the presence of 
 this Board that it is not included in any of the charges or specifica- 
 tions. 
 
8 
 
 Mr. HoLL — I did not talk to this witness before I drew the charges. 
 There are charges as to the use of a portion of this library for a 
 drinking saloon, and the charges refer to the time when the last 
 Legislature was in session. I have ascertained that during the ses- 
 sion of the Republican Convention the same thing occurred and the 
 same room was made a drinking saloon. 
 
 Mr. Johnson — If the reporter will take down the statement that 
 this is the only additional charge he proposes to make, we will with- 
 draw the objections, if the Board desires to hear it. 
 
 Mr. HoLL — Then, Mr. Dunlap, go on ? A. I cannot give the date; 
 it was about a year ago. 
 
 Q. Will you please answer the question now ? A. You wish me, 
 as I understand you, to make a statement bearing on the matter you 
 have just explained? 
 
 Q. Yes; anything with reference to the place being made a drink- 
 ing place? A. Well, as to its being made a drinking place, I am 
 perhaps not qualified to say, but I can say this : that during that 
 Convention I would see persons enter the private office of the Libra- 
 rian, and I did see them drinking there. 
 
 Q. State to what extent that thing was carried on ; as to how 
 frequently persons would go there? A. I was there during the 
 entire Convention and I noticed it several times — a number of times. 
 
 Q. Give this Board some idea as to the number of persons that 
 went in there and the number of times persons went in there dur- 
 ing the two days you were in attendance? A. I could not do that. 
 
 Q. Approximate it as near as you can. Was it once or twice dur- 
 ing a day or frequently? A. It was several times during a day. 
 
 Q. How many times? Once, twice, thrice, or how many? A. It 
 was enough to attract my attention to the fact. 
 
 Q. The fact of what? A. That persons were drinking there. 
 
 Q. That that was made a place for drinking purposes? 
 
 Mr. HiNKSON — He did not state that. 
 
 A. It was sufficiently often to attract my attention to the fact that 
 it was done there. 
 
 Mr. HoLL — That drinking is done there? A. Yes. 
 
 Q. Give the Board some idea, because once might possibly attract 
 your attention ? A. No, not once ; once would not have attracted my 
 attention particularly. 
 
 Q. Give this Board the best opinion you can as to the extent that 
 that place was used during that time for drinking purposes ? A. 
 The best opinion I could give you would be to say, several times — a 
 number of times ; a sufficient number of times to attract my atten- 
 tion to the fact. 
 
 Q. On one day? A. On every day; I think I was here three or 
 four days; at least three days. 
 
 Q. What number of persons would you see go in there at a time? 
 A. I think they went in one at a time ; I do not think I ever saw 
 more than that; I think what I noticed at all the times was one 
 person entering wath the Librarian, with Mr. Wallis ; that some one 
 person would enter with the Librarian. I do not think I saw two 
 persons go in — or three. 
 
9 
 
 Q. Through the door of his private office? A. Yes. 
 
 Q. And when they entered, what did they do? A. When they 
 entered there was some receptacle on the right hand side of the door- 
 way ; what it is I do not know, never having been in that portion of 
 the library. I saw Mr. Wallis take a bottle and glass ; what the 
 bottle contained I do not know. 
 
 Q. What did he do with it? A. He poured some liquid from the 
 bottle and they imbibed. 
 
 Q. You say that was done to an extent sufficient to attract your 
 attention? A. Yes; it did attract my attention at that time. 
 
 Q. And that was kept up during the time the Convention was in 
 session? A. You mean constantly? I do not know. 
 
 Q. As you have explained it? A. Yes; a number of times. 
 
 Cross-examination. 
 
 Mr. Johnson — What business were you up on — the same as the 
 balance of us? A. I presume, sir, I belonged to the lobb3^ 
 
 Q. You were just up here attending the Convention and taking an 
 interest in political matters? A. Yes. 
 
 Q. Your attention was attracted to this just the same as it might 
 have been attracted to anything else that occurred around the State 
 Capitol? A. Yes; my attention would have been attracted by any- 
 thing that interested me in particular. 
 
 Q. You did not pay any more attention to this than anything 
 else? A. Yes; I did pay more attention to it than anything else, 
 because many things I did not pay any attention to. I paid enough 
 attention to it to observe it and to remember it. 
 
 Q. And to talk about it? A. No; not to talk about it. 
 
 Q. You never have spoken about it? A. I presume I must have 
 been indiscreet enough to have spoken of it to some person or else I 
 w^ould not be here. 
 
 Q. You were interested in the result of the Convention ? A. Yes; 
 very much. 
 
 Q. You were not here in the building all the time? A. Yes; all 
 the time from morning till night. 
 
 Q. With no time for meals? A. When I could get them. 
 
 Q. Sacramento is a poor place for meals? A. I lived through it. 
 
 Q. Do you know whether Mr. Wallis was interested in that Con- 
 vention? A. I do not; I do not think I could swear that I know he 
 was interested in the Convention. He probably was in some way — 
 in the same way that I was interested in it, I presume. 
 
 Q. You had a candidate that you wanted to see nominated? A. 
 Several of them. 
 
 Q. Did you treat anybody that you were talking to during that 
 time? A. I expect I did, sir. 
 
 Q. More than once ? A. It is quite possible. 
 
 Q. Several times? A. I expect a number of times. 
 
 Q. Enough to attract the attention of outsiders? A. I do not 
 know. It ^vould have done it if I had taken them into the State 
 Library. 
 
10 
 
 Q. It would not have done so on the outside? A. No; had I 
 noticed it anywhere else it would not have attracted my attention. 
 
 Q. Did you go into the room ? A. No ; I never was in that room 
 in my life. 
 
 Q. Was the door shut any of the time? A. Yes; I saw people go 
 in frequently when the door was shut. What took place then I do 
 not pretend to say. 
 
 Q. Where did they go in ; from the hallway or the library? A. I 
 noticed them particularly from the hallway. I was located in the 
 hallway for the purpose of being found at any time when I would 
 be wanted. That is where I could be found, and it was understood 
 that I could be found there. 
 
 Q. You were there for that purpose ? A. Yes. 
 
 Q. You came up here to attend the Convention on business and 
 not purely on pleasure ? A. Exactly. 
 
 Q. Your point of observation and labor was in the hallway, near 
 the hall in which the Convention met? A. Yes; where I could be 
 found any time. 
 
 Q. As a matter of fact, do you not know that you and Mr. Wallis 
 were upon opposing sides in that Convention? A. On the contrary 
 I do not know it, sir. Which Mr. Wallis do you refer to? 
 
 Q. Talbot H. A. I do not know it emphatically. I understood 
 to the contrary. I know my friend, the Judge (J. S. Wallis), and I 
 were upon opposite sides in that controversy, but I do not know that 
 Talbot and I were. I understood exactly the contrary. 
 
 Testimony of Hattie R. Kelsey. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. HoLL — Where do you reside? Answer — In San Francisco. 
 
 Q. Have you ever been employed in the State Library ? A. You 
 cannot really call it employed. Miss Patton was away and I took 
 her place for a couple of weeks as her friend. 
 
 Q. About what time was that? A. The first two weeks in Febru- 
 ary. 
 
 Q. Of what year? A. Eighteen hundred aiid eighty-three. 
 
 Q. Had you been in the library before that time? A. Yes; the 
 first week in January I spent, I think, four days here as Miss Patton's 
 guest. I then went to the country and on my return spent, I think, 
 four days more as her guest. She was not well and I assisted her 
 slightly. At the end of that time she was obliged to give up her 
 duties for a short time and I took her place about two weeks. 
 
 Q. And that time that you was there was in the first two weeks in 
 February of this year? A. Yes; I think it was not quite two weeks, 
 but nearly that time. 
 
 Q. You, of course, know Mr. Wallis? A. Yes; I met him the first 
 week in January. 
 
11 
 
 Drinking and Smoking in the Library. 
 
 Q. When you first came there as the guest of Miss Patton, did you 
 observe that considerable quantities of liquor were consumed in the 
 library building? 
 
 Objected to as leading, and question withdrawn. 
 
 Q. State, Miss Kelsey, if, during the time when you were first there 
 as the guest of Miss Patten, you discovered anything in reference to 
 the use of liquor in any portion of the library? A. I saw nothing 
 except a bottle of fluid which I supposed to be liquor, and I saw one 
 or two of the State officers go in there one evening and help them- 
 selves. I do not remember of Mr. Wallis drinking at that time. I 
 know it did not attract my attention particularly, and I probably 
 would not have noticed it if it was not for the fact of one of the State 
 officers drinking, and 1 noticed that if it was strong whisky he must 
 have been accustomed to it to drink a glass full down with so perfect 
 ease. That is the way I came to remember it. 
 
 Mr. Edgerton — He was a Democrat? A. No; I am sorry to say 
 he was not. 
 
 Mr. HoLL — What portion of the library did you see this feat of the 
 State officer performed in? A. In Mr. Wallis' private office. 
 
 Q. What is that office used for; w4io else occupies it or uses it? 
 A. I suppose it is for the Librarian's private use. However, the 
 deputies have free access to it, as I understood. 
 
 Q. How was it used when you were there, at this time and after- 
 wards? A. At that time it was used as Mr. Wallis' private office ; 
 the Legislature was not in session. 
 
 Q. After that, when you come there again, how was it used then, 
 and by whom, and who went in there? A. It seemed to be a general 
 place of resort. 
 
 Q,. I mean as regards other persons in the library, and ladies? 
 A. We went in there whenever we chose. The washbasin was there 
 and my lunch basket was there, and I went in there very frequently. 
 
 Q. Where were your hats and shawls? A. In there, on the hat- 
 rack. 
 
 Q. And your lunch basket? A. Yes. 
 
 Q. And the washstand ? A. Yes. 
 
 Q. You went in there and made a convenience of it for that pur- 
 pose? A. Yes. 
 
 Q. After you took the place of Miss Patton afterwards, and re- 
 mained there two weeks, during that time what, if anything, did 
 you see by the way of the use of liquor in the library? A. The 
 first week of January I spoke of? 
 
 Q. What did you see there after you became employed ? A. Well, 
 it seemed to me that it increased during the two weeks I was there; 
 it seemed to be a general place 
 
 Mr. Ball — State what it was, and not what it seemed to be? A. 
 It seemed a great many came in there, evidently for the purpose of 
 drinking, during the last few days of my stay there. I saw from one 
 to six at a time of men from the State Legislature when Mr. Wallis 
 was not in the office, even come through the main entrance and go 
 
12 
 
 into bis private office, and if I ever had occasion to go in there I 
 saw men drinking, and I rarely went in there without — well I will 
 say rarely during the last week — it was the exception to go into that 
 office and find it free; there were men in there, from one to two, and 
 from eight to ten, drinking. 
 
 Mr. HoLL — From one to ten ? A. From one to ten ; frequently 
 one, and frequently two and upwards. 
 
 Q. How frequently would men go in there during the day? A. 
 Very frequently. * 
 
 Q. Express it in some definite way as near as you can ? A. I 
 should say that once an hour during the session of the Legislature 
 would hardly express it; I think as frequently as every half hour, 
 and sometimes there was a constant string, and then again not quite so 
 many; it seems to me it is not over-estimating it to say there was an 
 average in every half hour of from one to twelve men, and perhaps 
 from one to twenty, that would go in there. 
 
 Q. Which way would they generally go into that place? A. I 
 saw a great many come in tlirough the main entrance, and I fre- 
 quently had occasion to go in there when I saw men there that had 
 not come in through the main entrance ; they must have come in 
 through the private way. 
 
 Q. When they were in there what did they do in the way of dis- 
 posing of any liquids ? A. I'hey drank it. 
 
 Q. Was there any tobacco in there? A. There was smoking, yes. 
 
 Q. In what condition would you find the room as regards tobacco 
 smoke ? A. A great deal of it, usually. 
 
 Q. How was the liquor taken in. there ; in what packages, and in 
 what way? A. I do not know ; with one exception I never saw any 
 liquor taken in there ; I saw Mr. Brown one day carry a large demi- 
 john, which must have contained three or four gallons, through the 
 door. I noticed it because it was very heavy for him to carry, and I 
 thought they were carrying it in there by the wholesale. 
 
 Q. Who is Mr. Brown? A. I do not know whether he is watch- 
 man or janitor. He is stationed near the door of the library. 
 
 Q. He is some officer that belongs to the library? A. I do not 
 know whether he belongs to the library. He is usually around 
 there. 
 
 Q. He is somebody employed in the building? A. Yes. 
 
 Q. He is the person who brought in that large demijohn through 
 the main entrance? A. Yes. 
 
 Q. Where did he take it to? A. Into the private office. 
 
 Q. Into this place or this room where you saw the gentlemen enter 
 frequently? A. Yes. 
 
 Q. What packages did you see in that room that are used for con- 
 veying liquids? A. I saw a small demijohn. I would not testify 
 positively whether it held a gallon or two gallons. I am not very 
 good at dimensions, but my impression is it was about a two-gallon 
 demijohn. I do not know whether it was kept there always, but I 
 noticed it in front of a cupboard or kind of bookcase in which the 
 bottle was kept from which the whisky was turned into the glass. 
 
13 
 
 Q. How many of these demijohns did you sec? A. I remember 
 of but two; the hirger demijohn was kept in the vault. 
 
 Q. How many did you notice? A. Two. 
 
 Q. What would you judge tiie size of them to be? A. The larger 
 one must have contained at least tliree gallons, and my impression 
 is four. 
 
 Q. And the smaller one? A. I should think the smaller one, as I 
 remember it, must have contained two gallons. 
 
 Q. Do you know anything except the one time when this demi- 
 john was carried throu^rh the main entrance — as to those demijohns 
 being taken out? A. No. 
 
 Q. Or brought in there? A. No. 
 
 Q. That is the only time you saw it brought there? A. Yes; that 
 is the only time that I saw it brought there. 
 
 Q. How did this drinking in this room continue; when you 
 first went there what was the condition of it — I mean when you 
 went there to stay the two weeks — what were the facts in regard to it 
 then and when you left? A. When I went there it was a matter of 
 frequent occurrence that when I went into the room that end of it 
 where I wanted to go, where the washbasin was, I found crowded 
 and almost impassable. 
 
 Q. Did you find it in such a condition that you could not get to 
 the washstand, or was prevented from going there? A. The gentle- 
 men very kindly made way for me when they saw where I wanted 
 to go. 
 
 Q. Did it continue so from the first? A. It increased very much. 
 The last week I was there it was very much more frequent than the 
 first week. 
 
 Q. Did you see this more or less every day during the two weeks 
 you were there? A. Yes; every day. 
 
 Deportment of Librarian. 
 
 Q. You became acquainted with Mr. Wallis during the time you 
 stayed in the library? A. Yes. 
 
 Q. You talked with him frequently ? A.. Yes. 
 
 Q. What, so far as your observation and knowledge goes, was his 
 deportment in the library in reference to talking and his conduct 
 when visitors came in, and in a general way, as far as you observed, 
 how did he conduct himself? A. Well, with a great lack of dignity 
 of character. 
 
 Q. Explain as near as you can in your own way what you mean 
 by that and what impressions were made upon your mind by his 
 conduct? A. In the first place, loud and noisy talking and rude 
 manners. 
 
 Q. Explain to the Board what you mean by rude manners. What 
 was his conduct? A. Well,fl think that an acquaintance with Mr. 
 Wallis is necessary to understand exactly what I do mean. Mr. 
 Wallis is not intentionally rude. For instance, if you wish an 
 example, when I was talking with parties in the library I was fre- 
 quently interrupted by him in a way to attract attention to himself. 
 
14 
 
 I do not know, of course, his motive for doing that, but I would be 
 at my desk attending to my duties and talking to persons and he 
 would come up and interrupt the conversation and try to attract 
 attention to himself. It was commented on frequently by visitors 
 to the library, so that it was not noticeable to myself alone. It was 
 annoying, but I looked upon it as through ignorance on his part and 
 the lack of good breeding. 
 
 Q. In what manner was that matter brought to your attention by 
 visitors? A. They expressed surprise that such a man should be in 
 such a position. 
 
 Q. Did that occur more than once? A. Very frequently ; I recol- 
 lect three times when it occurred. My impression is that it occurred 
 more frequently, but I can recollect three instances. 
 
 Q. Relate some of the instances and state what the circumstances 
 were? A. Well, I was talking with two ladies and a gentleman one 
 day ; I think that they were visiting the Legislature ; they were 
 friends of one of the Senators, I do not know whom. I did not know 
 the parties, but they were asking me questions in regard to the 
 library, and I was explaining that I was a stranger here; and then 
 Mr. Wallis saw them, and perhaps thought that I would not be able 
 to inform them as he would like to have them informed, and he, in 
 the rudest manner, interrupted my conversation with them, and 
 spoke in very commonplace phrases about the library, and in a man- 
 ner that made me very much ashamed to be in the position. That 
 expresses my idea. I explained to them that I was there tempo- 
 rarily. 
 
 Q. You spoke about his boisterous conduct 
 
 Mr. Johnson — She has not said any such thing. 
 
 Mr. HoLL — You spoke about loud and noisy talk? A. Yes. 
 
 Q. State to the Board what you know about that and to what 
 extent it occurred? A. When anyone was around I never heard 
 Mr. Wallis speak in any other way than noisy. When he was talk- 
 ing to me individually he was ordinarily quiet in his conversation ; 
 I have heard him talk with others in the same manner, but if people 
 were around he was noisy. 
 
 Q. Can you explain that a little more particularly as to why j^our 
 attention was attracted to his noisy conduct and the manner in 
 which he addressed people; can you give any more definite idea as 
 to what you mean b}' saying that he was noisy? A. That he spoke 
 rudely and in a manner uncalled for. He had no idea of the proper 
 thing to say at the proper time. He did not know when to keep still 
 and when to talk, and he said very inopportune things for a person 
 in that position. 
 
 Q. So much so that persons of culture would notice the deficiency 
 in his education? 
 
 Mr. Johnson objected to the question, as being leading, irrelevant, 
 and immaterial, and the objection was .^stained. 
 
 Mr. HoLL — State now, in those conversations, whether he used 
 language that was correct and proper and such as cultivated persons 
 use — such as educated persons use ? 
 
 Same objection and ruling. 
 
15 
 
 Mr. Freeman — The objection is sustained, on the ground that the 
 question is leading, and because it asks the witness to act as the 
 judge and not to detail what occurred. 
 
 Mr. HoLL — Did he speak at those times the English language cor- 
 rectly? A. Not according to my understanding. 
 
 Mr. Johnson moved to strike out the answer, on the ground that 
 the question was immaterial, irrelevant, and leading, and that it 
 called for the opinion of the witness; the proper method being to 
 ask the witness to tell what Mr. Wallis said, and the Board can then 
 judge. 
 
 The motion to strike out was granted. 
 
 Incompetency of Librarian. 
 
 Mr. HoLL — Did you learn from your observations and your con- 
 versations with Mr. Wallis whether he was acquainted with the 
 librar}' and the books thai were contained in the library upon dif- 
 ferent subjects? A. Well, I have my general impression 
 
 Mr. Ball — Do not give your impressions. A. The fact is that he 
 was not. 
 
 Mr. HoLL — Explain that. If you know of any instance where his 
 ignorance was displayed to you in that respect, state the circum- 
 stance? A. I will state. I recollect but two instances that I can 
 testify about. On one occasion I asked him in regard to — I am not 
 positive whether this was after I had taken Miss Patton's place or 
 whether it was while I was her guest. I asked him if Professor 
 Agassiz' " Lecture on the Geological Formation of the A^alley of the 
 Amazon" was in the library. He did not seem to know anything 
 about it, and referred me to Mr. Gunn. I went to Mr. Gunn, and he 
 went with me and showed me where Professor Agassiz' writings 
 were, and we looked through several ^»olumes and did not succeed 
 in finding it. 
 
 Q. At that time did you apply to Mr. Wallis for the information ? 
 A. Yes. 
 
 Q. And he referred you to Mr. Gunn ? A. Yes. 
 
 Q. Did he say whether he knew or did not know whether such a 
 work was in the library? A. He said he did not know. 
 
 Q. And he referred you to Mr. Gunn for the information ? A. 
 Yes. 
 
 Q. What other instance? A. The other instance was one day 
 when I was in Miss Patton's place. We were very much crowded. 
 It happened to be a very busy day, and I was busy checking off 
 books and giving out books. A couple of girls came in there, or 
 young ladies — I think the oldest was about sixteen years of age — and 
 they asked for some history of ancient religions, and I mentioned 
 James Freeman Clarke's " Ten Great Religions," and asked if her 
 mother had ever read it. She said she did not want anything heavy. 
 I went immediately to Mr. Wallis and asked if they had something 
 bearing on that subject which was lighter reading but of the same 
 character as James Freeman Clarke's " Ten Great Religions." He 
 did not know anything about it, and told me to go to Mr. Gunn. I 
 
16 
 
 went to Mr. Gunn, and I think Mr. Gunn told me where to look. 
 He suggested something, and I went to the alcove where those books 
 were kept and found a book that I thought would answer the pur- 
 pose. I do not recollect now just what it was. I looked at it cas- 
 ually. 
 
 Q. Did you ever apply to him for any works on any particular 
 subjects, in the library, when he would himself furnish them to 
 you? A. Yes; one work I recollect, because it was not in the 
 library and he knew where it was, and he got it for me. It was out- 
 side and he brought it to me. He knew who had it. 
 
 Correspondence of the Library. 
 
 Q. What do you know as to who conducts the correspondence at 
 the State Library? A. I know while I was there Mr. Gunn con- 
 ducted the greater part. 
 
 Q. How do you know it? A. I know it because I heard in two 
 instances Mr. Wallis refer letters to him. I do not recollect any 
 positive statement that Mr. Gunn made to me in regard to it, but I 
 remember that I said to Mr. Gunn 
 
 Q. From your own observation, just state what you know as to 
 whether or not Mr. Gunn conducts the correspondence of the library? 
 
 Mr. Johnson objected, because the witness had already answered 
 the question. 
 
 The Chairman sustained the objection, but his ruling was reversed 
 by the Board. 
 
 A. My observation has been that Mr. Gunn did conduct the cor- 
 respondence of the library. 
 
 Q. Have you had any conversations with Mr. Wallis in reference 
 to the matter, or have you seen any of his coijduct in reference to 
 the correspondence from whi6h you know any further fact in regard 
 to it? A. I saw Mr. Gunn writing the letters, and I heard Mr. Wal- 
 lis tell Mr. Gunn to do it. 
 
 Untruthfulness of Librarian. 
 
 Q. Miss Kelsey, during your stay in the library, in your conver- 
 sations with Mr. Wallis did you learn anything about whether he is 
 a man that can be relied upon as truthful? 
 
 Objected to and question withdrawn. 
 
 Q. What did you learn in reference to his being a man that is 
 truthful, if anything? 
 
 Mr. Johnson objected, as irrelevant, immaterial, improper, and 
 leading, and as calling for the opinion of the witness, and as being 
 hearsay testimony, and incompetent. 
 
 The objection was sustained. 
 
 Mr. HoLL — Do you know any facts to show that Mr. Wallis — or 
 showing — that Mr. Wallis is untruthful? A. Yes; I do. 
 
 Q. Go on and state? A. I recollect one instance. I remember it 
 because it struck me as exceedingly funny. Mr. Wallis came in one 
 morning, looking very pale and tired. I said " What is the matter, 
 
17 
 
 Mr. Wallis? Are you sick this morning?" No, lie said, lie was 
 not sick, but he said that he had been sitting up until three o'clock 
 the niglit before, writing or working. I asked him what he had been 
 doing, and he said he had been getting resolutions ready asking for 
 an appropriation, 1 think — at any rate it was a paper asking for an 
 appropriation from the Legislature for the State Library. I said 
 " Yes? " He said " Yes; " and he said he could not get time to do it 
 in the daytime. The day before I had seen Mr. Gunn at work at 
 that paper, and I knew that Mr. Gunn had drawn it up, and I heard 
 Mr. Wallis say the afternoon before that the paper was all right. I 
 had seen the paper on Mr. Gunn's desk in his own handwriting, and 
 I knew that he wrote it. I think it but justice to state right here 
 that although that is my opinion, Mr. Chairman, I do not think 
 "untruthful" expresses my idea of Mr. Wallis' mental incapacity 
 to speak the truth — simply covers it. He is not conscious of falsify- 
 ing half as much as he does. He forgets from one minute to another 
 what he says, and in that way he is totally unreliable. 
 
 Q. Did that condition of Mr. Wallis' mind influence you any as 
 an assistant in the library, and if so, to what extent? A. I did not 
 pay any attention to what he said after I had been there a few days, 
 unless it was something that struck me as funny. 
 
 Q. Why did you not? A. Because I found that you would hear 
 altogether too much that did not amount to anything, and that I 
 could not credit it; I did not believe it at the time that he said it. 
 
 Q. Wliat, if anything, did he ever state to you about his influence 
 or control over the Trustees, that they had to retain him in that 
 position? 
 
 Mr. Johnson objected, as irrelevant, immaterial, not bearing on 
 any of the issues in this case, and not covered by any of the charges 
 or specifications. 
 
 The objection was overruled. 
 
 A. I shall have to digress a little here, it seems to me, in order to 
 make myself plainly understood. 
 
 Mr. HoLL — Answer as directly as you can? A. I did hear him 
 make a statement in regard to his power to control members of the 
 Board. 
 
 Q. State in relation to that and give the time? A. It was when I 
 was taking Miss Patton's place It was in regard to Mr. Freeman, 
 and it is only justice to young Mr. Freeman to state the way that it 
 came about. When I entered the library as assistant to Miss Patton, 
 or to take her place, I had been there but two or three days before 
 Mr. Wallis commenced to relate different troubles and trials that he 
 had in his pqsition with his deputies. He told me a great deal of 
 the trouble he had had with Mr. Gunn, which he had straightened 
 up; he told me about the trouble he had had with Miss Patton, 
 which he had also straightened up; and at that time he was having 
 some trouble with young Mr. Freeman. I have forgotten the cause 
 of the trouble; I do not know that Mr. Wallis gave me the reason— 
 if he did I did not pay any attention to it. At any rate, Mr. Free- 
 man's duties were neglected. He was Janitor, as I understood it, 
 
 3 
 
18 
 
 and the washbasin was in a filthy condition and the hearth in the 
 private office, and after standing it a few days I scrubbed it up. I got 
 provoked about it, and I said to Mr. Wallis that I should see that 
 Mr. Freeman attended to his duty. He said "yes," he would see in 
 regard to Mr. Freeman, and to just let him alone; he would go after 
 his uncle in a day or two, and then he guessed he would come around 
 all right. He said that two or three times. I said, "Well, you had 
 better look out — Mr. Freeman's uncle is one of the Trustees." He 
 said, "You need not be alarmed about it — I have a string that I can 
 pull on Mr. Freeman every time." Two or three days after that he 
 came to me, and he patted me on the shoulder, and he said, "Don't 
 you worry about Frank Freeman not doing any work — I am going 
 to see his uncle; don't you worry about me — I know my man there; 
 I have a string that I can pull on him any time." It struck me as 
 incongruous. I had met Mr. Freeman, and I knew Mr. Wallis, and 
 I did not believe it. That is all. 
 
 Mr. Johnson — Did he show you the string? A. No; I did not ask 
 him what it was. He simply made that statement two or three times. 
 
 Mr. HoLL — Have you had any conversations with Mr. Gunn in 
 reference to why he conducts the correspondence of the library? 
 
 Objected to, and question withdrawn. 
 
 Q. Have you had conversations and talk with people who came 
 there to the library, and who were conducted through the library, 
 and who came in contact with Mr. Wallis, who expressed opinions 
 with reference to his efficiency as a Librarian? 
 
 Mr. Johnson objected to the testimony, as being hearsay, and the 
 objection was sustained. 
 
 Mr. HoLL — From your observation, and from your knowledge and 
 conversation with Mr. Wallis during the two weeks that you stopped 
 there, is he in your opinion a fit and proper person to conduct the 
 State Library of this State? 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, not 
 responsive to any issue in this case, and that it is a question for the 
 Board to determine. If it is offered as. expert testimony the witness 
 is not shown to be an expert. 
 
 The objection was sustained. 
 
 Cross-examination — Untruthfulness of Librarian. 
 
 Mr. HiNKSON — Miss Kelsey, when was it that you spoke of Mr. 
 Wallis stating to you that he had been all night engaged in writing 
 a bill or report? A. It was in the morning. 
 
 Q. How long since? A. It was in February. 
 
 Q. Last February ? A. Yes. 
 
 Q. During the session of the Legislature? A. Yes. 
 
 Q. You say tiuit it was a bill that he was preparing to introduce 
 into the Legislature, with reference to an appropriation? A. Yes; 
 ijsking for an appropriation from the Legislature of a thousand dol- 
 lars for the library. 
 
 Q. That is one of the instances you give for believing that he is 
 not truthful? A. Yes. 
 
19 
 
 Q. And the reason j'ou say that you think that he is not truthful 
 is because he said to you that he was engaged most of the night pre- 
 paring a bill? A. Yes. 
 
 Q. And that you knew that the bill had been written the day 
 before by Mr. Gunn? A. Yes. 
 
 Q. How do you know that he was not engaged in revising that bill 
 and correcting it during the night, during the greater portion of that 
 night? A. I do not think Mr. Wallis could have revised it. 
 
 Q. It is simply your opinion that he was not engaged during that 
 night preparing this bill, is it? A. Technically considered, yes. 
 
 Q. That is a fact, that it is simply your opinion. You do not 
 know positively that he was not engaged during the greater portion 
 of that night with that work? A. I know it in my own mind. 
 
 Q. That is the only way you know it. As a physical fact you do 
 not know it? A. As a physical fact I did not stay in the library 
 until three o'clock in the morning and see him there. 
 
 Q. Do you know anything about the amount of work that is 
 required to prepare a small bill sometimes? A. Yes; and that is the 
 reason I think Mr. Wallis did not do it. 
 
 Q. You know nothing about the fact, however ? A. No. 
 
 Q. A man of Mr. Wallis' stupidity — it would take him a long time 
 to prepare a bill of that kind ? A. Yes, if he did it at all. 
 
 Q. Do not you think that he might be engaged the whole night on 
 a bill of that kind, and not get it right then? A. Yes, I think he 
 might. 
 
 Q. Then might not his statement have been truthful? A. It was 
 because I had heard his statement the afternoon before in relation 
 to the bill, or whatever it was. 
 
 Q. How do you know it was the same bill? A. I could not swear; 
 jt might not have been in Mr. Gunn's handwriting. I simply know 
 that Mr. Gunn handed it to Mr. Wallis, and Mr. Wallis said that it 
 was all right. 
 
 Q. Do you know what the instrument was? A. Yes; I saw him 
 take it from the desk. 
 
 Q. What was it? A. It was a paper, a resolution — I do not know 
 what you would call it — asking for an appropriation. 
 
 Q. Did you read it? A. I read part of it, a portion of it. I saw 
 simply what it was when it was on Mr. Gunn's desk. 
 
 Q. Do you remember what the title of the bill w^as ? A. I do not 
 remember how it was headed, no. I did not pay enough attention to 
 it. I simply read enough of it to know that was what it was. 
 
 Q. You did not read enough to know what it was? A. I simply 
 read enough to know that that was what it was. 
 
 Q. You do not know whether he was engaged in revising or trying 
 to change that bill during that night? A. I did not see him, no. 
 
 Q. Then, so far as physical facts are concerned, you might be mis- 
 taken as to his misrepresenting that matter to you ? A. I did not sit 
 in the library until three o'clock. 
 
 The reporter read the question. 
 
 A. So far as physical facts are concerned, yes. 
 
 Q. What time was it that you left the library, when you were 
 
20 
 
 there acting for Miss Patton? A. I left the Tuesday before the 
 twenty-second of February. I remember that, because I was in San 
 Francisco on Washington's Birthday. 
 
 Q. Did you see Mr. Wallis at the time of your departure from the 
 library? A. I left in the morning; I left on the morning train. I 
 did not see Mr. Wallis that morning; I saw him the evening before. 
 
 Q. Did Mr. Wallis compensate you for your services at that time? 
 A. No. 
 
 Q. Did you ask him for any compensation? A. No. 
 
 Q. Did you ask him for any appropriation or any payment? A. 
 No. Mr. Wallis stated to me that he was very sorry. I received a 
 letter from a friend in San Francisco asking me to come there to 
 look after a business matter, and Miss Patton was hardly able to take 
 her place in the library. I said to Mr. Wallis that I had received a 
 business letter, and that I would have to go, as it was business, and I 
 could not afford to give my time longer, or something like that. I 
 do not know just how I expressed it. And then he went on to say 
 how sorry he was that he could not do something for me, that he 
 would like very much to pay me, and that I ought to have it, and 
 ought to have an appropriation. I said I did not ask anything for 
 what I had done, but if I continued to staj^ I should feel that I must 
 be paid in some way. He said that he could not do anything until 
 Mr. Owen came up. I knew Mr. Owen very slightly, and Mr. Wallis 
 said that he was going to speak to him, and I think he did speak ta 
 him. At any rate, Mr. Owen spoke to me in regard to it, and said 
 the}' were sorry, and thanked me verj' kindly for what I had done^ 
 but I could not receive any compensation without special legislation, 
 I think he said, or an appropriation, and that he did not like to 
 bring that up. It was all right with me; I did it as an accommoda- 
 tion to Miss Patton. 
 
 Q. Did not you ask Mr. Wallis to see the Board, and see if they 
 would not make an appropriation for you ? A, No, I could not^ 
 because it did not occur to me; I was out on a vacation or rest 
 from work at the time. 
 
 Q. It might have occurred to j'ou while you were there at work? 
 A. It did not ; I never thought of asking for pay ; I simply did it as 
 a courtesj' to Miss Patton, who is a friend of mine, until I received 
 this letter, and then I stated explicitly that if I remained I must be 
 compensated; I talked that matter over freely with Mr. Gunn ; I 
 talked that matter over freely with Mr. Gunn about being rewarded ; 
 I think he can substantiate my testimony. 
 
 Q. You claim to be a lady of culture, do you not? A. No, I claim 
 nothing. 
 
 Q. Your associates are people of culture, are they not, as a rule ? 
 A. According to my ideas of culture. 
 
 Q. It is offensive to you to be associated with people who are ignorant 
 or uncultivated or uneducated, is it not? A. In one way it is, and in 
 another it is not, if they observe the ordinary rules of etiquette, and 
 are not to blame for what they do. 
 
 Q. I mean as companions; it is not agreeable to you to have uned- 
 
21 
 
 ucated i)eoi)le as companions? A. 1 have never been associated with 
 them as companions, as I know of, for a <>reat length of time. 
 
 Q. Did you ever associate with Mr. Wallis (hiring the time you 
 were liere? A. I had frequent conversations with him. 
 
 Q. Is that the extent of your associations with him ; your conver- 
 sations in tlie library? A. Yes, I think so; I think he walked 
 liome with me two or three times, and we talked on the way. 
 
 Q. Did he ever accompany you anywhere else, except to your 
 home? A. I never went out with him anywhere, not to spend an 
 evening. 
 
 Q. Did you ever go anywhere with him elsewhere? A. No, I think 
 not. He claimed that I had promised to go to the theater with him 
 one night, but I have forgotten it. 
 
 Q. Do you not remember asking him to go to a spiritualistic meet- 
 ing ? A. That was in San Francisco; he was anxious to see — yes, I 
 remember — I know where the people live, but I do not know their 
 names; yes, I do; it was Mr. King. Mr. Wallis was telling me of 
 the wonderful things that Mr. King did as a medium ; I, perhaps, 
 ought not to mention the name ; he said that it was so wonderful. I 
 had during last Fall in San Francisco seen something rather phe- 
 nomenal in that respect, and I was investigatinij;, the subject, and I 
 thought if there was anything that was so wonderful as Mr. Wallis 
 represented here in Sacramento, I would like to see it, and I said 
 while he was telling me of it, that I would like if he would take me 
 there some night; I would like to see him, if he could do those 
 things. 
 
 Q. Did not you invite Mr. Wallis to come to San Francisco for the 
 purpose of accompanying you to a spiritualistic meeting of some 
 kind ? A. No; I never invited him to accompany me to a spiritual- 
 istic meeting there. 
 
 Q. Are you positive of that? A. Yes; he told me about his being 
 a medium of some power. 
 
 Q.. Did not you invite him to go with you to see a medium? A. 
 No; I am positive on that point. 
 
 Q. When you left the library after you had concluded your labors 
 here, did you not bid Mr. Wallis good-by? A. I bade him good- 
 by in the evening, and I left in the morning. 
 
 Q. You gave him your address, your residence? A. During my 
 stay here I was placed in a rather peculiar position. Mr. Wallis I 
 considered as very untruthful, and I felt sorry for him because he 
 did not know any better, and at times I used to have a perfect con- 
 tempt for him. There is no other word that will express it— perfect 
 contempt for him — and then I used to be sorry for him. 
 
 Q. Your feelings changed towards him? A. They varied as 
 towards a child. I have been a teacher. As to inviting him to call 
 on me, and giving him my address, I could not give him my address 
 for I did not know where I would be. When I went to San Fran- 
 cisco I was to be for a time with friends. I gave him my friend's 
 number, but I said they were friends and I did not know where I 
 would be, and I remember that he said he would like to call on me, 
 and I presume I said, "Well, come round and see me," or something 
 
22 
 
 of that kind, but as for giving him my address I could not give it 
 because I did not know where I would be for two or three days. I 
 told Mr. Gunn that I would send him my address. 
 
 Q. When you went to San Francisco did you not express to Mr. 
 Wall is your gratitude for his courtesy and kindness to you, and did 
 you not invite him to call and see you in San Francisco? A. I am 
 positive that I did not extend a cordial invitation to him. 
 
 Q. Did you not extend thanks for his courtes}'^ and kindness to 
 you, and did you not invite him to call and see you when he came 
 to San Francisco? A. I do not remember of thanking him for his 
 courtesies and kindness. He had been as kind as he knew how, but 
 I do not remember of thanking him for it. 
 
 Q. He had been kind to the extent of his knowledge and ability? 
 A. Yes. 
 
 Q. Did not you invite him to call and see you in San Francisco? 
 A. No; I could not. 
 
 Q. You swear positively to that? A. Only in this way: he 
 might have said he would like to call on me, and wanted to know 
 where he could find me, and I gave him my friend's number, and 
 said casually, " Call around." I think every lady does that when 
 they do not want to get the ill will of any one, and it is easy to be not 
 at home when the call is made if you do not want to see the party. 
 
 Q. You and Miss Patton are good friends? A. Yes; we are very 
 good friends. 
 
 Q. And have been for some time? A. I knew Miss Patton in Oak- 
 land quite well. We were members of the same literary society, and 
 we worked together in that way. I did not know her intimately. 
 Perhaps a great many would call us intimate friends, but I have 
 very few intimate friends. I did not know her intimately until last 
 Winter. 
 
 Q. You have felt very much aggrieved about her removal from the 
 library ? A. I felt aggrieved before that. I did not see how she stood 
 it. Downright meanness you can stand, but this unconscious mean- 
 ness is very irritating to me. I could not have endured it. 
 
 Q. It aggravated your feelings towards Mr. Wallis when he re- 
 moved her? A. I thought it was a very uncalled for act. 
 
 Q. These petty annoyances aggravated your feelings towards him? 
 A. It did not aggravate my feeling as regards his fatness for the 
 place. 
 
 The reporter read the question. 
 
 A. No; I cannot swear positively that it did. I have heard things 
 since that have aggravated me, and at the time of that letter I felt 
 indignant, of course. 
 
 Q. You felt during all this time that Mr. Wallis was not a com- 
 petent man for that place? A. After my first day in the library I 
 felt so. 
 
 Conspiracy against Librarian. 
 
 Q. You knew he ought to be removed from office? A. I knew 
 that it was a disgrace to the State to have him there. 
 
23 
 
 Q. What part did you take in liaving him removed from that 
 position? A. I took no part. 
 
 Q. Did you have any conversation with Miss Patton about arrang- 
 ing a phm for his removal? A. No. 
 
 Q. 8he never talked to you about the matter? A. I said he ouglit 
 to be removed. I know of no plan or scheme and n6ver lieard that 
 there was one. 
 
 Q. You never heard of the scheme that there was for his removal? 
 A. No; not until I saw Mr. Wallis' card in the Evening Post. 
 
 Q. Prior to that time you never heard of it? A. No; I never 
 heard of any scheme or conspiracy, or anything of tliat kind. 
 
 Q. Did not you tell Miss Patton that Mr. Wallis was going to dis- 
 charge her? A. No; I could not have done it; I did not know it; I 
 knew that Mr. Wallis was feeling, as he represented it to me 
 
 The reporter read the question. 
 
 A. No; I did not know any such a thing. I understood Mr. Wal- 
 lis was having, as I said, a great deal of trouble, and he represented 
 to me that he had sacrificed money and had given a great deal of 
 time and a great deal of hard work, and>had been to a great deal of 
 trouble, in making the fight in the Legislature last Winter in regard 
 to keeping his position because he kept Miss Patton, but I never 
 told Miss Patton that he was going to discharge her. 
 
 Q. You never told her that he was putting up any jobs on her? 
 A. I warned her. I told her this: she thought that one or two par- 
 ties were her friends, and I became convinced from what Mr. Wallis 
 told me, and I did not know how true it was; but at any rate I 
 thought she had better be careful, and I told her that Mr. Wallis 
 was finding fault with her, and that I thought the parties that she 
 thought were her friends, in one or two instances, were not; but I 
 did not say to her that Mr. Wallis was going to discharge her, for I 
 had no such an idea. I did not think it possible for liim to do so. 
 
 Q. Who are those parties that you refer to? A. In regard to 
 making the statements ? 
 
 Q. That were not her friends? A. Mr. Freeman is one. 
 
 Q. Who is the other one, Mr. Owen ? A. No ; it was a party con- 
 nected with the Legislature. I will give his name to the Board ; I 
 do not care to mention it publicly. 
 
 Q. You decline to give the name? A. I do not decline to give it 
 to the Board, but I do not care to have it published. It was not any 
 one in Sacramento. I think it would be objectionable, as calling for 
 my opinion. I had no positive proof. In regard to the discharge of 
 Miss Patton, I would like to state that it was jirobably from igno- 
 rance on my part, but I did not know, until after Mr. Wallis' card 
 appeared in the Post, that he had a riglit to discharge her, as she 
 obtained her position through a vote of the Board of Trustees. I 
 tliought she could only be discharged through a vote of the Trustees, 
 and I did not know to the contrary until I read his card in the Post. 
 
 Q. I will ask you if you had any conversation with Miss Patton 
 between the tenth and twenty-sixth of last Jul}^ in which you told 
 her that Mr. Wallis was going to discharge her, and that he was put- 
 
24 
 
 ting up a job on her to get her out of the library? A. I never used 
 any such language to her. I know I never did. 
 
 Q. State what language you did use? A. I do not recollect of 
 making any such a statement, and yet it is possible that I might 
 have said, when she made a certain statement to me — and I do not 
 remember if it was between the tenth and twenty-sixth of July — 
 but she came to San Francisco and I saw her for a few hours, and 
 she told me in regard to the letters and the trouble she had had; I 
 have forgotten, but I might have said, " You had better look out, he 
 might put up a job on you." 
 
 Q. You never told her that he was putting up a job? A. No. 
 
 Q. Between those periods? A. No. 
 
 Drinking and Smoking. 
 
 Mr. Johnson — The time you say you saw the liquor there was 
 while the Legislature was in session? A. Yes. 
 
 Q. The Legislature was in session during the whole of the two 
 weeks that you were in the 4ibrary? A. Yes, except the first four 
 days I was there as Miss Patton's guest. 
 
 Q. But during the two weeks that you were there assisting? A. 
 Yes. 
 
 Q. You know of your own knowledge whether an effort was made 
 to remove Mr. Wallis? A. I know nothing only what he told me, 
 and what I heard from some of the prominent men. The prominent 
 men told me that Mr. Wallis 
 
 Q. Was the door into his room ever shut, or was it sometimes open? 
 A. It was sometimes closed. 
 
 Q. Do you know the gentlemen that were in there Avhen you saw 
 them — whether they were members of the Legislature or not? A. 
 Yes; I know they were members of the Legislature, a good many of 
 them. 
 
 Q. Now, was anything done in there while you were there that 
 was offensive or rude? A. No; they were very gentlemanly. 
 
 Q. They were gentlemanly so far as you could see during the time 
 you were there? A. The.y were quiet; there was no noise — no undue 
 noise. 
 
 Q. As a matter of fact, you knew that there was an effort being 
 made to turn Mr. Wallis out and put somebody else in? A. I knew 
 there had been such an effort, but I understood that it had quieted — 
 that it was finished. 
 
 Correspondence of Library. 
 
 Q. I understood you to say that you live in San Francisco? A. 
 Yes. 
 
 Q. You have not stated your occupation, except incidentally, as 
 that of a school teacher? A. Music teacher; that is what I have 
 been engaged in the greater part of the time, although I have not 
 been in that business all the time.- 
 
 Q. Did you ever serve any one as an assistant before? A. In a 
 library? 
 
25. 
 
 Q. No, in any capacity? A. I have occupied clerical positions. 
 
 Q. Did you ever know of any business where a person had a 
 deputy or clerk under him ; did you ever see business carried on 
 that way? A. Yes, one man had several; all of my office business 
 has been with men where there were several deputies. 
 
 Q. This instance where Mr. Wallis was letting Mr. Gunn attend to 
 his correspondence is the only instance, I understood you to say, 
 where you have ever known of a man permitting his deputy to con- 
 duct his correspondence? A. No. 
 
 Q. It is not? A. No, I did not make that statement. 
 
 Q. Did you ever know of a man having his deputy or clerk do 
 writing fdr him? A. Yes, I have done that for men, but I was told 
 how to do it and what to do. 
 
 Q. Do you know as to whether or not Mr. Gunn was competent to 
 write letters if he was told how? A. Mr. Gunn is an intelligent 
 gentleman. 
 
 Iiicompetency of Librarian. 
 
 Q. Did you ever tell Miss Patton that in your opinion Frank Free- 
 man was the only ])erson fit for Librarian connected with the institu- 
 tion, or language to that effect? A. No. 
 
 Q. Nor language to that effect. Just please to refresh your recol- 
 lection and see? A. I remember my impressions of Mr. Freeman, 
 and they were never changed in any way; they were very pleasant. 
 
 Q. I am asking what you said to Miss Patton with reference to 
 Frank Freeman? A. I presume 1 have said that he was a much 
 better fitted man for the place than Mr. AVallis, and I substantiate 
 that now. 
 
 Q. That he was the only person fit for the place? A. No; I do not 
 think r did. 
 
 Q. Are you a graduate of any school of known standing? A. I 
 have not graduated. I attended the Elmira College in the State of 
 New York for two years, and I spent two or three months at the 
 State University at Berkeley. I have attended other schools, and I 
 have taught. Before I came to California I taught music and taught 
 school. 
 
 Q. Will you be so kind as to tell me, if you can, of any light work 
 on religion? A. Let me see. ] think Jacolliot's "Bible in Lidia," 
 while it might not be considered as a light work, it is not particu- 
 larly heavy. 
 
 Q. I understood you, in your examination, to find fault with Mr. 
 Wallis because of his not being able to give you an\' book that was 
 rather light on religion? A. On the history of ancient religions. 
 
 Q. I understood you to say, also, that you were unable to remem- 
 ber any at that time? A. Yes; I had never been associated with a 
 library, and I could not recall them. 
 
 Q. You do not remember what book it was you finally gave to the 
 young ladies for their mother? A. No. I went to the alcove and I 
 got a book, and I know that they sent it back in a day or two. 
 
 Q. You are positive it was not a Bible? A. Yes; I know the 
 Bible. 
 
 4 
 
.26 
 
 Drinking and Smoking. 
 
 Q. I understood you to say that it was a State officer that was in 
 there in January and took a drink? A. Yes. 
 
 Q. I understood you to say that he #as a Republican? A. Yes. 
 
 Q. Will you be so kind as to name any State officer that is a Re- 
 publican? A. I will give the name to the Board. 
 
 Q. I do not ask you to give the name of that gentleman. Name 
 any State officer thatis a Repablican? A. I take very little interest 
 in politics. 
 
 Q. But you made that statement? A. My impression is that there 
 is but one State officer now that is a Republican, or that was a 
 Republican. 
 
 Q. Is there any State officer that is a Republican? A. I might be 
 mistaken about this gentleman being an elective State officer ; he 
 may be an appointed State officer; but it is my impression that he is. 
 
 Q. I want to test your knowledge. Will you be so kind as to name 
 any appointed, or elected, or "squeezed in" State officer that is a 
 Republican, or that was a Republican last February, and that was 
 here at the State Capitol last February? A. I am not positive that 
 this gentleman was a Republican — but when I think of it he may not 
 be an elective State officer; I think he is an appointed State officer. 
 
 Q. Name him? A. It is Mr. Hall, the State Engineer. 
 
 Q. And that is the Republican? A. I supposed so, by the way he 
 talked. He talked Republicanism to me, and I supposed he was a 
 Republican. 
 
 Q. Are you a spiritualist? 
 
 Mr. HoLL objected, as irrelevant and incompetent, and the objec- 
 tion was sustained. 
 
 Untruthfulness of Librarian. 
 
 Q. I understood you to say that you were dissatisfied with Mr. 
 Wallis because you thought he was untruthful. Did I correctly 
 understand you ? A. I do not know that there was dissatisfaction. 
 
 Q. You regarded him as untruthful? A. Yes. 
 
 Q. It is disagreeable to you to see people untruthful? A. I do not 
 associate with them when I cannot help it. 
 
 Q. You regard it as wrong to be untruthful ? A. Yes. 
 
 Q. As a moral principle, and also as a legal principle, you would 
 regard it as wrong either to be untruthful or to permit it in other 
 people? A. Yes ; I regard it as the fundamental principle of society 
 that people should be truthful. 
 
 Q. Do yoQ think that it is moral and truthful to invite a gentleman 
 to call on you and at the same time state that it was very easy to be 
 not at home when he called? A. I think tliat the custom of society 
 and etiquette require certain things of us, and I think under those 
 circumstances I would consider it all right. You misunderstood me 
 if you understood me as saying that I ever invited Mr. Wallis to call. 
 
 Q. You said that it was easy to be not at home. Your idea of a 
 lie is simply that if it is customary to tell a lie that that robs it of all 
 
27 
 
 its wickedness? A. No; I think that where there is a vital principle 
 at stake lying is a very dilFerent thing. 
 
 Q. Was Mr. Wallis acquainted with you before you came there in 
 January? A. No; he had never seen me. 
 
 Q. How long were you there in January when you were the guest 
 of Miss Patton ? A.. About four days. 
 
 Q. Were you in the library all the time? A. No; I came on 
 Wednesday after New Year's and I left {Saturday morning. I was in 
 the library during the greater part of the time during office hours. 
 
 Q. The next time you saw him was when you came there in Feb- 
 ruary to act as assistant for Miss Patton ? A. I went to the country, 
 and on my return I stopped to visit her again. I think I came on 
 Saturday. 
 
 Q. Did you see Mr. Wallis between the time you were there in Jan- 
 uary and tlie time you came to the library? A. No, only three or 
 four days before Miss Patton gave up and remained at home, when I 
 was in the library as her guest. 
 
 Q. All these conversations you had with Mr. Wallis, and these 
 exuberant confidences he made to you at opportune and inopportune 
 moments, were made by a man almost a total stranger to you? A. 
 Yes ; that is what disgusted me at first. 
 
 Q. You were not proud of his selecting you as a confidant in the 
 matter? A. No; I never was. 
 
 Q. Did you invite the gentlemen connected with the library to 
 call upon you at Miss Patton's residence, and did they do so and 
 spend a pleasant evening? A. I do not remember doing so; if I did 
 so, they did not come. 
 
 Q. Did Mr. Wallis and other gentlemen at the library, at your 
 invitation, visit you at Miss Patton's residence, and play cards with 
 you, and pass a pleasant evening? A. The first evening that I spent 
 in Sacramento on my way to the country, I think perhaps Mr. Free- 
 man will remember whether Mr. Wallis was at Miss Patton's or not, 
 playing whist. I do not remember any such an invitation; it is not 
 like me. It is hardly in my nature to entertain. I can do it, per- 
 haps, sometimes, if it is going to hurt any one's feelings by not doing 
 it, but it is not like me at all to invite people to my home that I do 
 not care particularly to spend the evening with. Last February is 
 some time ago, and I cannot recollect, as I say. I was not going to 
 fight witli Mr. Wallis. That would have been very bad policy, for 
 my friend's sake, for me to have done so. I do not remember having 
 extended any such invitation; if I did, it was not accepted, to my 
 remembrance. Miss Patton was ill. 
 
 Q. Did you after that tell Mr. Wallis that you would assist him 
 in keeping his place and that you would write letters to some friend 
 of yours? Did you, in the presence of Miss Patton, tell Mr. Wallis 
 that you would assist him to keep his position, and that you would 
 write a letter to some friend of yours? A. I do not remember of any 
 such a statement. It might possibly have occurred on the ground of 
 saving Miss Patton or assisting her. Mr. Wallis blustered about it a 
 great deal, and the first two or three days I did not know what to 
 
28 
 
 believe and what not to believe. After that I had no hesitancy but 
 I do not recall any such a statement. 
 
 Re-direct Examination. . 
 
 Mr. HoLL — During the time you stopped in the library what did 
 Mr. Wallis do? We were talking about the correspondence a little 
 while ago. What did he do during that time? What labors did he 
 perform? What position did he fill ? What useful purpose was he 
 employed at there? A. It seems rather severe, but T declare I do not 
 know of but one word that will express it, and that is "bluster." 
 
 Q. He occupied his time bj^ blustering? A. Yes; as far as my 
 observation went. 
 
 Q. Did you ever see him write any letters? A. No. 
 
 Q. Did you ever see him do anything about the librarj^? A. No. 
 I cannot recollect of his putting up books. I know that he looked 
 over my check book once or twice and said that notice must be sent 
 to such and such persons, and that he would attend to it, but when 
 I left it had not been attended to. That is as far as I can think of. 
 
 Q. Mr. Johnson spoke about his communicating to you so many 
 things in confidence. Did you ever repel him, or suggest to him 
 that you did not care to hear it? A. Yes, I did. 
 
 Q. How did it occur, and what did you do? 
 
 Mr. Johnson moved to strike out the last answer, because the 
 question was leading and not in re-direct examination, and the 
 motion was denied. 
 
 A. I could not stop him; I tried to, but I did not succeed. 
 
 Q. What did you say to him? A. I told him I did not care to 
 hear those things. 
 
 Q. Did that occur more than once? A. Yes, several times; it 
 occurred several times; I know the circumstances under which it 
 occurred. 
 
 Q. You stated in your cross-examination that a multitude of little 
 things occurred in the library, and that that was one reason that 
 created your sympathy for Miss Patton, and you said that you would 
 not have endured it. M^hat would have been your remedy? A. 
 Well, I would have left. • 
 
 Q. If you had lield the position of Assistant Librarian, and had 
 been subject to that conduct, what would have been your remedy? 
 
 Question objected to and withdrawn. 
 
 Q. You were asked tlie direct question, whether between the tenth 
 and twenth-sixth of July you told Miss Patton about a plot or a job 
 put up to remove her. Did you know at that time of any job or of 
 any disposition on the part of anybody to remove her? A. As I say, 
 shortly before the card of Mr. Wallis appeared in the paper, and I 
 was informed through the papers that she had received this letter 
 from Mr. Wallis, asking for her resignation — I saw her in San Fran- 
 cisco, and she told me about this trouble in regard to the letters, and 
 I remember of saying to her that she had better look out, or some- 
 thing of that kind, and she expressed herself as not being at all 
 afraid. I do not know the date of that card. I do not recollect. 
 
29 
 
 Q. Did you, in that conversation, tell her anything about any job 
 put up to remove her? A. No; I did not know anytliing of it. 
 
 Mr. Johnson — Your p\ace of duty, while you were tliere, was in 
 the main room at the desk, in the room where the books are? A. 
 Yes. 
 
 Q. It was your duty to stay there? A. Yes. 
 
 Q. If anybody was in the Law Library you could not tell what 
 they were doing? A. I had to go in there frequently to consult Mr. 
 Gunn. You must remember that I came here a perfect stranger in 
 the library, and I was not familiar Avith the locations of the books. 
 I learned that as fast as I could, but during that time Mr. Gunn very 
 frequently assisted me. Parties would come in the library and ask 
 for books, and I would not know where to find them. After the first 
 week, or ten or twelve days, I knew something of the way the books 
 were arranged, but I was very often puzzled, and he would come and 
 find the books for me, or else designate the alcove where I would 
 find them. 
 
 The reporter read the question. 
 
 A. No ; not if I was at my desk. 
 
 Q. If any one was in the Librarian's private office you could not 
 tell what they were doing there when you were attending to your 
 duties? A. No ; not if the door was closed, and if I did not happen 
 to go in there. 
 
 Q. If the door was wide open, or if it was off its hinges, can you see 
 into the Librarian's private office from the desk where you used to 
 be? A. No. 
 
 Q. Is it the Librarian's duty to put up the books? A. No; not as 
 I understand it. 
 
 Q. You found fault with Mr. Wallis for that reason? A. I simply 
 stated that fact as incidental; perhaps it was unnecessary. I was 
 trying to think what I had seen him do, and that occurred to me. 
 
 Q. Were there enough assistants and help in the library to attend 
 to the business? A. Yes; although some days it was very hard work. 
 
 Q. Some days you had to earn your salary more than on other 
 days, although you unfortunately did not get a salary; but those 
 that got salaries had to work some days harder than others? A. I 
 think Mr. Gunn had to work very hard, and I felt tired. 
 
 Q. Did Miss Patton tell you why she was not afraid of Mr. Wallis? 
 A. No; she did not. 
 
 EVENING SESSION. 
 
 Testimony of Hattie R. Kelsey — Resumed. 
 
 Mr. HoLL — Miss Kelsey desires to make a statement in reference 
 to a part of her testimony given this afternoon. 
 
 A. On reflection I have thought of something that I had forgotten, 
 and I desire to have it right, and that is in regard to my meeting 
 with Miss Patton in San Francisco, in the early part of July. When 
 one of the gentlemen asked me if I did not tell Miss Patton that 
 
30 
 
 there was a conspiracy formed to get rid of her, I did, and these were 
 the circumstances: Just after my return to San Francisco last 
 Winter, a friend in Oakland came to me and said that Miss Patton 
 was going to lose her position. I said, "No." She was a friend of 
 Miss Patton, and she was anxious about it. I said "No." She said, 
 "She is; I know positively." And she said it came from a very 
 reliable source. I told Miss Patton this statement, and I understood 
 from what she said that Mr. Wallis had no authority to discharge 
 her. I gained that impression from what she said, and just after 
 this conversation I saw this friend, and I told her I wanted to know 
 more of the details, and she replied that the position was offered to 
 a teacher in the City of Oakland, and that the teacher had said that she 
 would accept the position, and when that lady found that it was the 
 position occupied by Miss Patton — it had been simply tendered to 
 her in connection with the State Library — when she found out that 
 it was the position occupied by Miss Patton, she declined to have 
 anything to do with it, but it was offered to her in good faith. I 
 entirely dismissed it from my mind, and this afternoon, when the 
 question was asked, I did not remember it at all until after I had left 
 and thought over the matter, and had spoken to Miss Patton about 
 it, and she called my attention to that fact. 
 
 Q. That is the substance of what you stated in reference to her 
 removal? A. Yes. 
 
 Mr. Johnson — Did I understand you to say that you told Miss 
 Patton that some friend of yours in Oakland told you that she was 
 going to be removed, or did you tell Miss Patton that somebody said 
 to you that Mr. Wallis was going to remove her, or did you tell her 
 that Mr. Wallis was going to remove her? A. I did not state in 
 regard to that, because I did not know. My impression was, and 1 
 think I must have conveyed the idea to her, that in some way there 
 was a conspiracy formed. I did not know how. My friend did not 
 tell me. She was pledged not to. 
 
 Q. You did intimate to her that there was a conspiracy? A. I do 
 not know whether I used the w^ord " conspirac}'^ " at all, but that 
 would perhaps express it to a certain extent. I gave Miss Patton my 
 authority. 
 
 Q. Who was that authority? A. I will give the name to the mem- 
 bers of the Board, and of course the Board can make such disposi- 
 tion of the name as they desire. 
 
 Q. What is the name of your informer? A. I reply that I will 
 give it to the members of the Board — to the Chairman of the Board. 
 
 Mr. Johnson moved to strike out all of the witness' testimony in 
 reference to what she was told in Oakland, and as to what she told 
 Miss Patton — all of the testimony she has given this evening in 
 response to Judge HoU's questions. 
 
 The Board struck out all the witness' testimony given during the 
 evening, except what she said to Miss Patton. 
 
 Mr. Johnson — Do you consider yourself competent to judge as to 
 the proper use of language, and the proper expressions to be used by 
 a State Librarian, in transacting his business? 
 
 Objection sustained. 
 
31 
 
 Q. I understood you to say that you thought his manner was 
 undignified. Do you consider yourself competei,\t to judge as to 
 that? A. That is -my opinion. I consider myself; yes. 
 
 Q. I understood you to say that he used commonplace phrases. 
 Do you consider yourself competent to judge as to what a common- 
 place phrase is? A. Yes; I have my idea in regard to it; it might 
 differ from yours. 
 
 Q. Do you consider yourself competent to judge as to that? A. I 
 cannot consider myself particularly competent for anything as I 
 view life. We might consider ourselves competent while from another 
 standpoint it would be a very different matter. We have no right 
 to lay down the laws by which others should be judged. We can 
 lay down our own laws. According to the best of my ability I judge, 
 but I do not claim that it is infallible. 
 
 Q. You have judged to-day, and under oath have testified in refer- 
 ence to Mr. Wallis, and have given the most damaging testimony 
 you could possibly consistent with the truth against him. Now, I 
 ask you the question if you consider yourself competent to judge as 
 to what is a commonplace phrase? You used the ex[)ression your- 
 self? A. Yes; I do from my standpoint. 
 
 Q. Will you tell me if, when I use this expression, whether it is a 
 commonplace phrase: ''Mr. Davis is suffering from a circumscribed 
 subcutaneous inflammation characterized by a pointed pustular 
 tumor suppurating with a central core?" Would that be a common- 
 place phrase or not? A. No; very few would use it. 
 
 Q. Do you understand the meaning of that? A. It conveys an 
 impression to my mind. 
 
 Q. Do you know the meaning of that expression that I used? A. 
 If you will say it over again I think I can comprehend it. 
 
 Q. "Mr. Davis is suffering with a circumscribed subcutaneous 
 inflammation characterized by a pointed pustular tumor suppurating 
 with a central core." It is a boil. A. I would like a copy of it. 
 
 Testimony of R. M. Clarken. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. HoLL— Your name is R. M. Clarken ? Answer — Yes. 
 
 Q. You are a resident of Sacramento City, of course ? A. Yes. 
 
 Q. Do you know the State Librarian, Talbot H. Wallis ? A. Yes, 
 for several years. 
 
 Q. Have you been in the library a good deal during that time? 
 A. Yes; from time to time, very frequently. 
 
 Q. Were you in the library a good deal during the session of the 
 last Legislature? A. Yes, I think I can safely say I was in the 
 library last Winter or during the last session of the Legislature, 
 more than during any previous session, except perhaps the session of 
 1875-6, when I was a member, for the reason that I had a bill that 
 I was engineering or trying to engineer through. 
 
 Q. Did you pass it? A. Yes, I passed it. 
 
32 
 
 Drinking and Smoking. 
 
 Q. Mr. darken, you are a lawyer, yourself, and I do not want to 
 ask you the questions. I will ask you the general question, to tell 
 what you know, if you know anything, and all that \'ou know, in 
 reference to the use of liquors in any portion of the library dur- 
 ing the session of the last Legislature? A. Well, from personal 
 knowledge I know that gentlemen from time to time, members I 
 think, and perhaps others, have drank in the Librarian's private 
 office ; that is an answer in general terms. 
 
 Q. Go on now, and state all tliat you know in reference to the ex- 
 tent and the number of times that you saw people in there ; whether 
 it was a custom to go in there, or whether it was only incidentally 
 that some gentlemen went in there to drink ; state all that you know 
 about that? A. I understand the question thoroughly. 
 
 Q. Very well, sir ? A. 1\\ the first place I do not know whether it 
 was a custom or not. It is impossible for me to say. I will say that 
 I have seen them — persons — drink there three or four times. I have 
 seen perhaps one or two go in tliere, while at other times and on one 
 particular occasion, on one evening towards the end of the session, 
 there was quite a crowd, all in one body, took a drink and they went 
 out again. 
 
 Q. Where was this — what part of the library ? A. The Librarian's 
 private office. 
 
 Q. Did you ever observe any liquor there; any packages that con- 
 tained liquor, or such packages as are usually used ? A. I think 
 what liquor was drank — I did not observe it all ; I was not drinking 
 myself. I had been asked and refused. The liquor was taken from 
 a bottle, I think, 
 
 Q. Did you see an}- demijohns tliere? A. No. During the last 
 session of the Legislature I never saw a demijohn to my recollection. 
 
 Q. How much of the time during that session were you in the 
 library? A. Comparatively few times in the private office of the 
 Librarian, for the very reason that my business especially called me 
 into the Law Library. 
 
 Q. Were you in there a great deal? A. I think I might safely say 
 that for the space of three weeks I scarcely missed a day being in 
 this library, and I will explain the cause of it: I wanted to get a 
 hearing before the Judiciary Committee of the Senate, and that 
 committee used to meet immediately after the adjournment of the 
 Senate every day. The bill that I was the author of, and that I was 
 trying to get through, and which finally did pass — the bill for the 
 relief of Saultry, who lost both of his arms at the State Prison — was 
 an important measure, and involved certain questions that I wanted 
 to discuss before the committee, and they promised from time to 
 time to give me a hearing. So I would come here every day in order 
 to be in time. They adjourned so very late in the afternoons that I 
 could not get a hearing until fully three weeks had elapsed. One 
 day i got a hearing of a few moments and they then continued the 
 case for a time — two or three, or four days, perhaps — and the conse- 
 quence was that during that time I was not up here. After that then 
 
33 
 
 I was more or less on hand all the time. After it got to the house I 
 was not np here so often, for the reason that the Committee on 
 Claims to which it was referred in the Assembly, met in the evening, 
 but during that interval I would drop in from time to time. 
 
 Q. During the time that you were in attendance on the library 
 how many times do you say you personally was cognizant of this use 
 of liquor? A. As I said, three or four times; perhaps two or three 
 times; I could not say. 
 
 Q. At such times how many persons were present? A. I think I 
 have at times seen one or two, and one evening towards the end of 
 the session, I, if I mistake not, there were several gentlemen, perhaps 
 five, or six, or seven, that came in there and I chanced to be in 
 there; some of them I was acquainted with. 
 
 Q. Any tobacco used there; any smoking in there; was the room 
 full of smoke? A. No; the room was not full of smoke. I have 
 smoked in there myself for several years past. There was not a room 
 full of smoke. I have smoked in there and I have seen others smok- 
 ing. 
 
 Q. I have reference to the times when you have seen men go in 
 there and drink whisky? A. I do not know whether I have seen 
 them smoking or not. They may have had their cigars in their 
 hands; I do not know whether they did or not. 
 
 Q. You know that was the place where they resorted to a greater 
 or less extent to drink liquor? A. No; I do not know that it was. 
 
 Q. Do not you know that they went in for that purpose? A. I 
 know that after they went in there they got it. I do not know that 
 they went in for that purpose. 
 
 Q. You had been invited in for that purpose? A. No ; I chanced 
 to be invited after I was there. I did not go in to be invited. 
 
 Q. When you were in there you were invited to drink? A. Yes. 
 
 Q. You know that liquor was kept there. A. Yes; I think that 
 somebody' that did not have the privilege to invite me, asked me. 
 
 Q. Is that the reason that you did not take any? A. No; it was 
 because I do not drink, and I think Talbot Wallis at the time said, 
 "darken does not drink." 
 
 Deportitnent of Librarian. 
 
 Q. Did you see a good deal of Mr. Wallis daring the time you 
 stayed in the library? A. Yes; most every day. 
 
 Q,. What do you know, if anything, about his being in the habit 
 of using loud and boisterous language in the library building? A. 
 I have heard Mr. Wallis, from time to time, in a loud voice, hailing 
 somebody or talking to somebody, and that is all. It was in a loud 
 manner. How frec^uently I do not know. 
 
 Q. Enough so as to attract your attention to the fact that as a usual 
 thing he was talking loud and in a manner not in keeping with a 
 person who occupied a position of that kind? A. I have heard Mr. 
 Wallis talk in a loud, stentorian voice, for he has an unusually loud 
 voice anyhow. I have heard him talk in a voice contrary to the 
 rules that are tacked up on the walls of the library, I think, but at 
 
u 
 
 the same time I have heard others violate the same rule time and 
 again. 
 
 Q. I am asking you about Mr. Wallis. In reference to Mr. Wallis, 
 you say you have heard him use language that you su[)pose or be- 
 lieved to be in violation of the rules of the Trustees? A. No. I 
 said I heard him talk in such a loud voice that I regarded it as a 
 violation. 
 
 Q. You regarded it as a violation? A. Yes. 
 
 Smoking in Library. 
 
 Q. Did you ever see Mr. Wallis use a pipe and smoke in the 
 library other than in his private office? A. I would not say posi- 
 tively. 
 
 Q. You remember of his having a big pipe? A. I remember that 
 he has a big pipe, and I have seen him smoking it. 
 
 Q. Have you seen him smoke it in the library other than in the pri- 
 vate office? A. I cannot say that I have; but I have seen him when 
 walking from his private office through the library, or to the Law 
 Library, I have seen him have that pipe in his hand, I think; I 
 would not be positive about that; I have seen him have it in his 
 hand ; I have seen him smoking it in his office ; how often I could 
 not say. 
 
 Q. Have you seen him smoking it in the Law Library ? A. No. 
 
 Q. Or in the miscellaneous library? A. Not to my recollection 
 in there, I think. 
 
 Q. Where did you see him smoking it ? A. In his own private 
 office. 
 
 Q. Do you not remember seeing him smoking it an}'^ other place? 
 A. No, I do not think that I charged my memory with it. 
 
 Q. Do you remember speaking to persons about the fact of his 
 doing that in the general library, in the miscellaneous library ? A. 
 I do not remember it ; no. 
 
 Incomfpetcncy of Librarian. 
 
 Q. Did you ever speak to him upon subjects pertaining to the 
 library? A. In what way do you mean? 
 
 Q. I mean about hiatters pertaining to the library and in reference 
 to books. Did you ever call for any books in there to ascertain 
 whether you could get information upon any subjects? A. No; I 
 think not. 
 
 Q. You never had any such conversation? A. Not to my recol- 
 lection, unless you refresh my memory in some manner or other. 
 Most everything I have gone there for I either knew where to find 
 it, or I 
 
 Q. Did you ever have any conversation with Mr. Wallis on sub- 
 jects in reference to the library in such a way as to impress on your 
 mind his deficiency in the knowledge that a Librarian ought to 
 have? A. No. / 
 
 Q. You never had any such ? A. No; never to my recollection. 
 
35 
 
 Drinking in Library. 
 
 Q,. Did you oversee Mr. Wallis in t.lie library when yon at least 
 thought he was under the influence of liquor? A. No; 1 have never 
 seen Mr. Wallis, at any time in my life, after an acquaintance of ten 
 years — I do not think I ever saw him in that way. 
 
 Mr. Ball — You have seen him frequently during that time? A. 
 I have; I have known Mr. Wallis personally since 1 have lived in 
 this city the last time. 
 
 Mr. HoLL — I speak of the time that he was in the library ? A. He 
 was in the library during the time I speak of. 
 
 Q. I ask, since he has been Librarian? A. That is the question 
 that I have answered already. I say no, and I answered Judge Ball 
 that I have known him for a number of years. 
 
 Q. Do you remember ever being present with other persons em- 
 ployed at the library when Mr. Wallis was in a condition otherwise 
 than that of strict sobriety, and when it was a matter of talk between 
 you and somebody else in the library as to his condition? A. No, I 
 do not recollect it. As I said before, if you can refresh my memory 
 about it, and if I remember it, I will answer it. 
 
 Q. You do not remember it? A. No. 
 
 Cross-examination. 
 
 Mr. Johnson — The time you say you saw these people in the pri- 
 vate office taking a social drink, they were perfectly gentlemanly 
 about the matter? A. Yes, every one of them; I would not have 
 recollected that circumstance had it not been for the fact that one 
 was a member of the Assembly whom I knew. He was a little 
 hilarious and felt jubilant. He had been successful in the passage of 
 a friendly Act that day, and he felt unusually good. I remember 
 there was a crowd in there. 
 
 Q. Everything was polite, gentlemanly, and quiet? A. Yes, as 
 affable as could be. 
 
 Testimony of John H. McKune. 
 Called and sworn on behalf of the prosecution. 
 Untruthfulness of Librarian. 
 
 Mr. Holl — You know the State Librarian, Talbot H. Wallis. 
 Answer — Yes. 
 
 Q. You remember about the time when he was elected to that 
 position? A. I could not tell the date; I recollect the occasion. 
 
 Q. You remember having a conversation with him after that rela- 
 tive to his election? A. I have had several. 
 
 Q. Shortly after the election, or since that time? A. One the same 
 day, and then some time later — weeks, perhaps, later — but I cannot 
 fix the time. 
 
36 
 
 Q. Did you have any conversation, or more than one, wherein he 
 told you the circumstances of his election, wherein he detailed to you 
 the facts about why certain members voted for him? A. He told 
 me some facts about the matter of the election, as to the influences 
 that induced the parties to' vote. 
 
 Q. I would like to have you state them to this Board. These state- 
 ments were not made to you in confidence? They were not confi- 
 dential communications? A. I do not know that there was a,ny 
 seal of secrecy put on them ; they are of a character, however, which 
 I would not want to repeat, simply because I think they would hardly 
 bear publicity. It would hot be creditable to the parties, and, of 
 course, I understood that I was not to talk it in public, not because 
 it was so understood, but I would not tell these things because they 
 might injure some persons. 
 
 Q. Yoii say that you did not consider it at that time as a confiden- 
 tial communication? A. In that way I did not, but the character of 
 tlie statements were such that they ought not to be mentioned. 
 
 Q. Were there any restrictions put upon you? A. Not that I 
 remember of. 
 
 Q. Did they have reference to the reasons why some of the mem- 
 bers of tlie Board voted for him? A. Yes; some part of the conver- 
 sation did. 
 
 Q. I would like to have you state to the Board what he said to you 
 at that time as to why members of this Board voted for him? 
 
 Mr. Johnson objected to the question, as irrelevant, immaterial, 
 not responsive to any of the issues in this case, and not included in 
 any of the charges or specifications in this case. 
 
 The objection was overruled by the Board, Mr. Freeman voting in 
 the negative. 
 
 Mr. HoLL — State what this man said to you about this thing? A. 
 Shortly after the election I was in the Law Library, and Mr. Wallis 
 came in, and I had known that the election was going forward and 
 had heard that he had been elected, but had not heard the particulars 
 of how the vote had been, and I asked him to tell me, as a matter of 
 curiosity, not supposing that it was a secret, and he said that at that 
 time he could not tell me the particulars, but would at some future 
 time. Some weeks later — I cannot tell when it was — in the office of 
 the Librarian, in the presence of Miss Patton, the thing was again 
 called up, and I cannot tell now whether I asked or whether he 
 volunteered to introduce it. He then related to me some of the facts 
 connected with his election. I do not think I can remember all of 
 them. Some of them I can. He gave me to understand that Mr. 
 Belclier voted against him, in violation of pledges; that Mr. Edger- 
 ton for some "time felt inclined to vote against him, and I think he 
 said that Mr. Edgerton had made a motion to continue the election 
 and to not dispose of it on that day; that thereupon Mr. Owen— I 
 think he said — made a speech, or got up and addressed the Board 
 and denounced Mr. Edgerton for wanting a postponement of it; that 
 that meant defeat to Mr. Wallis and the election of somebody else; 
 that Mr. Edgerton finally concluded that he would vote for him, and 
 so announced. I asked him what made the change — what induced 
 
37 
 
 Mr. Edgertoii to make that change. "Oh, he dasen't go back on his 
 word," he said. He said tliat Grove L.Johnson — that the arrange- 
 ment ^^-as made with Grove L. Johnson, by which when Mr. Edger- 
 ton was elected lie was to vote for Mr. Wallis, and it was through his 
 (Wallis') influence that he (Edgerton) was elected, and that Mr. John- 
 son was there, and that — I do not think he .said that Mr. Johnson was 
 ready to resort to violence, nor that Mr. Edgerton did not dare to go 
 back on his promise and vote against him. Now, that is about the 
 substance of that, and I think lie in part reiterated it some weeks 
 later in other conversations in the Law Library. That is about as I 
 remember the conversation. It did not occur to me until recently, 
 and I did not think that it would be necessary to remember it. 
 
 Q. What did he give you as the reason that Mr. Edgerton would 
 not vote against him, why could not he? A. He said he dared not 
 go back on his promise; that he promised Mr. Johnson, and that Mr. 
 Johnson would not let him. 
 
 Q. Did he tell you what means would be resorted to? A. If he 
 did, I cannot tell. That was given to me by somebody about that 
 time, but I cannot tell ; I would not like to state that he said Mr. 
 Johnson was there armed ; I cannot now recall it with that certaintj^ 
 that I would like to say that he told me so. That is about all 
 there is. 
 
 No cross-examination. 
 
 Testimony of R. O. Cravens. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. HoLL — You have been the Librarian for a long time of this 
 library, have you not? Answer — Yes. 
 
 Q. You know Mr. Wallis? A. Yes. 
 
 Q. He used to be in the library when vou were Librarian? A. 
 Yes. ;^ 
 
 Detention mid Opening of Letters. 
 
 Q. You were in the city during January of this present year, were 
 you not? A. Yes. 
 
 Q. State whether during the month of January you ever received 
 a letter from Mr. Wallis that came to the library addressed to you ? 
 A. I did not. 
 
 Q. You say you did not? A. No. 
 
 Q. A letter that came through Wells, Fargo & Co. to the office 
 here? A. No; I did not. 
 
 Q. You never received any such letter at all ? A. No. 
 
 Deportment of Librarian. 
 
 Q. Have you ever heard Mr. Wallis say what Miss Patton said the 
 reasons were why she was removed ? A. I have. 
 Q. Where was that conversation? A. It was in the Law Librar3\ 
 Q. Who was present at that time ? A. Mr. Gunn. 
 
38 
 
 Q. Aiiybod}" else? A. Mr. Church, and I think some other person. 
 
 Q. Was it spoken in a voice that couhi be heard by persons in that 
 room? A. In any part of the room. 
 
 Q. What did he say, now, that Miss Patton said as the reason why 
 he removed lier? A. I will not answer that question when any 
 ladies are present. 
 
 Mr. Johnson objected to the question, as irrelevant, immaterial, 
 incompetent, not responsive to any of the issues in this case, and not 
 covered by any of the charges or specifications in this case. 
 
 The objection was overruled by the Board. 
 
 Mr. HoLL — Answer the question ? A. Well, Mr. Wallis said that 
 Miss Patton was telling around town that the reason why he removed 
 her was that he wanted to sleep with her, and that she would not let 
 him do it. 
 
 Q. You say that he stated that in the Law Library? A. Yes. 
 
 Q. In the presence of a number of persons? A. Yes. 
 
 Q.. And in a voice loud enough for persons present in the room to 
 hear it? A. As our conversation is now. 
 
 Q. Do you know whether he repeated that to other persons at other 
 times? A. I only know from hearsay. 
 
 Q. Only from hearsay? A. Yes. 
 
 Q. Do you know whether he made that statement to other persons 
 than yourself? A. I only know whether he did from hearsay. 
 
 Q. State it?_ 
 
 Question objected to and withdrawn. 
 
 No cross-examination. 
 
 Mr. HoLL — Mr. Gunn, will you come forward and be sworn? 
 
 Mr. Gunn — I decline to be sworn— ;I am an interested party; I 
 decline to be sworn. 
 
 Mr. Edgerton — I move that Mr. Gunn be requested by this Board 
 to take the witness stand. 
 
 The motion was carried unanimously. 
 
 Mr. Gunn — Mr. Gunn respectfully declines. 
 
 Mr. Hinkson — We are desirous that Mr. Gunn will go on the 
 stand, and we hope that he will reconsider. 
 
 After some further discussion by counsel and the Board Mr. Gunn 
 took the stand. 
 
 Testimony of C. E. Gunn. 
 Called and sworn on behalf of the prosecution. 
 
 Correspondence of Library. 
 
 Mr. HoLL — Is there a book kei)t in the library that contains the 
 principal correspondence that is conducted in the library? A. There 
 is. 
 
 Q,. Will you please bring it? 
 
 The witness produced the book. 
 
39 
 
 Q. Is this the book — the letter-book — tliat contains copies of the 
 correspondence? A. Yes. 
 
 Q. How long has this been kept in the library? A. Something 
 over a year; I think about a year. 
 
 Q. How long have you been in the library? A. Sixteen or seven- 
 teen months. 
 
 Q. Have you the book that contains the correspondence prior to 
 this? A. No. 
 
 Q. In whose handwriting are the letters of which those are copies? 
 A. Some of them my own, and some Mr. Wallis'. 
 
 Q. Will you please refer to some of those that are in Mr. Wallis' 
 handwriting? 
 
 Mr. Edgerton — What is the object of this? 
 
 Mr. HoLL — The object of this is to show that Mr. Gunn does all of 
 the correspondence, and we will follow it up by proof showing that 
 he does it because the principal is incompetent to do it. 
 
 The W^iTNEss— That is Mr. Wallis'. 
 
 Mr. HoLL — Give the page? A. Page 24. 
 
 Q. Give the name of the book ? A. It is simply marked "Letters." 
 
 Q. AVhat does it contain? A. It contains letters and correspond- 
 ence with various parties. 
 
 Q. The correspondence of the library ? A. Yes. 
 
 Q. Give us the {)ages where there are copies? A. It does not con- 
 tain all of the correspondence, but a good portion of it. 
 
 Q. Give us the pages upon which are letters, or copies of letters, of 
 Mr. Wallis' correspondence ? A. Pages 23, 24, 25, 82, 33, 41, 42, 46, 49, 
 51, 53, 54, 55, 58, 59, 60, 61, 62, 67, 69, and 70. I expect I ought to call 
 attention to the fact that Mr. Wallis' writing takes very dimly, and 
 that is one reason why I 
 
 Q. Nevermind the explanation now? A. I think the later ones 
 are all in my own handwriting ; I do not see any others ; I think 
 that is all. 
 
 Q. That is all? A. I think so ; I may have overlooked some. 
 
 Q. Is there any book, prior to that time, kept in the library ? A. 
 There is no book prior to that time kept. 
 
 Q. These are all the copies of letters that you have got? A. Yes. 
 
 Q. Now the gentlemen want you to explain. Give the explana- 
 tion that you were going to make? A. The explanation is, that he 
 writes with a gold pen and I write with a steel pen, and the letters 
 are clear-cut, while his are a little blurred, and the consequence is 
 that my writing takes well in the book and his does not. Mine is 
 readily read, and therefore mine generally appears in here, and his 
 does not, wiiere we require copies of letters. 
 
 Q. Do you give that as the only reason why so many letters in 
 this book are in your handwriting? A. No; there is another one. 
 
 Q. What is that? A. He frequently gives me letters to copy, writ- 
 ten in pencil. 
 
 Q. He writes in pencil? A. I do not say he always does; he fre- 
 quently does. 
 
 Q. Why is that done, do you know? When he writes with a pen- 
 cil it would be about as quick to write them with a pen. Do you 
 
40 
 
 know why he writes them in pencil? A. I can hardly say that I 
 can penetrate the secrets of another man's thoughts. 
 
 Q. Do not you know? A. No; I do not know. I know some- 
 times he does write with a pen and sometimes he does not. 
 
 Q,. Now, Mr. Gunn, when you receive copies written in pencil by 
 Mr. Wallis, do you copy them literally, just as he writes them ? A. 
 No. 
 
 Q. Do you use the same words? A. No, not always. 
 
 Q. Do you use the same words and the same sentences? A. No; 
 if I think I can improve it I take the liberty to do it. 
 
 Q. Do you frequently improve it? A. Well, I flatter myself that 
 I have sometimes. 
 
 Q. Is it not a fact that you very often do it? A. As I say, it is not 
 a very frequent occurrence that he gives me letters in that shape. 
 
 Q. As a. matter of fact, do not you correct the letters when they are 
 given to you in pencil? Let me put this question right squarely to 
 you. When you get a letter in pencil from Mr. Wallis, would you 
 send that — a literal copy of it? A.I do frequently. 
 
 Q. You do frequently? A, Yes. 
 
 Q. You copy them literally? A. Yes. 
 
 Q. And you use his capital letters? A. Yes. 
 
 Q. And punctuate it as he does? A. Punctuation I do not know 
 much about; I am not very particular about that ftiyself. 
 
 Q. Sometimes you do not correct the spelling or the grammar? A. 
 I do not know about that; I never pay very much attention to spell- 
 ing. 
 
 Q. In conducting correspondence with foreign governments you 
 are somewhat i^articular? A. Yes; certainly. 
 
 Q. You do not send letters with words that are mispelled — pal- 
 pable errors in orthography? A. No. 
 
 Q. Do not you frequently find it necessary to correct the spelling 
 of Mr. Wallis? A. Once in awhile a word is mispelled. 
 
 Q. Is it frequently, or once in awhile? A. It is not frequently. 
 
 Q. Can you state to this Board that you ever wrote a single letter 
 ■Written by Mr. Wallis that you made absolutely a literal copy of and 
 did not correct any portion of it? A. I think I have; I could not 
 testify to that. 
 
 Q. You can testify whether you have or not? A. No; I could not. 
 
 Q. Well, as to your best judgment? A. I think I have. 
 
 Q. How many? A. Well, that I cannot tell, for I do not know 
 whether I have or not. It would be very singular for me, then, to 
 testify as to how many. It is my best judgment that I have. 
 
 Q. You would not be willing to state as a positive fact, that that is 
 true. It is simply your best judgment? A, No; I would not. 
 
 Q. As to the number of such letters, of course, you have no idea as 
 to whether there were one or two or half a dozen? A. No; I could 
 not state. 
 
 Q. Now, what is your position in this library ; what are your duties 
 in this library? 
 
 Mr. Johnson objected to the question, as irrelevant, immaterial, and 
 incompetent, and the objection was sustained. 
 
41 
 
 Mr. HoLL — You hold a position in this library? A. Yes. 
 
 Q. What is the title of the position — what relation do you sustain 
 to it? A. Deputy Librarian. 
 
 Q. As such do you have any duties that are allotted to you as 
 deputy in the library? 
 
 Same objection — sustained. 
 
 Q. Now, then, is the duty of conducting the correspondence of this 
 library delegated by your chief to you? A. No. 
 
 Q. It is not? A. No. 
 
 Q. Then are there any other particular duties in the library dele- 
 gated to you? 
 
 Same objection — sustained. 
 
 Q. Tell this Board why you conducted the larger part of this cor- 
 respondence? A. Because he would bring some letters into my 
 room, the Law Library, and I would read them over, and he would 
 say that he wanted such and such an answer, and I answered them, 
 or if he wanted such and such a letter written I would write it when 
 he requested me to, but I did not understand that this was my duty. 
 
 Q. You did it because he requested you to do it? A. Yes. 
 
 Q. Now, did that occur at times w'hen he was employed in other 
 business, so that he could not himself attend to it? A. Well, usually, 
 he has something else on hand. 
 
 Q. Now I want you to state the facts to this Board? A. I really 
 do not know, because I occupied one side of the building and he the 
 other. I do not know what he was doing in there. 
 
 Q. Do you know, as a matter of fact, from your own observation, 
 and your conversations with Mr. Wallis upon this subject, do you 
 not know that he brings a great deal of this correspondence to you 
 because he considers himself not qualified to conduct it? A. No; I 
 do not think he brings it for that reason. 
 
 Q. Now, do not j'ou think that? A. No. 
 
 Incompetency of Librarian. 
 
 Q,. Now, Mr. Gunn, your duty, as you have stated, is in the Law 
 Library? A. I am usually there. 
 
 Q. Are you sometimes called into the general library for the pur- 
 pose of ascertaining whether you could find books in that depart- 
 ment? A. Once in awhile; not very often. 
 
 Q. Have you been referred to by Mr. Wallis, your superior, to 
 ascertain whether such and such books were in the library ? A. No, I 
 do not think by Mr. Wallis; I do not recollect any time that I have. 
 
 Q. You do not remember that? A. No. 
 
 Q. Being in the library there so much, do you know whether Mr. 
 Wallis is fully acquainted with tlie condition of the library so as to 
 be able to tell people what works he has upon difi'erent branches of 
 learning? A. Well, I do not know that I have ever seen him tested 
 in that way, but as to knowing where books are, when asked for, he 
 knows very accurately. 
 
 Q. He knows the case? A. Yes. 
 
 Q. When people come in there and ask him if he has a work on a 
 
 6 
 
42 
 
 subject, naming it, does he know enougli about the library to know 
 whether he has it or not? A. In the general department I cannot 
 say that I have ever heard the question asked. 
 
 Q. Have ever persons come to you and asked you whether you 
 knew if such and such books were in the miscellaneous library? A. 
 Yes, sometimes. 
 
 Q. At times when Mr. Wallis himself was in the library? A. Yes, 
 I think so. 
 
 Deportment of Librarian. 
 
 Q. Have you ever observed Mr. Wallis when visitors came into 
 your library — did you ever observe his conduct in reference to show- 
 ing people through the library and informing tliem as to what he has 
 there to show? A. I have seen him frequentl3^ 
 
 Q. Have you been with him through the library to observe the 
 manner in which he would show people around? A. If he went 
 with the visitors, certainly I did not. 
 
 Q. Did you sometimes go? A. Sometimes. 
 
 Q. Did you go when he was there? A. Yes. 
 
 Q. Did you ever go with them for the purpose of keeping Mr. Wal- 
 lis from going with them himself? A. No. 
 
 Q. Did you ever do that? A. No. I do not hanker after that kind 
 of a job. 
 
 Q. I do not suppose you do. The question I want you to answer 
 is, whether, from your observation and knowledge of Mr. Wallis, 
 and the manner in which he conducts the librarj^ you have taken 
 upon yourself at times to show people through the library because 
 you believed you could do it better and more satisfactorily than Mr. 
 Wallis? A. No; I do not know that I arrogate to myself that. 
 
 Q. Did you ever talk with people about that matter ? A. I think 
 possibly I have. 
 
 Q. You think you have? A. Yes; I think I have criticised some 
 ways that Mr. Wallis had in reference to that. 
 
 Q. You have criticised him to the extent of saying that you did 
 not think that he had the qualifications 
 
 Mr. Johnson objected to the question, as irrelevant, immaterial, 
 incompetent, and leading, and that the witness has made the state- 
 ment that he has not. 
 
 Mr. HoLL — What has been the subject of these critical remarks on 
 that matter? 
 
 Mr. Johnson objected, on the same ground. 
 
 Mr. Edgerton — Let him state the conduct that he criticised? * 
 
 A. Well, when I first came here, before I was much acquainted 
 with Mr. Wallis, I think criticisms weie made at that time; I know 
 there were. I thought at that time that there were times when he 
 was exceedingly nervous, and I sometimes laughed about it and crit- 
 icised it. He has sometimes a nervous manner of conducting vis- 
 itors rapidly from one place to another. That is about the extent of 
 my criticism. 
 
 Mr. HoLL — Now, have not you taken his place verv frequently in 
 that matter? A. I do not think I have. 
 
 No cross-examination. 
 
43 
 
 Mr. HoLL — We offer that letter-book in evidence before tlie Board. 
 It was referred to in the evidence of Mr. Gunn. 
 
 Tiie Board adjourned to further hearing, until to-morrow morning, 
 at nine o'clock. 
 
 On Wednesday, September 5, 1883, the following additional testi- 
 mony was taken before the Board : 
 
 Mr. Edgkrton read a note from Mr. Freeman, stating that he had 
 been suddenly called to San Francisco because of the death of his 
 brother-in-law. 
 
 Mr. Edgerton was unanimously elected as the temporary presid- 
 ing ofticer of the Board, and it was understood by both parties that 
 Trustees Freeman and Belcher will participate in the final deter- 
 mination of the matter, and that the testimony as transcribed by the 
 Official Reporter will be submitted to them. 
 
 Testimony of Miss M. A. Patton. 
 
 jC^^alled and sworn on behalf of the prosecution. 
 
 Mr. HoLL— Your name is Miss M. A. Patton? Answer— Yes. 
 
 Q. State how long you have been connected with the library? A. 
 I came into the library the first of May, 1882, and I was employed 
 to the thirty-first of July. 
 
 Q. State whether you have been, during that time, all the time em- 
 ployed in the library, and if so, in what capacity? A. Since that 
 time as Assistant Librarian or Deputy Librarian. 
 
 Q. You were then in the library during the last session of the 
 Legislature? A. Yes. 
 
 Drinking and Smoking. 
 
 Q. State now to this Board what you know, if anything, in refer*- 
 ence to the library, or portions of it, being used for the purpose of 
 drinking liquor and using tobacco ; state just what you know about 
 it from your own observation ? A. I know that there was consid- 
 erable drinking in the private office, in that part of the library ; I 
 saw there several demijohns that were sitting around ; they were 
 sometimes in my way when doing my work, and it was one time only 
 that I saw one carried in ; that was a very large demijohn of four 
 gallons; very frequently, indeed, I saw persons in there drinking. 
 
 Q. First tell, as to this place, where these demijohns were ; who 
 used that place as regards persons employed about the library? A. 
 Weil, all persons were likely to go in there; my duty there was to 
 put away the papers every morning ; the daily papers. 
 
 Q. That was the part of your duty that took you into that place? 
 A. Yes. 
 
 Q. And in reference to making it a convenience for your lunch- 
 basket and hat? A. It was in his office w^here these demijohns were. 
 
44 
 
 Q. I am asking as to the place, as to what use you made of it, if 
 anj'? A. Yes, I used it for my lunch-basket, and my wraps, and I 
 was frequently called in there for various purposes. 
 
 Q. Was the waslistand in there ? A. Yes. 
 
 Q. Now, just state to the Board when you first observed that there 
 were any considerable quantities of liquor used in there? A. It was 
 during the session of the Legislature that I first observed it. 
 
 Q. The beginning or the latter part of it? A. Well, it was not 
 right at the beginning, but it increased, and, at the latter part there 
 was a great deal more of it than at the first; in the early part I ob- 
 served it to a certain extent, but towards the latter part there was a 
 great deal more drinking than in the early part of the Legislature. 
 
 Q. You speak of demijohns being in there ; how many, and what 
 sizes were those demijohns; how much would they contain? A. I 
 remember a four-gallon demijohn, and a two-gallon demiiohn,anda 
 one-gallon demijohn. 
 
 Q. Three of them? A. Yes, three of them. 
 
 Q. They were kept in this place ? A. Yes. 
 
 Q. In that part of the library? A. Yes. 
 
 Q. Go on and state to the Board the extent to which that room 
 was used as a place for drinking; state it in your own way, as to 
 what you observed, and as to how frequently people would go in 
 there, and as to the number of people that you would see in there? 
 A. Well, I observed that they would go in, three or four together, 
 and it was an hourly occurrence during the latter part of the Legis- 
 lature, persons would go in the office ; I have gone there for my hat 
 and wraps when I would have to withdraw. 
 
 Q. On account of what ? A. On account of the drinking. 
 
 Q. On account of the room being full of men drinking there ? A. 
 Yes. 
 
 Q. During what length of time did that continue; you say that at 
 first it was not so much a custom to use that room for that purpose; 
 during the latter part of the session, how many weeks, or how many 
 days, did this continue; this going into that place hourly, as you 
 express it; how many days or weeks did that continue? A. It con- 
 tinued until the close of the Legislature. 
 
 Q. Through how many weeks before the close of it had it become 
 so that it was a regular resort? A. Well, I should say the last month 
 of the Legislature. 
 
 Q. Now, during that last month of the session of the Legislature, 
 how frequently during the day, for instance, would men go iiiXo that 
 room, and what number — I mean into that portion of the library? 
 A. Well, they went in verj'^ frequently. I could not say just how 
 many I would see go in there during a day, but it was a very large 
 number of persons. If I had kept an account of the persons that 
 went in there during a day it would be a very large number, because 
 they went in frequently in twos, threes, and fours together. 
 
 Q. How many did you see enter together at any one time? A. 
 From eight to ten is the largest number I ever saw enter it at any 
 one time. 
 
45 
 
 Q. You say that you think that there were as many as eight or ten 
 at a time? A. Yes. 
 
 Q. Entered at one time? A. Yes. 
 
 Q. What were the facts in reference to smoking — filling the room 
 with tobacco smoke ? A. Well, there was considerable smoking, too. 
 
 Q. Was it a matter of frequent occurrence that 3''ou had occasion 
 to go there, when you did not go there on account of the room being 
 full of men drinking? A. It did not occur but a few times. 
 
 Q. How did the men go in there; which way did they go into 
 that part of the library? A. Through the general library. 
 
 Q. Through the general entrance to the librarj' ? A. Yes. ' 
 
 Q. Would they retire and go out that way? L. Yes. 
 
 Q. How many times did you see liquor taken into that library — 
 into that portion of it? A. Only once I saw it brought in there. 
 
 Q. How was it then taken in? A. Through the entrance to the 
 office — to the private office. 
 
 Q. Through the private office? A. Yes. 
 
 Q. How was it taken in? A. It was carried in by a gentleman, 
 but I do not know who he was. It was early in the morning when 
 he brought it in. I do not know who he was. 
 
 Opening and Detention of Letters. 
 
 Q. You were in the library in January of this year? A. Yes. 
 
 Q. State what you recollect about a letter being brought into the 
 library addres%ed to Hon. R. O. Cravens, if you recollect anything of 
 such a circumstance? A. I recollect one morning being in the 
 office, and as near as I can tell the date, it was the twentj^-first of 
 January. It was near that time. I was at my table, and a Wells, 
 Fargo messenger came in with a letter in his hand, and I arose from 
 the table and stepped forward and received the letter. On looking 
 at it, I noticed that it was addressed to Hon. R. O. Cravens. I heard 
 Mr. Wallis coming from the Law Library, and I stepped on down and 
 said to Mr. Wallis, "Here is a letter for Mr. Cravens that has been 
 left here," and he passed on into his office, and I went back to my 
 table. In a short time after that I went into Mr. Wallis' private 
 office to ask him some trivial question about some matters in regard 
 to the library, and he was sitting at his table writing, and he said to 
 me, after I had asked this question, he said, "I just threw that letter 
 into the fire that was left here for Mr. Cravens. I am not going to 
 keep an}' more of his letters or take care of them." 
 
 Q. State whether or not a letter came to the library some time in 
 Februar\% addressed to you, that had been tampered- with, and if so, 
 state all the circumstances in reference to that letter? A. On the 
 twenty-fourth of February, Mr. Wallis sent me word that there were 
 <hree letters and a package in the library for me. He sent word by 
 my mother, having met her at Mrs. Armstrong's. 
 
 Q. Where were yo'u then? A. I was at home; it was when I was 
 sick, and I was not in the library. My mother came back and told 
 me, and I got a gentlemen to go over— sent a gentlemen over — to 
 the library to bring me my mail. On opening one of those letters I 
 
46 
 
 discovered that the seal had been broken. I will not say that this 
 has been done by any one intentionally; it might possibly have 
 been done by the writer having opened it after writing the letter. I 
 wanted some one else's opinion as well as my own to know whether 
 that seal had been broken, so I showed that envelope to three or four 
 different persons and asked them their opinion as to the seal having 
 been broken. 
 
 Q. Who are they? A. I showed it to Mr. Maslin — Mr. S. P. Mas- 
 lin ; also to Mr. R. M. Clarken and to Mr. C. E. Gunn. 
 
 Q. You say that you were notified that the letter was in the office ? 
 A Yes 
 
 Q. By Mr. Wallis? A. Yes. 
 
 Q. What were the marks upon the letter — the indications that it 
 had been opened? 
 
 Mr. Johnson — We would like to see that letter. The letter itself 
 is the best evidence, and we object unless they show the letter. 
 
 The Board sustained the objection. 
 
 Mr. HoLL — State what became of that letter, as far as you know; 
 what became of the letter and the envelope? A. Well, I gave it to 
 Judge HoU — the envelope, and a portion of it that I had still in my 
 possession. 
 
 Q. State whether that is a portion of the letter [handing a paper 
 to the witness]? A. Yes; I recognized it at once. 
 
 Q. Just state how it happened to be in the condition in which it is 
 now? A. I wished to send it to the writer of the letter, and as I only 
 had a small envelope at the house I cut it down to s^d it and sent 
 that portion. 
 
 Q. State whether that is in the condition that it was at the time 
 you received the letter — the indications there? 
 
 Mr. Johnson objected, as immaterial, irrelevant, incompetent; and 
 further, that the witness has testified that she has herself intention- 
 ally destroyed and mutilated this piece of evidence, and therefore 
 she is not entitled to give testimony in relation to it; she is not enti- 
 tled to give testimony in relation to this until she produces it all. 
 
 Mr. Edgerton — The Board are unanimously of the opinion that 
 the testimony is admissible. It does not appear at this stage of the 
 examination that this lady destroyed this or mutilated this paper for 
 the purpose of manufacturing testimonj'. The testimony is admis- 
 sible, subject to her explanation of the mutilation. The objection is 
 therefore overruled. 
 
 Mr. HoLL — Now, look at it and just state? A. Yes; that is the 
 condition it was in when I received it. 
 
 Q. Now, state how you opened the letter when you received it; in 
 what manner and how you observed it or discovered it? 
 
 Mr. Johnson — I desire to add to the objection that this is not all 
 of the envelope, and that the balance of the envelope is in her pos-* 
 session. 
 
 Mr. HoLL — The portion you had is the portion you gave to me? 
 A. Yes. 
 
 Mr. Edgerton — Do you mean to state that you have the remainder 
 
47 
 
 of tliat envelope? A. No, I do not; my answer was that the portion 
 tliat I had in my possession I gave to Judge Holl, and tiiat is it. 
 
 Q. This is the portion? A. Yes. 
 
 Q. The rest of it is not in your possession; do you know where it 
 is? A. After I cut it off I did not keep any track of it at all. 
 
 Mr. Holl — Now there is a sealed envelope; just show to the Board 
 of Trustees how you opened that letter, and how you discovered 
 that? A. The envelope had a stamp on. There was a stamp on the 
 envelope here [indicates], and it stiffened the paper a little, and in 
 opening it I held it in my hand this way [indicates], and the way I 
 opened it,*it tore right around the stamp. 
 
 Q. Tearing the stamp off? A. In taking hold of it I took hold of 
 it that way [indicates], and it tore it in that way. That is the way I 
 happened to discover it, and this is the portion of the envelope that 
 looked a little strange to me [indicates]. Then I tore it off in that 
 way, to look underneath at the seal, and this is the seal of the enve- 
 lope. 
 
 Q. That is at present in the condition in which it was after you 
 tore off the other end of it? A. Yes. 
 
 Mr. Edgerton — Is it possible that you might have torn that your- 
 self down there when you opened it? A. I do not see how it is pos- 
 sible. 
 
 Q. You do not think it is possible? A. No; I do not think it is 
 possible at all. 
 
 Mr. Holl — Take that envelope and satisfy yourself whether you 
 could have torn it in that way, and how you could do it without 
 knowing it. Take that envelope. How could you, by tearing off 
 this, as you have shown — how could you have torn that part of it 
 without knowing whether you did it or not? A. No; certainly not. 
 I do not think it is possible. Of course it is not possible. 
 
 Q. When you exhibited this letter to the gentlemen you have 
 named, was the envelope complete then, except the tearing that you 
 had done? A. No; I had cut it off to send it away, I think, before 
 I showed it to any one. 
 
 Q. Before you showed it to any one ? A. Yes ; I think it was in 
 that condition when I showed it to the gentlemen — in the condition 
 it is in now. 
 
 Q. Where did that letter come from ? A. That letter came from 
 San Jose. 
 
 Q,. Who wrote it? A. Mr. Owen. 
 
 Q,. Did you learn yourself of Mr. Owen after you cut it in that way — 
 did you send it back to him or did you not? A. No; I did not 
 send it. After cutting it off to send it I concluded that I would keep 
 it myself. 
 
 Q. You did not return it? A. I did not return it. 
 
 Q. What was your object in cutting off the portion of the envelope 
 that is not now here ; did you have any other reason than because it 
 was too large to go in the envelope that you wanted to inclose it in ? 
 A. No; there was no special reason, only it was considerably torn 
 on the outside of the envelope, and it would take room, and it would 
 
48 
 
 have to be folded in, and I thought that was all I wanted to show 
 him. 
 
 Q. Was there any other reason than that that you had? A. No; 
 that is all. 
 
 Q. State whether, on or about the second day of April of this year, a 
 letter came through Wells-Fargo's Express office to the library 
 addressed to you, and what the facts were with regard to that letter 
 being delivered to you? A. On the morning of the third of April, 
 when I came into the library I found a Wells-Fargo letter laying on 
 my table. On opening that letter I found that I should have received 
 it the day before — twentj^-four hours earlier than I did. T went into 
 the Law Library and called Mr. Gunn and Mr. Frank Freeman, and 
 I said 
 
 Mr. Johnson— Was Mr. Wallis there ? A. No. 
 
 Mr. Johnson — AVe will make no objection to it. 
 
 A. I wanted to find out what was the cause of the delay ; whether 
 the delay had been here in the library or in the deliver}^, and that 
 was why I went to Mr. Frank Freeman and Mr. Gunn. I said to 
 Mr. Freeman, "Did you lay a letter on my table?" He said " No." 
 He said that I need not ask him any questions; that he was not 
 going to criminate anybody. I found out that he had not laid it 
 there, so I went down to the Secretary of State's office and telephoned 
 down to Wells-Fargo, stating that I had received a letter that should 
 have been delivered to me sooner, and I wanted to know the cause 
 of the dela3^ They telephoned back to me that the messenger was 
 not in and they could not tell me. Between twelve and one o'clock 
 on that day I called at Wells-Fargo's office and saw the messenger 
 boy, and he told me that he had delivered my letter on Monday 
 morning, the second of April. 
 
 Mr. HoLL — To whom ? A. He did not there tell me to whom. I 
 came back to the library and I asked Mr. Wallis why it was he had 
 not delivered the letter to me the day before, and he said "I know 
 nothing about your letter." I then went down to the Secretary of 
 State's office and telephoned to the messenger — had a telephone sent, 
 rather — ''To whom was my letter delivered yesterday morning, and 
 at what hour?" They answered, "At nine o'clock, to Mr. Wallis, in 
 his office, sitting at his table." 
 
 Q. What time did you say you received that letter? A. I re- 
 ceived 
 
 Q. As compared to the time when you were informed that it had 
 been delivered to Mr. Wallis sitting at his table? A. It was twenty- 
 four hours later before I received it. 
 
 Q. Twenty-four hours after that ? A. Yes. 
 
 Q. Did you ever ascertain who laid that letter on your table? A. 
 Well, I believe Mr. Brown afterwards told me that he laid it on my 
 table. 
 
 Q. Who was Mr. Brown? A. Well, he was a gentleman that was 
 around the library a good deal, and he used to work for Mr. AVallis 
 I think. I do not know whether he was employed by the Trustees 
 to do anything or not, but I know he was around here a good deal. 
 
 Q. Just state what Mr. Brown said about the letter, and what 
 
49 
 
 occurred, if artything, in reference to Mr. Wallis and others talking 
 about that letter, and what you know about Mr. Wallis asking Mr. 
 Brown as to what he knew about that letter. State the whole cir- 
 cumstance. 
 
 Question objected to and withdrawn. 
 
 Q. State what you heard Mr. Wallis say, if anything, or what ques- 
 tion he asked Mr. Brow^n in reference to that letter? A. I do not 
 know what question he asked Mr. Brown. I know he called him 
 into his office. I know Mr. Brown went into his office, and the door 
 was locked — closed. 
 
 Q. What time was this as regards your receiving the letter? A. It 
 was in the afternoon after I had telephoned down the last time. 
 
 Q. Had you talked with Mr. Wallis then at that time about the 
 letter? A. Yes. 
 
 Q. Had you had any controversy with him about the letter not 
 being delivered in time? A. Yes. 
 
 Q. There was some little difficulty about it? A. Yes. 
 
 Q. Then what occurred ? You say he called Mr. Brown into his 
 office. Just state, now, what there was peculiar about the matter of 
 his calling Mr. Brown into his office, as far as you know? A. I know 
 that he called Mr. Brown in, and the door was closed and locked, 
 and Mr. Brown came out of his office — out of the other door opening 
 into the hall, and came back into the library at the front door, and 
 Mr. Wallis opened the door of his office and called to Mr. Brown as 
 he came in — " Did you see any letter laying around here for Miss 
 Patton?" He said: "Yes; I saw one and laid it on her table this 
 morning." Mr. Wallis said : " You hear, Miss Patton, that Mr. Brow'n 
 laid your letter on your table?" I said I thought that it was a very 
 strange proceeding. 
 
 Q. Just before that occurred you say Mr. Brown went into Mr. 
 Wallis' office and the door was locked? 
 
 Mr. Johnson — She has answered that question. 
 
 Mr. HoLL — Which way, then, did Brown leave the office? You 
 mean that Mr. Brown must have gone out through the door that goes 
 into the corridor? A. Yes; there is no other way for him to get out 
 of there. 
 
 Q. And then returned through the other door? A. Yes. 
 
 Q. How^ soon was that after he went into the office when the door 
 was locked? A. Not to exceed fifteen minutes. 
 
 Q. What was the custom in the library as to the delivery of letters? 
 To whom were they delivered, and how were they distributed around 
 among the employes of the librarj^ — the mail that came there? A. 
 The mail that came when we were not here was generally left in 
 the office until we came. 
 
 Q. Just explain where it was left, whether there was any place 
 that 3^ou could go and look for your mail? A. Sometimes it was left 
 on the table, and at other times it was in the delivery box at the side 
 of the door. 
 
 Q. On this morning, before you found the letter on your table, did 
 you look for any mail in the library for you — any letters? A. Yes; 
 
50 
 
 when I came on Monday morning I looked in the box, and looked 
 around on the table, and on the high table that stands there also, to 
 see if there was any mail for me, as it was Monday morning and I 
 had not heard from the Post Office over Sunday, and I found none. 
 
 Q. Were those the places where the mail was usually left if any 
 was received? A. Yes. 
 
 Q. Did you look at all the places where you would usually find 
 your letters? A. Yes. 
 
 Q,. And that Monday morning was the morning that you learned 
 that the letter was delivered to Mr. Wallis? A. Yes. 
 
 Deportment of Librarian. 
 
 Q. You stated in the first of your testimony that you had been in 
 the library for how long? A. Since May 1, 1882. 
 
 Q. Over a year? A. Yes. 
 
 Q. Of course you were during that time most of the time in the 
 library, were you? A. Yes. 
 
 Q. You saw a great deal of Mr. Wallis while you were in that posi- 
 tion ? A. Yes; I saw him, of course, all the time that he was in the 
 library. 
 
 Q. State what you know, from your observation, in reference to 
 Mr. Wallis indulging in loud and unseemly talk in the library, as to 
 whether it was such conversation as attracted the attention of peo- 
 ple? A. Well, he has a very loud voice and he used it around the 
 library in the same loud tone that he usually does, and it was com- 
 mented upon very frequently. 
 
 Q. Can you give an}^ instances particularly ? A. I remember of 
 one instance, in particular, when he was in the Law Library, and he 
 was talking very loud, and on a rather disagreeable matter, and a 
 lady was sitting by the side of me, and she said, " Is not that awful ?" 
 
 Q. State what you know, if anything, in reference to his general 
 conduct in reference to matters pertaining to the library, and his 
 disposition to interrupt you in your business, or at times when you 
 were engaged in proper subjects about the library with people, as to 
 his conduct towards you in those matters — not as to you, particu- 
 larly, but generally as to his conduct? A. Well, he seemed to be 
 very prying in his disposition, and very frequently would intrude 
 himself when I was talking to strangers, persons visiting the library. 
 
 Q. In what way? Explain that fully, how that came about, as 
 far as you can? A. Well, he would often come up and speak to me, 
 and ask me questions that certainly were unnecessary at that time. 
 
 Q. On what occasions would this occur; when persons were pres- 
 ent in the librarj^ and when you were engaged in talking to them 
 about library matters — visitors? A. Yes. 
 
 Q. State how he conducted himself at such times? A. Well, I do 
 not know anything more. 
 
 Q. Tell just what you remember about it, and what the facts were 
 in reference to his intruding himself and making remarks out of 
 place? A. It was noticeable to others as well as myself. 
 
 Q,. Persons visiting the library ? Have you seen considerable of 
 
51 
 
 the library and of Mr. Wallis, and have you heard criticisms from 
 those people upon his conduct as wanting in capacity and dignity in 
 that position? 
 
 Mr. HiNKSON objected, as hearsay, incompetent, and improper, and 
 the objection was sustained. 
 
 Opening and Detention of Letters. 
 
 Mr. HoLL — Referring to tlie letter that came through Wells, Fargo 
 & Co. — just look at those and tell me whether those are the letters 
 that were inclosed in that envelope? A. Yes. 
 
 Mr. HoLL — I offer in evidence this portion of the envelope hereto- 
 fore referred to in this testimony, and marked "A." 
 
 Mr. Johnson objected, as irrelevant, incompetent, immaterial, not 
 responsive to any issue in this case, and it has been mutilated by 
 this witness. 
 
 The objection was overruled by the Board. 
 
 Mr. HoLL — Those are the letters that were inclosed in the Wells- 
 Fargo envelope? A. Yes. 
 
 Cross-examination. 
 
 Mr. Johnson — Have you the letter that came in the envelope that 
 you say was opened ? A. No, I have not. 
 
 Q. Do you know what has become of that letter? A. I do not. 
 
 Q. Do you think you could find it if you looked for it? A. Well, 
 I have looked for it, and have not succeeded in finding it. 
 
 Q. You have looked for it? A. Yes. 
 
 Q. You have not succeeded in finding it? A. No. 
 
 Q. Do you remember who it was from? A. Yes. 
 
 Q. Whom? A. Mr. Owen. 
 
 Q. J.J.Owen? A. Yes. 
 
 Q. A Trustee of the State Library ? A. Yes. 
 
 Q. He is the same gentleman that the letter was from that came 
 through Wells- Fargo? A. Yes, one of the letters that came by 
 Wells-Fargo ; there were two. 
 
 Q. Two in the envelope? A. Yes. 
 
 Q. He was the author of one of them ? A. Yes. 
 
 Q. Did you send the letter back to Mr. Owen — the one you say that 
 came in the envelope that you say was opened? A. No. 
 
 Q. But it is unfortunately lost? A. Yes. 
 
 Q. Of course accidentally? A. Well, I do not know. 
 
 Drinking in Library. 
 
 Q. Do you know State Senator Maddox of Santa Clara County ? 
 A. I do. 
 
 Q. How do you know that these people drank liquor in the private 
 office of the State Librarian during the session of the last Legisla- 
 ture? A. I saw them drink it. 
 
 Q. How do you know it was liquor?* A. Well, it looked like it. 
 
52 
 
 Q. Did you ever drink any of it yourself? A. No. 
 
 Q. You are sure of that ? A. Yes. 
 
 Q. Did they ever drink any champagne there ? A, Yes. 
 
 Q. Did you ever drink any champagne there ? A. Yes. 
 
 Q. More than once ? A. No. 
 
 Q. Only once? A. That is all. 
 
 Q. You never drank any liquor there of any other kind? A. No. 
 
 Q. Did you have Mr. Wallis go and get some for you and bring it 
 there on purpose, one time, the last week of the Legislature? A. 
 Yes, I remember that; I remember that I was sick one morning and 
 he went out and got some whisky in some person's office, but it was 
 not the last week of the Legislature. 
 
 Q. When was it? A. It was before I was out sick. 
 
 Q. Was that during the session of the Legislature? A. Yes. 
 
 Q. Why did he not get some out of his own office? A. There had 
 been too many calling at his office, I suppose. 
 
 Q. That is what you suppose ? A. Yes. 
 
 Q. Did he go into his office and look for some ? A. I do not know 
 all that Mr. Wallis did. 
 
 Q. That is not what I asked you? A. I do not know whether he 
 did or not. 
 
 Q. Had you been to look? A. No, I do not think I had. 
 
 Q. You were sick and needed some liquor, and you asked Mr. 
 Wallis to get some, and he got some? A. I did not ask for any 
 liquor; I was feeling very ill, and I thought if I had something to 
 warm me I would feel better, and Mr. Wallis went out and got some 
 whisky; I guess it was whisky; I really could not tell whether it 
 was whisky or something else. 
 
 Q. I am not finding any fault about it; I am asking the questions 
 for another reason. Did he at that time go into his own office to 
 look for some liquor for you. A. Not that I know of. 
 
 Q. Did you go in there? A. No. 
 
 Q. Now just reflect a moment, and see if you did not go in the 
 office yourself to look for some liquor — into his private office, in the 
 closet? A. No, I. did not. 
 
 Q. You are sure of that? A. Yes. 
 
 Q. How much did you off'er Mr. Wallis to assist him to pay for the 
 liquor that he had there during the session of the Legislature ? A. I 
 did not offer him anything to assist him to pay for it. 
 
 Q. Did you not offer him forty dollars to assist him in paying for 
 it? A. No. 
 
 Opening and Detention of Letters. 
 
 Q. Do you know Henry Edgerton, a Trustee of the State Library? 
 A. Yes. 
 
 Q. Did you ever have a conversation with Mr. Edgerton in refer- 
 ence to the opening of these letters? A. Yes; I think I did. 
 
 Q. Did you have a conversation with him after the filing of the 
 first charges and before the filing of the second charges, in reference 
 to these letters? A. Mr. Edgerton, I forget. Did I speak to you 
 before these charges were fileti or afterwards? 
 
53 
 
 Q. I want the best of your recollection? A. I do not remember. 
 I think it was before the charges were filed. 
 
 Q. Before any of them were filed? A. Before any of them were 
 filed, I think. 
 
 Q. Are you certain of that? A. I am not certain of it, but I feel 
 that it was before that time. 
 
 Q. Just refresh your recollection, and study it up a moment, and 
 see if you do not now remember, upon reflection, that it was after the 
 charges had been filed, and that the charges had been published, and 
 that the conversation between you and Mr. Edgerton was in refer- 
 ence to the charges that had been filed? A. No; when I told him of 
 these letters it was in the library sitting at my desk, and it must have 
 been before that time, because I was not there afterwards. 
 
 Q. In the course of that conversation did you make any statement 
 to Mr. Edgerton in reference to the letters? A. I do not remember 
 what I told Mr. Edgerton. 
 
 Q. You do not remember? A. No. 
 
 Q- Did you or did you not, in the course of that conversation, say 
 that you made no complaint of Mr. Wallis except in reference to 
 one letter? A. 1 did not say anything of the kind that I remember 
 of. 
 
 Q. What did you say to him in reference to that letter? A. I 
 think I told him the circumstances about the letters. 
 
 Q. All of them, the same as you have detailed them to-day? A. 
 Yes — I do not know as it was as fully ; I may not have stated it as 
 fully as I have to-day. 
 
 Q. As a matter of fact, do not you know that you did say to Mr. 
 Edgerton at that time that all in the world you found fault with Mr. 
 Wallis about was in reference to one letter? A. I said nothing of 
 the kind to Mr. Edgerton, to my memory. 
 
 Q. Were you employed in the library at the time you say this 
 letter had been opened ? A. Yes. 
 
 Q. Were you employed in the library at the time you say this let- 
 ter, that you say came through Wells-Fargo, was delayed? A. Yes. 
 
 Q. Did you have any conversation with Mr. Wallis in the presence 
 of Mr. Gunn at that time? A. Yes, I think Mr. Gunn was present. 
 
 Q. Did you at that time say to Mr. Gunn, in the presence of Mr. 
 Wallis, that you wished he would show you how you could send Mr. 
 Wallis to the State Prison ? A. No, I do not remember of saying 
 that. 
 
 Q. What did you say? A. I do not remember my conversation. 
 
 Q. You do not remember it? A. No. 
 
 Q. Do you know John W. Armstrong of this city? A. Yes. 
 
 Q. You remember having a conversation with Mr. Armstrong 
 right after the Wells-Fargo letter trouble, in which you told Mr. 
 Armstrong that you knew that Mr. Wallis had not been opening any 
 letter of yours, and that you were sorry that you had made any talk 
 or trouble about it? A. No. » 
 
 Q. Did you have any such conversation with Mr. Armstrong after 
 the complaint on your part or in reference to the letter which you 
 say had been opened ?' A. I had a conversation with Mr. Armstrong, 
 
54 
 
 but I did not say that I did not believe that Mr. Wallis had not 
 opened it. 
 
 Q. You are sure you did say that? A. Yes. 
 
 Q. Which letter was that in reference to, or after which letter was 
 it that you had the conversation with Mr. Armstrong? A. After 
 which letter? 
 
 Q. Yes? A. It was after both the letters. 
 
 Q. After both of the letters ? A. Yes. ' 
 
 Q. In neither of these conversations, you say, you did not tell Mr. 
 Armstrong that you knew Mr. Wallis had not opened any letter, and 
 that you were sorry that you had made any trouble about it, and that 
 you were sick, and that was the reason that you had made so much 
 fuss? A. I never said that I did not think Mr. Wallis 
 
 Q. Did you say any of these things that I have repeated? A. I 
 do not remember entirely my conversation with Mr. Armstrong, but 
 I remember having an interview with him and talking the matter 
 over, and telling him that the letter had been opened. I did not 
 claim that the Wells, Fargo & Co. letter had been opened. It was 
 the other letter that I was talking about, and he said that there were 
 a great many around the office, and there might have some one 
 opened it in the office. 
 
 Q. Did you at that time, or did you not, tell him that you knew 
 that Mr. Wallis did not open the letter, and that you were sorry that 
 you had made such a talk about it, and that you were sick, and that 
 was the reason why you had been so excited and angry, or words to 
 that effect? A. I probably told him I was sick and angry at the 
 time, because I was, but I did not say that I did not believe that Mr. 
 Wallis opened the letter. 
 
 Q,. Did you say that you were sorry that you had made such a 
 statement? A. I do not remember saying it. 
 
 Q. Y^'ou know Frank Freeman in the library? A. Yes. 
 
 Q. Did you accuse him of opening the letter? A. No. 
 
 Q. Did you use to him this language, as he came into the library 
 when vou were talking: "Well, I believe you opened the letter, 
 Frank?" A. No; I did not. 
 
 Q. Nothing of that kind? A. No; nothing of the kind; I never 
 intimated any such a thing. 
 
 Q. Did you say to Mr. Frank Freeman that you would just as 
 leave believe that he opened the letter as to believe that Mr. Wallis 
 opened the letter? A. No. 
 
 Q. Nothing of the kind? A. No. 
 
 Q- You are positive of that? A. I am. 
 
 Q. Y^'ou know Mr. Gunn, the deputy in the library? A. Yes. 
 
 Q. Did you ever go to Mr. Gunn, and through him seek to apolo- 
 gize to Mr. Freeman for your language to Mr. Freeman? A. No. 
 
 Q. Are you sure of that? A. I am sure of that. The only language 
 I used to Mr. Freeman on the subject I have given in my testimony — 
 the only words ever spoken between us about the letter — but I never, 
 for a moment, thought that Mr. Frank Freeman opened the letter, 
 and I never said it. 
 
55 
 
 Q. I am not asking for your thouglits? A. 1 did not express any 
 such a thing as that, either. 
 
 Q. ytate now as to whether after that matter your relations were 
 or were not friendly with Mr. Freeman? A. Mr. Freeman was not 
 friendly with me after that. 
 
 Q. Because of your language to him? A. No; it was not because 
 of my language to him. It was only the sentence that I have given 
 you. 
 
 Q. Is that all that you have said? A. Yes. 
 
 Q. That is nothing for a man to get mad at? A. That is what I 
 thought. 
 
 Conspiring Against Librarian. 
 
 Q. Did you have a conversation with Mr. Frank Freeman in the 
 month of July, 1882? A. I presume I have had several. 
 
 Q. At your table in the general room, in which you asked Mr. 
 Freeman if he thought his cousin, Trustee Freeman, could be pre- 
 vailed upon to vote to turn Mr. Wallis out of his position as Libra- 
 rian, and in which you told him that it all rested on Mr. Freeman's 
 vote, and that if Mr. Freeman would vote to turn out Mr. Wallis 
 that Mr. Gunn would be elected Librarian, and that Mr. Freeman 
 would be given the Law Library? A. I do not know how I could 
 promise him all those things. 
 
 Q. That is not what I asked you; I asked you if you had such a 
 conversation? A. I remember having a conversation with Mr. 
 Frank Freeman on the subject upon which you are asking me, but 
 I do not remember of any such statement as that. I can state what 
 I do remember of the conversation, if you desire it. 
 
 Q. First answer my question and then state whether you had the 
 conversation that I have detailed to you — whether you asked him if 
 he could get his cousin to vote that way — as to whether or not you 
 asked him if he could get his cousin. Trustee Freeman, to vote to 
 expel or turn out Mr. Wallis from his position as Librarian. I will 
 ask you it one at a time. Did you make that request of him, and 
 ask him to inquire and see and let you know? A. Well, I do not 
 think that I said to inquire and see and let me know. Anything of 
 that kind I do not think occurred. I remember of making this 
 remark to Mr. Freeman: We were talking about the work that Mr. 
 Gunn did in this office, and I said that it seemed to me that the man 
 who furnished the brains for the institution and did the work ought 
 to have the honor and the salary for doing it. I remember of that, 
 and of conversing further with him also about his cousin, but just 
 what was said I do not remember. 
 
 Q. Is it not simply astonishing to you that your memory is so poor 
 in reference to these matters that I have asked you about? A. I do 
 not know why it should be. That occurred over a year ago, and it 
 was not a matter that I ever expected to rehearse again. It was 
 talked in confidence, and we were talking freely of library matters, 
 and Mr. Freeman criticised as freely as I did, and, of course, if Mr. 
 Freeman wants to tell it, I have no objection. 
 
 Q. You have not answered the question as to whether or not you 
 
56 
 
 asked Mr. Frank Freeman at that time if he thought his cousin, the 
 Trustee, could be prevailed upon to vote to turn Mr. Wallis out of 
 his position as Librarian, and whether or not you also asked him to 
 inquire and see? A. I cannot tell whether I did or not. I think if 
 Mr. Frank Freeman remembers it in that way, I will take his word 
 for it. 
 
 Q. If Frank Freeman remembers it in that way, you will take his 
 word as true ? A. Yes. 
 
 Q. Do you know Mr. A. C. Freeman, the Trustee? A. Slightly. 
 
 Q. And you know J. J. Owen, the Trustee? A. Yes. 
 
 Q. Did you have a conversation with Mr. J. J. Owen and Mr. A. 
 C. Freeman in this room in reference to turning Mr. Wallis out of 
 his place as Librarian ? A. No ; I did not. 
 
 Q. Did Mr. Owen have a conversation with Mr. Freeman in your 
 presence in reference to that? A. I do not remember that. 
 
 Q. Just please tax your memory — some time last Fall, in the month 
 of October of last year, Mr. Wallis thinks? A. I do not think Mr, 
 Owen was in Sacramento in the month of October. 
 
 Q. You remember being in this room with Mr. Owen and Mr. 
 Freeman? A. Yes; I do. 
 
 Q. You remember of their having a conversation at that time 
 about the library and about the Librarian? A. No ; I do not remem- 
 ber a conversation about the Librarian or the library, except one 
 sentence that I said to Mr. Freeman. 
 
 Q. Did Mr. Freeman come to the library at that time in answer to 
 a note- that you sent him? A. I never wrote a note to him in my life. 
 
 Q. Sent word to him? A. To come to the library? 
 
 Q. Yes? A. No; not to my knowledge. 
 
 Q. Did Mr. Freeman come in pursuance of your invitation at that 
 time? A. To the library? 
 
 Q. Yes. A. No; he was in the Law Library that day, and he 
 came of his own accord. 
 
 Q. In the course of the conversation at that time did, or did not, 
 Mr. Owen, in your presence, state to Mr. Freeman that it was advis- 
 able to have a change in the Librarian, and ask him to assist, or 
 words to that effect, in making the change in the Librarian ? A. No ; 
 he did not. 
 
 Q. Nothing of that kind ? A. No. 
 
 Q. You are certain of that? A. Yes. 
 
 Mr. Johnson — I ask permission to give the exact language when 
 Mr. Freeman returns ; I cannot give the exact language until Mr. 
 Freeman gives it to me. 
 
 Mr. Edgerton — There is no objection to that. 
 
 Mr. Johnson — Do you know of your own knowledge of Mr. Owen 
 calling upon other members of the Board in reference to making a 
 change in the Librarian ? 
 
 Mr. HoLL — Objected to as incompetent, irrelevant, and not in cross- 
 examination. 
 
 Mr. Edgerton — They can make her their own witness, and that 
 will give you the privilege of cross-examining her. 
 
 Mr. Johnson — We think it is cross-examination ; it bears on the 
 
57 
 
 motives of Trustee Owen, and her; we propose to show an explana- 
 tion of these charges, and to show that she sent Owen to interview 
 other members of this Board, and we propose to follow it up by prov- 
 ing that Mr. Owen called on other Trustees at her request. 
 
 Mr. Edgerton — With that understanding the objection is over- 
 ruled. 
 
 A. I do not. 
 
 Mr. Johnson — Did you send Mr. Owen, or request Mr. Owen to go 
 and interview any other member of the Board in reference to remov- 
 ing Mr. Wallis? A. I did not. 
 
 Q. Did you have an}' conversation with Mr. Owen in that regard, 
 about seeing other members of the Board, to remove Mr. Wallis? 
 A. I did not. 
 
 Q. Did not you tell Mr. Owen to go and see Mr. Edgerton in refer- 
 ence to removing Mr. Wallis, and after he had the conversation with 
 Mr. Edgerton, did he not report to you the conversation between 
 them ? A. No. 
 
 Q. Just reflect a moment and see now if he did not do that, and 
 state to you what Edgerton had said to him ? A. No. 
 
 Q. Did not you tell Mr. Gunn and Mr. Frank Freeman that such 
 had been the case? A. No; I do not remember anything of the 
 kind. 
 
 Q. Did not you tell Mr. Frank Freeman that it was all right, that 
 Owen had seen Mr. Edgerton? A. No; I did not say anything of 
 the kind. 
 
 Q. Nothing of the kind? A. No. 
 
 Q. Did not you tell him it was all right? A. No. 
 
 Q,. Did not you tell him that the Board of Trustees were all right 
 except Mr. Freeman? A. No; I did not. 
 
 Q. What did you tell him about that? A. I do not remember 
 telling him anything about the Board. 
 
 Q. Who wrote these original charges? A. I did not see them 
 written and I cannot tell you. 
 
 Q. Did not you write them? A. No; T did not. 
 
 Q. You did not write the original charges in this case and show 
 them to Mr. Howard Johnson and Mr. Prentiss Maslin prior to the 
 meeting of the Library Board ? A. I did not write them. I showed 
 them the charges. 
 
 Q. When? A. To Mr. Maslin and Mr. Johnson? 
 
 Q. When? A. The morning of the twenty-sixth of July. 
 
 Q. The morning of the day that the charges were preferred, was it? 
 A. Yes. 
 
 Q. Before the meeting of the Board? A. Yes. 
 
 Q. In whose handwriting were those charges that 3'OU showed Mr. 
 Johnson and Mr. Maslin ? A. I think it was a copy that I had made 
 of them ; I am not certain. 
 
 Q. When did you make that copy? A. I made it here on the 
 twenty-sixth of July, in the morning. 
 
 Q. As a matter of fact did not Mr. Owen make a copy from that 
 which you had that morning himself? A. No. 
 
58 
 
 Q. Did not he get the legal cap paper from the Law Library and 
 sit down; did you not go in that morning to the Law Library and 
 get legal cap paper and come back to the table and sit down there, 
 and Mr. Owen sit down there, and copy upon legal cap paper the 
 charges that were already in your handwriting, and which had been 
 exhibited by you to Mr. Johnson and Mr. Maslin? A. No. 
 
 Q. You are sure of that? A. Yes. 
 
 Q. How did you come to have those charges — a copy of them — 
 before they were preferred to the Board? A. Because they were 
 given to me. 
 
 Q. When? A. The morning of the twenty-sixth. 
 
 Q. That is the first time you had seen them? A. Yes. 
 
 Q. How early in the morning? A. I came here about nine o'clock. 
 
 Q. Were they given to you before nine o'clock or after? A. After 
 I came to the library. 
 
 Q. By whom? A. By Mr. Owen. 
 
 Q. Then you made a copy of them? A, Yes. 
 
 Q. Then what did you do with the original? A. I gave it back to 
 Mr. Owen. 
 
 Q. When did Mr. Owen arrive in the citv; do you know? A. I do. 
 
 Q. When? A. The twenty-fifth. 
 
 Q. What time of day? A. On the half-past seven train. 
 
 Q. In the evening? A. Yes. 
 
 Q. Did you see him that evening? A. Yes. 
 
 Q. Did you see the charges that evening? A. No. 
 
 Q. Did you converse with him in reference to the charges that 
 evening? A. No. 
 
 Q. Not at all? A. No; the charges had not been written. 
 
 Q. Did you converse with him in reference to preferring charges 
 that evening? A. I might have conversed with him upon the sub- 
 ject-matter of those charges; I presume that I did. 
 
 Q. Did you converse with reference to the charges being preferred 
 against Mr. Wallis on that evening? A. I think Mr. Owen told me 
 he thought he would prefer those charges that evening. 
 
 Q. Is that all the conversation you had about it? A. I do not 
 know that that was all. 
 
 Q. Why will you not answer the question right plump and plain. 
 Did you, or did you not, on the evening of the twenty-fifth, after he 
 came in the city, converse with him and assist him in preparing 
 those charges ? A. I did not. 
 
 Q. You did not converse with him at all about it? A. I did con- 
 verse, but I (lid not assist. 
 
 Q. Did lie write them in your presence then? A. No. 
 
 Q. Did you furnisli the information upon which the charges were 
 based? A. Some of the information I furnished. 
 
 Q. That evening? A. No. 
 
 Q. When did you furnish it? A. I think the day before. 
 
 Q. In what manner — by letter, or by telegraph, or by word of 
 mouth? A. I think there was only one tiling in those charges that 
 I had told him. It might have been that evening or the day before 
 that I told him. 
 
59 
 
 Q. Did you see him the day before ? A. Yes. 
 
 Q. Where? A. In San Francisco. 
 
 Q. Did you talk with him in San Francisco about preferring the 
 charges? A. No. 
 
 Q. Not at all ? A. No. 
 
 Q. Nor he to you? A. No. 
 
 Q. Do you know Colonel Flournoy^ of San Francisco? A. Yes. 
 
 Q. Did you see him at the time you were in San Francisco, at the 
 time you saw Mr. Owen, during that visit ? A. Yes. 
 
 Q. Did you or did you not tell Colonel Flournoy, in San Francisco, 
 at that time, that Mr. Owen would prefer charges against Mr. Wallis, 
 or that you intended to prefer charges against Mr. Wallis? A. I told 
 Colonel Flournoy that there were some things, if brought against Mr. 
 Wallis, would be injurious to him. 
 
 Q. Will you answer the question? A. That is my answer. 
 
 The reporter read the question. 
 
 A. I answered it to the best of my ability. I do not think I told 
 Colonel Flournoy that he intended to prefer charges, but I may have 
 done it; but I know I said that we had matter that, if brought against 
 him, would be serious. 
 
 Q. Did not you tell him, as a matter of fact, that Mr. Owen would 
 prefer charges against him? A. I might have told him; I am not 
 positive. 
 
 Q. Do you know W. A. January, the State Treasurer? A. Yes. 
 
 Q. Was he on the train going to San Francisco when you went 
 down? A. No. 
 
 Q. Did you meet him in San Francisco the next day? A. No. 
 
 Q. Did you see him the next day? A. I saw him on the train 
 coming home. 
 
 Q. Did you have any conversation with him about this matter of 
 the charges ? A. No. 
 
 Q. None at all? Did not you have any conversation with Mr. 
 January about these charges? A. No. 
 
 Q. Did you have a conversation with Mr. Owen on the morning 
 that the Board met, or about half-past twelve on that day, prior to 
 the preferring of the charges? A. About half-past twelve on the 
 twenty-sixth ? 
 
 Q. Yes; the day the charges were preferred? A. I do not think I 
 did. 
 
 Q. Did you have a conversation with Mr. Owen like this: He 
 came out of the room where the Board had been in session, but before 
 the Board was in session ; he came out of Mr. Wallis' private office, 
 and you asked him if he had read the charges to Mr. Wallis, and he 
 said," Yes," and you asked him what effect they had upon him, and 
 he said, " None whatever." And you said, " I will show him what I 
 can do when I get in," or something to that effect? A. No. 
 
 t^. You had none of that conversation with Mr. Owen? A. No. 
 
 Q. Did Mr. Owen come out and say anything to you at that time, 
 prior to the meeting of the Board, and after he had had the conver- 
 sation with Mr. Wallis? A. Mr. Owen can answer for himself. I 
 
60 
 
 do not remember what he did. I do not remember whether I saw 
 him after he had seen Mr. Wallis, or not. 
 
 Q. And before the Board met? A. I do not remember whether I 
 saw him after that or not. I do not know. I do not remember. 
 
 Q. Then you did not have the conversation with Mr. Owen that I 
 have detailed, in which you asked him if he had read those charges 
 to Mr. Wallis, and he said " Y^s," and you asked him what effect it 
 had upon him, and he said " None whatever?" A. No. 
 
 Q. Nothing of that kind *? A. No. 
 
 Q. Do you know Walter Drew of this city? A. Yes. 
 
 Q. Did you write him a postal card some time in the month of July, 
 requesting him to meet you at the State Treasurer's office ? A. Yes. 
 
 Q. Did you have a conversation with him in which you sought to 
 get information in reference to warrants, so as to use it, as you said 
 to him, against Mr. Wallis? A. Yes. 
 
 Opening and Detention of Letters. * 
 
 Q. Did you have a conversation with Mr. Cravens in reference to 
 Mr. Wallis opening his letters? A. Not about the opening of his 
 letters. 
 
 Q. Did you have any conversation with him at. all in reference to 
 ' letters ? A. Yes. 
 
 Q. When was it? A. I think it was in the last part of July. 
 
 Q. Of this year? A. Yes. 
 
 Q. Is that the first that you had had a conversation with him ? 
 A. Yes. 
 
 Q. The first that you had said to him about it? A. Yes. 
 
 Q. Is Mr. Owen any relative of yours ? A. No. 
 
 Q. Did you receive letters more than these two from Mr. Owen, 
 during the time you were in the library? 
 
 Mr. HoLL — We object to that. 
 
 Mr. Johnson — The object is to show that she did receive letters 
 from him, on an average of one a day, during the entire time she was 
 there, and to show that no other letter had ever been interfered with ; 
 they would probably amount to about one a day during the entire 
 time that she was in the library. It bears on two propositions: first, 
 that in this enormous mass of correspondence, there was but one letter 
 that was interfered with ; and, second, it bears on the question of the 
 conspiracy between these two people to injure Mr. Wallis. 
 
 .Mr. HoLL — I have no objection to their showing it for the purpose 
 of showing that there was but one letter opened out of so many. It 
 may be competent for that purpose. 
 
 Mr. Edgerton — We think it is not in cross-examination, and the 
 objection is sustained. 
 
 Mr. Johnson — Do you know when Mr. Owen's wife died ? A. Yes. 
 
 Q. At what date was it that she died ? A. I do not know the date. 
 
 Q. Can you tell the month? A. It was in last July, I think. 
 
 Q. Of this year? A. Yes. 
 
 Q. You remember whether it was the fore part or the last part? 
 A, It was before the middle of July, I should think. 
 
61 
 
 Q. Do you save all your letters? A. Not always. 
 
 Q. Have you saved your correspondence with Mr. Owen? A. 
 Some of it I have. 
 
 Q. Not all of it? A. I do not know that I have. 
 
 Q. Have you saved the correspondence you had with Mr. Owen in 
 themonthsof June and July of this year? A. I may have some of the 
 letters at home ; I do not know ; I cannot tell until I look and see. 
 
 Q. Do you know whether or not you have the letters in your pos- 
 session and the telegrams that were written and sent to you by Mr. 
 Owen immediately preceding, at the time of, and immediately suc- 
 ceeding the death of his wife? A. I have not the telegram, I do not 
 think ; I do not know. 
 
 Q. But as to the letters, do you know whether you have got them? 
 A. I do not. As I said before, I can tell bv looking over my letter 
 file^. 
 
 Q. Can vou tell bv an examination ? A. If I see the letters I can 
 tell. 
 
 Q. Can you tell by an examination of your effects whether or not 
 you have those letters ? A. Yes. 
 
 Q. Can you tell b}^ an examination here in Sacramento, or must 
 you go to San Francisco? A. My letters are not in San Francisco. 
 
 Q. Your letters are here? A. Yes. 
 
 Q. I respectfully request that you examine and see if you have the 
 letters received by you immediately preceding, at the time of, and 
 immediately succeeding the death of Mrs. Owen. Have you any 
 letters in your possession with the envelopes on them, so that I can 
 see how they were ? 
 
 Mr. HoLL objected, as irrelevant, and the objection was overrule^. 
 
 A. Yes, I think I have. 
 
 Mr. Johnson — Will you bring some at the next meeting of the 
 Board? A. Yes. 
 
 Q. Did you get more than one letter at the time that you got this 
 one that you think had been opened ? A. Yes. 
 
 Q. How many others? A. Two others. 
 
 Q. Did you open them ? A. Yes. 
 
 Q. Do you know how you opened them? A. I know I usually 
 open them by tearing off the ends. 
 
 Q. I ask you if you remember how you opened them? A. No; I 
 do not remember just how I opened them. 
 
 Drinking in the Library. 
 
 Mr. HiNKSON — Miss Patton, you spoke of having drank champagne 
 in the library; where did j^ou drink that champagne ? A. I drank 
 it in the office. 
 
 Q. With whom? A. With Mr. Maddox. 
 
 Q. Senator Maddox ? A. Yes. 
 
 Q. Was Mr. Wallis present? A. He came in ; yes. 
 
 Q. What time in the day was it that you drank the champagne? 
 A. It was about seven o'clock in the evening. 
 
 Q. How long were you and he there together drinking champagne? 
 
62 
 
 A. I suppose we were there half an hour or three quarters altogether, 
 counting the different ones that came in. 
 
 Q. Was the library closed at that time? A. No ; it was open. 
 
 Q. Was the Legislature in session or adjourned ? A. The Legis- 
 lature had adjourned. 
 
 Q. Did you ever drink in the private office at any time with Mr. 
 Owen ? A. No ; I never did. 
 
 Q. Did you ever furnish Mr. Owen with liquor back there? A. 
 No. 
 
 Q. Did you ever see Mr. Owen drink any of Mr. Wallis' liquor? 
 A. No. 
 
 Q. Did you ever invite any one to drink in the office yourself — 
 any other gentleman ? A. No ; except Mr. Maddox. 
 
 Q. No one except Mr. Maddox ? A. No. 
 
 Q,. Did you ever invite any correspondent of any newspaper to 
 drink in the office yourself? A. Yes ; I remember at the time that 
 I invited Mr. Maddox that I said to Mr. Townsend, of the Call, that 
 we had a bottle of champagne and invited him to call in. 
 
 Q. One botttle for three of you ? A. Yes ; one bottle. 
 
 Q. You and your friends had your jollification and drinking when 
 Mr. Wallis was not there? A. Mr. Wallis was there, and he came 
 in and drank. 
 
 Q. He was more sociable than you. He joined you in your jolli- 
 fication, but you did not join with his friends when he was drink- 
 ing? A. No; his friends and mine were of a different class, and I 
 did not. 
 
 Q. What was the character of his friends? A. Well, if I judged 
 ajl that went in there to drink it was rather a mixed class. 
 
 Q. Now, is it not true that nearly all of the gentlemen that drank 
 with Mr. Wallis were State officers and members of the Legislature? 
 A. I do not know whether they were or not members of the Legis- 
 lature ; I never saw any State officers in there drinking. 
 
 Q. You have given us your judgment about the class. If you do 
 not know whether they were State officers, how do you know that it 
 was mixed? A. I judged by their appearance. 
 
 Q. Have not you often seen State officers in there drinking? A. 
 State officers ? 
 
 Q. Yes; State officers? A. I do not think I ever saw State officers. 
 
 Q. Did you ever see Mr. January drink in there — the State Treas- 
 urer — drink in that office. A. I think I have. 
 
 Q. How often? A. I do not know that I ever saw him drink in 
 there more than two or three times; I do not remember positively. 
 
 Q. Did you ever see Governor Stoneman drink in there ? A. No. 
 
 Q. Did you ever see Governor Stoneman in there when they were 
 drinking? A. No. 
 
 Q. Did you see Mr. Thompson drinking there — the Secretary of 
 State? A. No. 
 
 Q. Did you ever see Mr. Dunn, the Controller, drinking in there? 
 A. No. 
 
 Q. Did you ever see General Cosby drinking in there? A. No. 
 
63 
 
 Mr. HoLL — Did you ever see Mr. Hinkson drinking in there ? A. 
 No. 
 
 Mr. Hinkson — I will state, for the information of the gentleman, 
 that I have drank there. 
 
 Q. Do you know that a State officer drank very often there? A. I 
 only know that he drank when I have seen him. 
 
 Q. Did you not tell Mr. Wallis not to let him have any more 
 liquor, that he w^as getting too much? A. No; I told Mr. Wallis 
 what Mr. Murphy told me to tell him. 
 
 Q. What did he tell you? A. He told me to tell him to stop 
 allowing the State officer to go in there, and if he kept anything in 
 there to stop it; not let him have any, and I told him. 
 
 Q. I will ask you again, do you not remember of inviting the cor- 
 respondent of the San Francisco Post in to drink? A. No. 
 
 Q. Are you positive of that? A. Yes; I am positive. 
 
 Q. Did not you ask him to come in and get some "cold tea" in the 
 library? A. No. 
 
 Q. Did not you, in view of the fact that the correspondent of the 
 Post had been writing some correspondence commendatory to your- 
 self, invite him in to drink, and did not you tell him to tell Mr. 
 Wallis to let him have something to drink whenever he wanted? 
 A. No; the correspondent came in one day to see if he could get a 
 drink, and it was closed. 
 
 Q. Did he try to open the door? A. Yes. 
 
 Q. You spoke of there being a mixed crowd in there — tell me who 
 were there drinking? • A. I could not tell who they were. I did not 
 know them. 
 
 Q, You only know that they were a mixed crowd from their 
 appearance? A. Yes. 
 
 Q. Were they gentlemanly appearing men? A. I could not say 
 that they were not gentlemanly appearing. 
 
 Q. What peculiarity did you observe in the crowd that led you to 
 observe that it was a mixed crowd? A. I think when there are 
 eight or ten gentlemen drinking and smoking, that it is verj'- differ- 
 ent from one person and gentlemen whom you consider your friends. 
 
 Q. That is the only reason you have for believing that it was a 
 mixed crowd? A. No. 
 
 Q. What other reason have you? A. From their appearance. 
 
 Q. You say from their appearance. Have you any other reason, 
 and if so please state it? If you have any other reason why you 
 think that it was a mixed crowd, please state it? A. I said that from 
 their appearance I judged them to be a mixed crowd. 
 
 Q. Were not they a genteel appearing class of gentlemen in there 
 drinking? A. Some of them were not exceedingly so. 
 
 Q. How did they average; were they men of average appearance 
 for respectability? A. I suppose so. They came from a Democratic 
 Legislature. I suppose that would speak enough for them. 
 
 Q. You thought it was a fair average for a Democratic Legislature? 
 A. Yes ; very fair. 
 
 Q. Did not you take Mr. Moffatt, of Los Angeles, in there and 
 treat him? A. No. 
 
64 
 
 Q. Did you ever see Mr. Moffatt drink in there? A. No; I do not 
 remember of seeing him drink in there. 
 
 Q. Did you ever see Mr. Cravens drink in there? A. No. 
 
 Q. Did you ever see him in there when a crowd was drinking? A. 
 I do not think I ever saw him in there with a crowd. 
 
 Q. Was he one of the mixed crowd that you have ever seen in 
 there at any time? A. No. 
 
 Oyening and Detention of Letters. 
 
 Mr. HoLL — The letter, of which a part is here 
 
 Mr. Johnson — There is no letter here. 
 
 Mr. HoLL — I want to ask you whether that envelope bore marks 
 by which a person could tell where it came from, and whether it 
 came from a particular place, and whether there was a business card 
 or something of that kind on the outside ? 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, and 
 leading, and that tlie envelope itself is the best evidence, and that 
 she having destroyed the envelope intentionally, she is not to be 
 permitted to testify in regard to it. 
 
 The objection was overruled by the Board. 
 
 A. Yes ; it bore the stamp of the Mercury office. 
 
 Mr. HoLL — Who publishes the Mercury? A. Mr. J. J. Owen. 
 
 Q. It bore the stamp of the office of the newspaper of which he is 
 the publisher? A. Yes. 
 
 Q. From that, Mr. Wallis or anybody else knew that that letter 
 came from the Mercury office? A. Yes. 
 
 Q. Now I want to ask you a question that I ought to have asked 
 you on your direct examination, and I will have to ask the permis- 
 sion of the Board to let me put a leading question to avoid asking a 
 great many questions. Did you ever state to anybody in the City of 
 Sacramento, or elsewhere, that the reason Mr. Wallis desired your 
 resignation was, that he had made improper proposals to you, and 
 that you had rejected them, or language implying anything of that 
 kind. Did you ever make such a statement to anybody in the City 
 of Sacramento or elsewhere? A. No; never. 
 
 Q. I also wanted to ask you in your direct examination, but it 
 escaped me — tell whether you ever saw Mr. Wallis in the library 
 when he was under the influence of liquor? A. I saw him once 
 when he was considerably under the influence. 
 
 Q. The letter that came through Wells-Fargo — did that bear the 
 stamp — the same stamp that the other letter did on the outside? A. 
 No. 
 
 Q. That did not? A. No; that was in a Wells-Fargo envelope. 
 
 Mr. Johnson — When was that you say you saw Mr. Wallis under 
 the influence of liquor? A. It was during the Legislature. 
 
 Q. The fore part or the last part? A. I can tell you what occurred 
 that day, and you probably can remember just when it was. It was 
 the day that they voted whether this cabinet should be removed or 
 not. That was the day. 
 
 Q. And the bill to remove it was defeated, was it not? A. Yes. 
 
65 
 
 Q; And he felt glad over it, or was he sorry, or do you know any- 
 thing about it? A. I do not know anything about Mr. Wallis' feel- 
 ings in regard to that. 
 
 Q. Do you remember whether it was morning, noon, or evening? 
 A. It was about four or five o'clock in the afternoon that I saw him. 
 It nii^lit have been a little later. 
 
 Q. Do you know T. W. Shoehan, of the Record-Union — Col. .Shee- 
 han? A. Yes; I have met him. 
 
 Q. Did you ever have any conversation with him about Mr. Wal- 
 lis? A. No. 
 
 Q. None whatever? A. No. 
 
 Q. Do you know John N. Larkin, of the Sacramento Leader? A. 
 Yes. 
 
 Q. Did you ever have any conversation with him about Mr. Wallis 
 and the reasons for your removal? A. Yes; I had an interview with 
 Mr. Larkin. 
 
 Q. Did you have a conversation with Col. Sheehan in reference to 
 Mr. Wallis and the reasons for your removal from the library? A. 
 I never had any conversation with Mr. Sheehan; I have not seen 
 the gentleman 1 do not think since this occurred. 
 
 Q. Sinc€ what occurred? A. My removal. 
 
 Q. Did you make to Mr. Larkin a statement such as Judge Holl 
 intimated in his question to you in reference to the cause of your 
 removal? A. No. 
 
 Q. Do you know John A. Sheehan, one of the editors of the 
 Leader? A. Yes, I have met him. 
 
 Q. Did you have any such a conversation with him? A. No. 
 
 Mr. Holl — You said that you wanted to make a statement to the 
 Board? A. I merely wanted to ask the question how they knew 
 those letters were from Mr. Owen — any letters that I might receive; 
 I would like to know how they knew they were from Mr. Owen. 
 
 Testimony of Mrs. Zimmerman. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. Holl — What is your name? A. Simply call me Mrs. Zimmer- 
 man ; I simply want to pass for Mrs. Zimmerman. 
 
 Q. What is your name? A. Mrs. Zimmerman. 
 
 Q. Do you know Mr. Wallis? A. Yes, I have known him for a 
 number of years. 
 
 Q. The State Librarian? A. Yes. 
 
 Opening and Detention of Letters. 
 
 Q. Did you meet him at one time on the cars going from here to 
 San Francisco, when he spoke to you about matters connected with 
 the library ; did you have any sucli a conversation with him ; did you 
 meet him on the cars and did you have a conversation? A. Some 
 time in July 
 
 9 
 
66 
 
 Q. Of this year? A. Of this year. I started on the early morn- 
 ing train and I met Mr. Wallis at the corner of Seventli and K 
 Streets. He stopped and shook hands with me. We are old acquaint- 
 ances and old friends, and he said, " I want you to call up at the 
 library after you come back ; I have some business that I wish to talk 
 to you about." I looked at him very much surprised, and I said, 
 " What is it?" He said, "I cannot tell you now, but I wish you 
 would call." I said, " By the way, I am going to San Francisco, Mr. 
 Wallis." He said " I am going, too." I was very much surprised at 
 his requesting me to come to the library on business, because he had 
 been a great friend of mine and I have come here for books for years. 
 On the train he came in, and I was sitting with a lady, and he sat 
 down on the arm of the seat, and we had a short conversation on the 
 train going to San Francisco. He did not state his business to me, 
 why he wished me to call at the library, but I talked with him about 
 his trouble and about this investigation, and I felt very badly about 
 it, because I thought a great deal of Miss Patton and a great deal of 
 Mr. Wallis, and thej^ were both great friends of mine. I said, "By 
 the way, Mr. Wallis, what about the letter that they said that you 
 opened of Miss Patton's?" He said, " There is a true inwardness 
 about this stor3% and at the investigation it will all come out, but do 
 you suppose that I would allow letters to go into the library and I 
 deliver them out, and in those letters there are charges made against 
 me — a conspiracy being carried on, and I not know about it?" I 
 looked at him, thinking that he still had the letter in his possession 
 and still undelivered, and I made no other remark about it. That 
 is tlie very language that man used to me. I am positive. 
 
 Q. Who was present with you? A. A Mrs. Glascom — I think 
 that is her name. She lives on J Street, over Cohen's carpet store. 
 Whether she heard it or not I cannot say. She was looking out of the 
 window, and there was a Mr. Lavenson, an ex-member of the late 
 Assembly, sitting right behind me. If he heard it or not I do not 
 know. We talked together, Mr. Lavenson and myself, and he came 
 and sat down near me and we talked over the matter, and I felt bad 
 about this trouble and we talked about it. He did not remark to 
 me that he heard our conversation, and I did not ask him, but I 
 think he heard it. 
 
 Q. Who is Mr. Lavenson? A. Mr. Lavenson? His name is N. 
 K. Lavenson, 605 Clay Street, San Francisco. 
 
 Q. What business did he have, if any, here last Winter? A. He 
 was an Assemblyman. 
 
 Q. An Assemblyman from San Francisco ? A. Yes. 
 
 Q. And he lives where? A. At 605 Clay Street, his office is. I 
 took his address that day because I had some business that I wished 
 him to attend to in San Francisco. 
 
 Q. Have you stated all the conversation in reference to the letters? 
 A. I have, sir. 
 
 Q. That you had at that time with Mr. Wallis? A. I have, sir. 
 
 Q. That was the whole of the conversation about it? A. His 
 answer liurt me so that I did not speak about the letter again. 
 
67 
 
 Cross-examination. 
 
 Mr. JOHNSON- 
 
 The Witness — Well, may I be allowed to say something here? It 
 would be some explanation in regard to some of the other charges, 
 and as I am called here, I would like to make it. 
 
 Mr..EDGERTON — You need not make it. 
 
 Mr. Johnson — Pardon my question, but I always understood your 
 name was Mrs. Holton? 
 
 A. I believe the law of the land allowed me a marriage certificate, 
 and gave me the name of Zimmerman, so that I am Mrs. Zim- 
 merman. 
 
 Q. Did you not teach school here in Sacramento for awhile? A. 
 That is my business ; yes. 
 
 Q. When you taught in Sacramento City, it was Mrs. Holton? A. 
 I was not John B. Zimmerman's wife then. 
 
 Q. Were you not Mrs. Holton then ? A. Yes. 
 
 Q. You have been married since you quit teaching school? A. I 
 was married in eighteen hundred and something. 
 
 Q. You do not remember when ? A. No. 
 
 Q. Do you know where your husband is? A. I did a few days 
 ago ; he left here on Monday to attend to some property that we have 
 a few miles from here ; I expect him back on Saturday. 
 
 Q. Did you have any conversation with Mr. Wallis after this 
 romantic episode on the cars? A. I never met the gentleman since; 
 oh, excuse me; I came to the library on this particular business that 
 he wished to see me on, and had a .short conversation in the office 
 room, but it was not in regard to the library. 
 
 Q. None whatever? A. None whatever. 
 
 Q. Did not you have a conversation with him in the presence of 
 Frank Freeman, in reference to this unfortunate trouble between 
 him and Miss Patton, and Mr. Owen? A. That was not a private 
 conversation. 
 
 "Q. I ask you if you had a conversation ? A. Yes. 
 •Q. In the course of that conversation, did you say that you could 
 settle all the difficulties between them? A. I did not; but I said I 
 would try. 
 
 Q. Did not you say you could? A. I said I would try, and I did 
 try. I have been to one or two of the Trustees. I did not write to 
 Mr. Owen, because I did not think that I had any influence \vitli Mr. 
 Owen. But I went to Mr. Edgerton, and I went to Mr. Johnson. 
 
 Q. Which Mr. Johnson? A. Trustee Johnson. 
 
 Q. You considered that you had influence with those gentlemen? 
 A. Not that I had influence, but I considered that maybe if I talked 
 to them they would use their influence with Mr. Owen and Miss Pat- 
 ton and Mr. Wallis, and settle this business, which I did not think 
 ought to be carried on at all. As I said to Mr. Edgerton, I thought 
 that the examination would only bring up bad feelings and bad 
 thoughts, and 1 did not want to be used as a witness in it. 
 
 Q. Did you say anything to Mr. Matt. Johnson? A. I think I did. 
 I told him that I wished he would see if he could settle the matter, 
 and I asked him if he had any influence with Mr. Freeman. I did 
 
68 
 
 not know Mr. Freeman at all, but I was acquainted with Mr. John- 
 son. I did not know Mr. Edgerton, but I introduced myself, because 
 I have a great friendship for Miss Patton, and also for Mr. Wallis. 
 They have been very kind to me in allowing me books. I said to 
 Mr. Gunn and others that I wished I could settle it, but T did not 
 know how to do it, only by talking to these people. 
 
 Q. Who spoke first when he came and sat down on the arm of the 
 car seat, you or Mr. Wallis? A. I do not remember. 
 
 Q. Who spoke last? A. I do not remember. We were talking 
 about different things. 
 
 Q. Who spoke about the library matter first, you or Mr. Wallis? 
 A. I think I did; I am quite sure I did. 
 
 Q. Whom did you first tell about that first conversation? A. I 
 told a lady in San Francisco. 
 
 Q. What lady? A. Mrs. Theald. 
 
 Q. A friend of Miss Patton's? A. No, I do not know. She may 
 be a friend of hers; I do not know anything about that; people's 
 friendships are so peculiar in this world. 
 
 Q. Did you ever tell Miss Patton about it? A. I never did. I 
 have tried to find Miss Patton, but I could not find her. 
 
 Q. Did you ever tell Judge Holl about it? A. I did. 
 
 Q. When? A. When he called on me as a witness, and I tried to 
 get him to settle this row, and I scolded about it terribly, and I said 
 I did not want to be a witness. 
 
 Q. That is the first person you ever told about it — Mrs. Theald? 
 A, I had not seen Miss Patton ; I tried to find her. 
 
 Q. Have you ever told anybody else but Mrs. Theald ? A, Yes, I 
 have told one other person. 
 
 Q. Whom ? A. I told J. J. Owen. 
 
 Q. When did you tell Mr. Owen? A. When I was in San Fran- 
 cisco a Chronicle reporter called on me. How they found out I was 
 there, or why they thought I should know anything about this library, 
 I do not know. He asked me some very peculiar questions, and some 
 very ugly ones, about the drinking here, and I went on and told what 
 I had seen and had heard, and then I went on and told him that the 
 library was conducted on a very good plan, and when I found out 
 that he was a Chronicle reporter I would not have anything to do 
 with him, and he asked me about Miss Patton, and I would not reply, 
 and it seems as if Mr. Owen had heard from some source that Mrs. 
 Theald would make him a good witness, and I was visiting her, and 
 Mr. Owen called on Mrs. Theald one morning — one Sunday morn- 
 ing — and it seems as if Mrs. Theald was an entire stranger to him, 
 too, because I introduced her to him, and he seemed to be very much 
 surprised to think that I was there, and he was talking to her and 
 questioning her in regard to the library and the drinking there, and 
 she said that she had drank whisky witli Mr. Wallis there, and I 
 know that I saw her do so myself, and I told her that I would not be 
 so unladylike as that, as to drink whisky in a place like this. Mr. 
 Owen told her that he did not want her as a witness, but he wanted me. 
 
 Q. That satisfied his perturbed spirits as far as that was concerned? 
 A. I do not know. I did not know I was telling him anything so 
 
69 ' 
 
 very bad or so very good, but I told him the truth, and lie said he 
 wanted me as a witness, and I came back with the determination 
 that if I could settle this trouble I would do so, and I have done my 
 best and could not do it. 
 
 Mr. HoLL— At the time that Mr. Wallis made this statement about 
 the letters to you, what was his condition for sobriety; was he en- 
 tirely sober, o'r what was it? A. Well, Mr. Wallis has a very exu- 
 berant disposition—jolly; but I did think that he had been drinking 
 whisky, as I kind of thought he had. It was very early in the morn- 
 ing, i do not wish to say that he had. 
 
 Q. Did you think that he was tight, or did you not; whether he 
 was under the influence of liquor or not? A. Well, if it was my 
 husband that was so jolly as he was, and if I could smell whisky on 
 him as plainly as I did on Mr. Wallis, I would say he had been 
 drinking, but I would not say to my husband that he was drunk, 
 because he was not drunk, but he was very jolly — he was a little too 
 jolly. 
 
 AFTERNOON SESSION. 
 
 Mr. Johnson — We would like to have the name of Hon. J. S. Wal- 
 lis added as one of the counsel in this case. We intended to do it 
 yesterday morning, but it was forgotten. 
 
 Mr. Edgerton — The reporter will make a note of that. 
 
 Testimony of Miss M. A. Patton — Recalled. 
 Untruthfulness of Librarian. 
 
 Mr. HoLL — This forenoon, when you were on the stand, I forgot to 
 ask you as to one matter upon which I desire to have your testimony. 
 Were yon present at any time when Mr. Wallis and Judge McKune 
 talked over the matter of Mr. Wallis' election to the position that 
 he now holds? Answer — Yes. 
 
 Q. Will you please state to the Board what Mr. Wallis said at that 
 time in reference to the influences that induced some of the mem- 
 bers of the Board to vote for him? 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, and 
 not covered by any of the charges in this case, and that it all occurred 
 prior to Mr. Wallis being Librarian. 
 
 Mr. HoLL — Subsequent to his election, I mean. 
 
 Mr. Johnson — It all occurred prior to his taking his office as Libra- 
 rian. These conversations occurred prior to Mr. Wallis assuming 
 the duties of Librarian, and therefore the matter is not covered by 
 the charges, and it is not a proper subject for inquiry by this Board. 
 
 The objections were overruled by the Board. 
 
 Mr. HoLL — Please state what Mr. Wallis said in that conversation 
 fully, and state all that you recollect about it? A. Mr. Wallis was 
 talking of a party that stood on the outside of the door, that was 
 determined that Mr. Edgerton should vote for Mr. Wallis. He said 
 
70 
 
 that this party stood there, just as pale as a cloth, and that Mr. 
 Edgerton came in just as pale as a cloth. That is the point that I 
 remember about it in regard to Mr. Edgerton. He did not tell me 
 the name of the party that stood on the outside. 
 
 Q. What further explanation did he make as to what caused this. 
 Mr. Wallis, in that conversation with Judge McKune, represented 
 that Mr. Edgerton came in as pale as a cloth? A. Yes. 
 
 Q. And he said that the man on the outside was as pale as a cloth? 
 A. Yes. 
 
 Q. Did he explain why these gentlemen looked so pale? A. Well, 
 the understanding I had of it — I have told you just what he said. 
 
 Mr. Edgerton — Do I understand you that Mr. Edgerton came in 
 as pale as a cloth? A. I have repeated the language, as I remem- 
 ber it. 
 
 Mr. HoLL — What brought about that conversation? A. It was a 
 general conversation in regard to his fight, and he was telling how 
 Judge Belcher went back upon him, and how Mr. Crane went back 
 upon him, and that Mr. Edgerton was going to go back upon him, 
 but he had promised this man, and this man would not allow Mr. 
 Edgerton to go back on his word to him. 
 
 Q. Then, in connection with that statement, it was stated about 
 these gentlemen being so pale — that followed immediately? A. Yes. 
 
 Q. Just go on and state about that; after he said tliat Mr. Edger- 
 ton was disposed to go back upon him — then what followed? A. 
 Then he told us that there was a gentleman on the outside that stood 
 there, and he was determined that Mr. Edgerton should stand bv 
 Mr. Wallis. 
 
 Q. What, if anything, was said about Mr. Edgerton coming in and 
 looking pale? 
 
 Mr. Johnson — She has repeated that twice. 
 
 Mr. HoLL — How many of those conversations — more than one — did 
 you hear between Mr. Wallis and Mr. McKune about this election? 
 A. No, only one that I remember of. 
 
 Q. How long after the election of Mr. Wallis did this take place? 
 A. It was last Winter that this conversation took place in his office. 
 
 Q. In whose office? A. In Mr. Wallis' office. 
 
 Q. This last Winter? A. Yes. 
 
 Q. Who was present at that time? A. Judge McKune and Mr. 
 Wallis. 
 
 Q. Any one else except yourself? A. I do not think any one else 
 was present; I am not certain that there was. 
 
 Cross-examination. 
 
 Mr. Johnson — Is not it a little singular that Judge McKune did 
 not remember that conversation? A. I do not know. 
 
 Q. The Judge has been a witness here, and he has testified, and he 
 put the conversation about nine or ten months before you put it. Is 
 it at all singular that you and he should be so widely apart? A. I 
 do not know; I think Judge McKune had more than one conversa- 
 tion with Mr. Wallis, did he not? 
 
71 
 
 Q. The Judge said he only had two, and one took place the very 
 dayiind the other about two weeks afterwards. You have located 
 this one about nine or ten months after his election. Would not 
 you consider it a rather singular matter that Judge McKune would 
 not remember tliat conversation? Are you positive that conversa- 
 tion occurred? A. I am very positive of it. 
 
 Q. You did not dream it? A. No; I did not. 
 
 Q. You are sure of that? A. Yes; I am sure of that. 
 
 Q. Was it before or afterwards that the Legislature was in session? 
 A. It was before the Legislature was in session. 
 
 Q. Do you remember what month it was? A. No. ' 
 
 Q. Or whether it was Summer, Spring, or Fall? A. I remember it 
 was a rainy day, and that it was late in the rainj' season. 
 
 Q. Do you remember whether it was before or after the State Fair? 
 A. It was after the State Fair, I think. 
 
 Q. Do you remember what month the State Fair was held last 
 year? A. September. 
 
 Q. Are you sure of that? A. No; I am not sure; I am quite sure 
 it was in September. ♦ 
 
 Q. Do not you know as a matter of fact that they postponed it until 
 October last year? A. Did they? 
 
 Q. Do not you know as a matter of fact that the State Fair last 
 year was postponed until October? A. No; I do not. 
 
 Q. What is your best recollection about that? A. I am not both- 
 ering my memory with remembering anything about the State Fair. 
 I think there was one here; I rather suspect there was. 
 
 Q. It is jjurely a suspicion, is it? It is not a certainty? A. I am 
 quite certain there was a State Fair here. 
 
 Q. You are not certain as to the month? A. No. 
 
 Q. Now, was the name of any person mentioned at the time you 
 say you had this conversation or heard this conversation between 
 Judge McKune and Mr. Wallis? A. Mr. Edgerton's name was men- 
 tioned, and Mr. Belcher's name was mentioned, and Mr. Crane's 
 name was mentioned. 
 
 Q. Anybody else? A. Yes; I think Mr. Owen's name was men- 
 tioned. 
 
 Q. Anybody else? A. No. 
 
 Q. Is that the only conversation you ever heard between Judge 
 McKune and Mr. Wallis? A. No. 
 
 Q. I mean in reference to the proceedings attendant upon his 
 election? A. Yes; that is the only conversation. 
 
 Q. Where did you say that took place? A. In the office. 
 
 Q. Whose office? A. Mr. Wallis' office. 
 
 Q. In the daytime or evening? A. Daytime. 
 
 Q. Were you in there on business? A. I was in there sitting by 
 the fire, the grate. 
 
 Q. Somebody else was attending to your work then? A. No, there 
 was no one attending to it. 
 
 Q. It was just running itself ? A. Yes; it was cold in the room, 
 and there was a grate there and I was sitting by the fire, and when 
 anybody came in I came out and attended to them. 
 
72 
 
 Mr. HoLL — What, if an3'thing, did Judge McKune reply to Mr. 
 Wallis at that time — what did he say to him? A. I remembor of 
 Judge McKune making this remark, that that was pretty hard to 
 believe. 
 
 Q. Why? A. I do not know why, only it seemed unreasonable to 
 him, I think. 
 
 Q. Was that the only remark that was made to Mr. Wallis by 
 Judge McKune? A. No, it was not the only one. 
 
 Q. In reference to this matter? A. I do not remember of any 
 other. 
 
 Q. Did he say why he thought it was unreasonable? A. No. 
 
 Q. Do j'ou recollect the full answer now, the full remark that 
 Judge McKune made at that time, as to why he thought it was 
 improbable and a hard thing to believe? A. Yes, I do remember 
 that he said that Mr. Edgerton was no coward, and he would not be 
 influenced by any personal influence of that kind. 
 
 Q. That was the reason that it was hard for him to believe the 
 statement? A. Yes. 
 
 Consjnracy against Librarian. 
 
 Mr. Johnson — You know where the Bee office is in this city? A. 
 I could not tell you what street it is on. 
 
 Q. You have been there? A. Yes. 
 
 ■Q. Did you go there in company with Judge McKune, and ask 
 Mr. McClatchy to insert some articles denunciatory of Mr. Wallis? 
 A. I went to the office with Judge McKune. 
 
 Q. Answer the question : Did you ask Mr. McClatchy to insert 
 some articles? A. I did not. 
 
 Q. Did Judge McKune? A. I do not know what Judge McKune 
 said. 
 
 Q. Were not you there? A. He did not say anything to me. 
 
 Q. Were not you there at the time ? A. I was ; yes. 
 
 Q. Was your hearing as good then as it was when you say you 
 heard this conversation? A. Yes, ray. hearing is very good. 
 
 Q. Did you hear that conversation? A. I refuse to answer. 
 
 Q. You do not choose to answer that question ? A. No; let Judge 
 McKune answer for himself. 
 
 Mr. HoLL objected, as not cross-examination. 
 
 Mr. Edgerton — The Board thinks the testimony is admissible to 
 this extent, so far as the witness is concerned, but not as to Judge 
 McKune, because it is not in cross-examination. 
 
 Mr. HoLL — So far as she is concerned she has answered the ques- 
 tion. 
 
 Mr. Johnson — Did you hear that conversation ? Did you hear that 
 conversation in the Bee office? A. Yes; I heard the conversation. 
 
 Q. Will you please repeat it? 
 
 Objected to. 
 
 Q. Did you accompany Judge McKune there or did he accompany 
 you — that is, did he go at your request, or did you go at his request? 
 
73 
 
 A. I think he said he would take me around and introduce me to 
 Mr. McClatchy. 
 
 Q. Did you ask him to? A. I do not think I did. 
 
 Q. Was it voluntary on his part? A. I do not remember whether 
 I asked him to go with me or not, but I do not think I asked him to 
 go. He was talking about knowing Mr. McClatchy very well, and 
 that he would go around with me and introduce me if I wished to go. 
 
 Q. Had you told him you wanted to go to see Mr. McClatchy? A. 
 I do not think I did. Of course he knew I wanted to go. 
 
 Q. He knew you wanted to go to see Mr. McClatchy? 
 
 Mr. HoLL — State the conversation? A. Well, I cannot state the 
 conversation, because I do not recall it. 
 
 Mr. Johnson — Do I understand you that you come here to testify 
 to what Judge Holl tells you to testify to? A. No. 
 
 Q. You come here prepared to answer just such questions as he 
 wishes you to answer, and to decline to answer those that he tells 
 you not to, or do you come here prepared to answer any question 
 that is put to you ? A. I came here with the expectation of answer- 
 ing every question that is reasonable and that will have anything to 
 do with this case. 
 
 Q. What did Judge McKune ask Mr. McClatchy in your presence? 
 A. Well, I am unable to tell you what Judge McKune said to Mr. 
 McClatchy in my presence, because there was a very long conversa- 
 tion, and to attempt to repeat all of it I certainly could not do it. 
 
 Q. Can you tell the substance of it? Can you tell us, generallj'', 
 what it was about; whether it was in praise or in dispraise — to use 
 the expression — of Mr. Wallis? A. It was not very flattering to 
 Mr. Wallis, I do not think. 
 
 Q. Do not you know that it was quite denunciatory of Mr. Wallis? 
 A. He was talking mostly 
 
 Q. Just answer my question first. Do not you know that it was quite 
 denunciator}^ of Mr. Wallis ? A. Quite so. 
 
 Q. Were you not referred to every now and then by Judge McKune 
 as being able to corroborate the statements he made? A. Yes. 
 
 Q. And did not you assent at those times? A. Yes. 
 
 Q. Now, let me ask you once again and see if we understand 
 each other: are you able now to tell the Board as to whose idea it 
 was, your calling with Judge McKune upon Mr. McClatchy, whether 
 it was a voluntary move on his part, and that you went there at his 
 suggestion and request, or whether you went there at your own sug- 
 gestion and he accompanied you? A. It was arranged between us 
 that we should go around there and have a talk with Air. McClatchy. 
 He was an old friend of his, and he thought in that way that he 
 could assist me. 
 
 Q. Did he put the idea into your head first to call on Mr. Mc- 
 Clatchy. or did you speak to him first, that you wanted to interview 
 the newspapers? A. I might have done it myself. I might have 
 said, that.I would like to see Mr. McClatchy, but I do not remember 
 positively of asking him to go with me, but I may have said I wished 
 to see him. 
 
 10 
 
74 
 
 Q. Is not it a little singular that you cannot remember that matter 
 definitely. What month was that? A. It was in July. 
 
 Q. Of this year? A. Yes. 
 
 Q. Subsequent to your receiving a letter from Mr. Wallis announc- 
 ing your removal, or expected removal? A. Yes. 
 
 Q. You remember these other matters that took place a year, and 
 more than a year ago. Why is it that you cannot remember in 
 reference to that? A. Well, there was a great deal said, and I did 
 not bother my mind with it. 
 
 Q. I mean as to whether or not you asked Judge McKune to go 
 with you, or whether he asked you to go with him. Why is it that 
 you cannot remember that? A. Because it was not an invitation 
 from either party. It came around in the conversation. He wanted 
 to do all that he could for me, and he thought that in that way he 
 could assist me, by going and making my statement to Mr. Mc- 
 Clatchy. 
 
 Q. Was the matter discussed between you as to how it would assist 
 you to make a statement to Mr. McClatchy? A. No; not especially 
 as to how it would. 
 
 Q. In what manner did you expect it would aid you — in " bull- 
 dozing" the Board, or in having an influence over the Board, or in 
 correcting Mr. Wallis, or in influencing Mr. Wallis, or in punishing 
 Mr. Wallis? A. It was that others might not misrepresent me to 
 the Bee. 1 wished them to understand my side of it. That was my 
 intention. 
 
 Q. It was for your protection, and not for your assistance? A. If 
 they chose to be of assistance, that was their 
 
 Q. It was to protect you, and not to assist you? A. Well, protec- 
 tion is assistance. 
 
 Q. Did you ask him to publish any articles? A. No; I did not. 
 
 Q. Did Judge McKune, in your presence? A. No; he did not, but 
 Mr. McClatchy told him if he would write an article he would pub- 
 lish it. 
 
 Q. That was all that was said about the article? A. Yes. 
 
 Q. Did he state that he would require his name to be signed to it? 
 A. No. 
 
 Q. Was there an article published? A. I believe there did an 
 article appear in the Bee. 
 
 Q. Did you furnish it? A. No; I did not. 
 
 Q. Do you know who furnished it? A. I think I do. 
 
 Q. Who was it? A. It was Judge McKune. 
 
 Q. Did you see it before it was published? A. Yes. 
 
 Q. Did you assist in correcting it or in changing it? A. No. 
 
 Q. Or to make it weaker or stronger? A. No. 
 
 Q. You yourself made no corrections or changes in it at all? A. 
 None whatever. 
 
 Q. Do you remember the signature to it? A. Yes. 
 
 Q. What was it? A. It was "Silex." 
 
 Q. You was satisfied with that article? A. Very well. 
 
 Q. You indorsed the article, and was willing that it should be pub- 
 lished? A. Yes; I was willing. 
 
75 
 
 Q. You approved its publication? A. I did not object to it. 
 
 Q. Did you approve it; were you satislied that it should be pub- 
 lished? A. Yes. 
 
 Q. And it was submitted to you before its publication? A. And I 
 appro ve<l it. 
 
 Q. Did you, in connection with Judge McKune, prepare, or attempt 
 to prepare, any other communication for the newspapers for publi- 
 cation ? A. No. 
 
 Q. Did you visit the house of Mrs. Pockman in this city, in com- 
 pany with Judge McKune, and wdiile there, prepare, or attempt to 
 prepare, a communication for the papers? A. I never visited the 
 house of Mrs. Pockman with Judge McKune, therefore, I could not 
 have done it. 
 
 Mr. HoLL — I offer that article in the Bee in evidence. 
 
 Mr. HiNKSON — I object to it, unless I have an opportunity to read 
 the article. 
 
 Mr. HoLL — At what time did this matter occur, of going to the 
 Bee office, as regards the time when this letter was written to you by 
 Mr. Wallis? A. I received the letter on Tuesday morning, and on 
 Saturday we went to the Bee office — the following Saturday. 
 
 Q. In this letter that you received, you had been attacked by Mr. 
 Wallis as an incompetent person to discharge the duties of the posi- 
 tion that you held in the library at that time, had you not ? 
 
 Mr. Johnson objected, on the ground that the letter is the best 
 evidence. 
 
 Mr. HoLL — Look at that letter, and see if that is the letter that 
 you had received from Mr. Wallis, and whether that produced a 
 desire upon your part to have the Bee understand your side of the 
 question, on the controversy that is raised by that letter? 
 
 Mr. Johnson objected, as leading, irrelevant, immaterial, incompe- 
 tent, and not responsive to anj^ of the issues in this case. 
 
 The objection was overruled by the Board. 
 
 Mr. HoLL — Is that the letter? A. This is a copy of the letter that 
 was sent to me ; this is not the one that was sent to me. 
 
 Mr. Johnson — I object to it because it is a copy. 
 
 The Board sustained the objection. 
 
 Mr. HoLL — Is it a correct copy? A. It is a correct copy. 
 
 Q. Where is the original? A. At my house. 
 
 Q. Have you the original at your house? A. Yes. 
 
 Q. How long did you say that letter was received by you before 
 you went to the Bee office as you have stated? A. I received it on 
 Tuesday morning, and I went to the Bee office on the following Sat- 
 urday. 
 
 Q. On the following Saturday ? A. Yes. 
 
 Q. What did you desire the Bee office to do or to understand; 
 what purpose did you have ingoing there; what was j'our errand 
 there? A. That Mr. McClatchy might have an understanding of 
 my side of the story, and of the case in regard to the troubles in the 
 library. 
 
 Q. Your side of the difficulty that M^as referred to in this commu- 
 nication that you had received? A. Yes. 
 
76 
 
 Q. And it was with that view that you went, and Judge McKune 
 accompanied you? A. Yes. 
 
 Testimony of Albert Hart. 
 Called and sworn on behalf of the prosecution. 
 Correspondence of Library. 
 
 Mr. HoLL — What position did you ever occupy in the State Library 
 of California? Answer — Deputy Librarian for ten years. 
 
 Q. For how long? A. Nine or ten years. 
 
 Q. Who was Librarian at that time? A. W. C. Stratton. 
 
 Q. During the ten years you were in the library, under Mr. Strat- 
 ton, who conducted the correspondence? A. Mr. Stratton. 
 
 Q. Of the library? 
 
 Mr. Johnson moved to strike out the last answer, as irrelevant, 
 immaterial, and incompetent, and not responsive to any issue in this 
 case, and not illustrative of any proposition advanced in this case. 
 
 Mr. HoLL — I propose to show by Mr. Hart, who was in the library, 
 under Mr. Stratton, for ten years, that the Librarian, the principal 
 man, during all that time, witli very few exceptions, conducted the 
 correspondence with foreign institutions, and with different States, 
 in fact, the general correspondence that was required to carry into 
 effect the system of exchange, and I also propose to prove it by Mr. 
 Cravens. 
 
 At this point the witness was temporarily withdrawn. 
 
 Testimony of C. E. Miller. 
 Called and sworn on behalf of the prosecution. 
 Opening and Detention of Letters. 
 
 Mr. HoLL — What position did you occupy last April? Answer — 
 Letter Clerk for Wells, Fargo & Co. 
 
 Q. Did you deliver the letters? Was that a part of your business 
 to deliver letters ? A. Yes. 
 
 Q. You remember a certain occasion of an inquiry being made of 
 you about that time, as to the delivery of the letter here, at the 
 library, addressed to Miss Patton, and a telephone message being 
 telephoned down to the office of Wells, Fargo & Co., making inquiry, 
 and of Miss Patton calling there afterwards and making inquiries 
 about it. A. No. 
 
 Q. Did you ever see Miss Patton in the office of Wells, Fargo & Co.? 
 A. I believe I did, once or twice. 
 
 Q. You remember her calling there to make inquiries about a let- 
 
77 
 
 ter? I simply do this to refresh your memory. A. No; I do not 
 remember. 
 
 Q. Do you remember her calling there? A. Yes. 
 
 Q. Do you remember what her business was there? A. No, I could 
 not say. 
 
 Q. How many times did you see her there? A. I believe it was 
 twice. 
 
 Q. You remember what her business was at either time? A. No. 
 
 Q. Did you ever deliver any letters here in the office? A. Yes. 
 
 Q. Did you ever deliver any to her? A. Not to her personally. I 
 delivered some to her house. 
 
 Q. Did you ever deliver any addressed to her here at the library? 
 A. Yes. 
 
 Q. In April last, or about that time? A. No; I do not believe it 
 was as late as that. 
 
 Q. Do you remember bringing a letter to the office that was ad- 
 dressed to Miss Patton and delivering it to Mr. Wallis, the Librarian; 
 giving it to him? A. No. 
 
 Q. You have no recollection of it at all? A. No. 
 
 Q. Do you remember, about that time, of any inquiry being made 
 of you as to whether you did deliver any such a letter — you remem- 
 ber of any inquiry being made? A. No; I do not. 
 
 Q. Do you remember the circumstance of the telephone being used 
 from the Secretary of State's office to make any inquiry? A. No. 
 
 Q. You have no recollection of such a circumstance at all? A. 
 No. 
 
 Q. Occurring at any time? A. No. 
 
 Q. You remember delivering a letter here, addressed to R. 0. Cra- 
 vens, some time in January of last year? A. No; I do not. 
 
 Q. Did any one else deliver letters from Wells, Fargo & Co. but 
 you? A. Yes. 
 
 Q. Whom? A, A young man named Charles Gensler. 
 
 Q. During the same time that you were there? A. No. 
 
 Q. Were vou engaged in delivering letters in January and April 
 last? A. Yes. 
 
 Q. Did any one else during that time? A. No. 
 
 Q. In January, February, and April? A. No one but me. 
 
 Q. Do you remember whether you frequently delivered letters 
 here? A. No; not at that time. 
 
 Q. At what time did you? A. When I first got the position — it 
 was in the month of October. 
 
 Q. Of last year — 1882? A. Yes; I brought two or three letters 
 around here, and then Miss Patton said she would like to have them 
 delivered at her house, and she would get them sooner than when I 
 brought them here. 
 
 Q. You say you donot remember anything about any telephonic 
 communication with the office? A. No. 
 
 Q. Or of any one in the office speaking to you and asking you 
 about sucli a letter? A. No; not that I remember of. 
 
78 
 
 Testimony of Felix Tracy. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. HoLL — Do you remember of any inquiry being made at your 
 office, through the telephone, about the delivery of a letter here 
 addressed to Miss Patton in April last ? Answer — No ; those inqui- 
 ries are made so often that I would not recollect any particular one. 
 
 Q. You do not now recall that particular inquiry? A. No; they 
 telephone us very often from the office of the Secretary of State 
 about business in the different departments in the Capitol. It might 
 have occurred and I not recollect it. 
 
 Testimony of Miss M. A. Patton — Recalled. 
 
 Mr. HoLL — Is that the messenger boy that told you when this 
 letter was delivered here ? Answer — Yes. 
 
 Q. Where was that, here or at the express office? A, At the 
 express office. 
 
 Testimony of Albert Hart — Resumed. 
 Correspondence of Library. 
 
 Mr. Edgerton — The majority of the Board are of opinion that 
 the evidence is not admissible. It is in evidence already that the 
 larger part of this correspondence was conducted by Mr. Gunn under 
 the supervision of Mr. Wallis. The fact that it was done by Mr. 
 Gunn and under the direction of Mr. Wallis, coupled with the fact 
 that somebody else pursued a different course, would not justify the 
 inference that Mr. Wallis was incompetent. If you can show that 
 he was incompetent, or that injurious consequences followed from it, 
 I think it would be competent. 
 
 Mr. HoLL — During the time that you were in the library, under 
 the law controlling the institution, whose duty was it to conduct the 
 correspondence of the library, to establish the system of exchange, 
 and for the purpose of conducting the correspondence? 
 
 Mr. Johnson objected ; that the law was the best evidence, and that 
 the question is irrelevant, immaterial, and incompetent. 
 
 The Board sustained the objection. 
 
 Testimony of R. 0. Cravens — Recalled. 
 
 Untruthfulness of Librarian. 
 
 Mr. HoLL — Will you examine that record there, and see whether 
 you can find the minutes of the Board of Trustees at the time that 
 Mr. Wallis was elected ? Answer — Yes. 
 
79 
 
 Q. Who was Clerk of the Board at that time? A. I was. 
 
 Q. Did you keep a correct record oi" what transpired before the 
 Board at the time of the meeting when Mr. Wallis was elected? A. 
 I did. 
 
 Q,. Does tliat contain a correct statement of all that transpired? 
 A. It contains a correct record of the business of the Board. 
 
 Q. In liis election ? A. Yes. 
 
 Q. And the action that they took in relation to the election of 
 Librarian? A. Yes. 
 
 Mr. HoLL — We offer that record in evidence. 
 
 Mr. Cravens — It was approved by the Board at a subsequent meet- 
 ing. 
 
 Mr. HoLL — We offer it for the purpose ot showing that Mr. Wallis 
 made false statements of what occurred at that time before the Board 
 of Trustees, and I ask that the record be read. 
 
 Mr. Johnson — We have no objection. 
 
 Mr. Cravens read the record of the proceedings of the Board of 
 Trustees on February 28, 1882, as follows: 
 
 "California State Library, ) 
 
 "Sacramento, February 28, 1882. j 
 
 "The new Board of Trustees, to wit: I. S. Belcher, W. W. Crane, 
 Henry Edgerton, A. C. Freeman, and J. J. Owen, presented their 
 commissions, and it also appearing that they had each taken the oath 
 of office required by law, were called to order by R. 0. Cravens, State 
 Librarian and Secretary. 
 
 "The Board organized b}^ electing A. C. Freeman President. 
 
 "A communication was received from the Republican Central 
 Committee of the City of Sacramento, protesting against the election 
 of Talbot H. Wallis State Librarian, on the ground that he is not a 
 Republican ; also, a communication from Albert Hart, presenting 
 himself as a candidate for State Librarian. 
 
 "On motion of Mr. Crane, the communications were received, and 
 laid upon the table for furthur consideration. 
 
 " Mr. Owen moved that the Board proceed to elect a State Libra- 
 rian to fill the vacancy, which will occur on the expiration of the 
 term of R. 0. Cravens. Adopted. 
 
 "The following persons were named as candidates for State Libra- 
 rian, viz.: Talbot H. Wallis, Albert Hart, E. C. Hart, J. V. Cheney, 
 W. A. Cheney, and A. S. Bender. 
 
 "The roll was called, with the following result: For Albert Hart 
 —I. S. Belcher. For A. S. Bender— W. W. Crane. For Talbot H. 
 Wallis — Henry Edgerton, A. C. Freeman, and J. J. Owen. 
 
 "The President declared that Talbot H. Wallis, having received a 
 majority of all the votes, was duly elected State Librarian. 
 
 " Mr. Belcher moved that the election be made unanimous. 
 Adopted. 
 
 " Mr. Edgerton moved that the Board proceed to recommend 
 subordinates. Adopted, • 
 
80 
 
 "On motion, N. E. White was unanimously recommended for 
 Deputy in the Law Library. 
 
 " Tlie following persons were placed in nomination for recom- 
 mendation as Deputy in the General Library, viz: Miss M. A. Pat- 
 ton, Miss Kate V. Darling, and Mrs. M. D. Page. 
 
 "The roll was called, with the following result: For Miss M. A. 
 Patton — Henry Edgerton, A. 0. Freeman, and ,1. J. Owen. For Miss 
 Kate y. Darling— L S. Belcher. For Mrs. M. D. Page— W. W. Crane. 
 
 " Miss M. A. Patton having received a majority, was declared the 
 choice of the Board for Deputy in the General Library. 
 
 "On motion, Frank Freeman was unanimously recommended for 
 Porter. 
 
 "On motion, the Secretary was directed to notify the Librarian 
 elect of his election, and also of the recommendation of subordi- 
 nates. 
 
 "On motion, A. C. Freeman was appointed to audit bills against 
 the State Library Fund. 
 
 "Adjourned to April 6, 1882, at one o'clock p. m. 
 
 "R. 0. Cravens, Secretary." 
 
 Mr. HoLL — Does that contain all the motions that were made by 
 the members of the Board ? A. I think it does, sir. 
 
 Q. And a correct record of all the proceedings had in reference to 
 the election of Librarian? A. Yes. 
 
 Q. And the action that was had upon it? A. Yes. 
 
 Q. What occurred at that election that is not in that record, if 
 anything, in reference to the election of Librarian — in reference to 
 any difficulty between the members of the Board about the election? 
 A. There was no difficulty between any members of the Board about 
 the election. 
 
 Q,. Did Mr. Owen get up in that meeting and denounce Mr. 
 Edgerton because he did not vote for Mr. Wallis? A. No. 
 
 Q. Nothing of that kind occurred? A. No. 
 
 Cross-examination. 
 
 Mr. Johnson — Was anything said by any members of the Board 
 during the deliberations? A. There were some desultory conversa- 
 tions, but I did not think that it was proper to go into the records. 
 
 .Q. You put in the business, and the motions that were made and 
 carried about the business? A. Yes. 
 
 Q. Was not there a great deal of discussion? A. There was con- 
 siderable discussion ; there was some discussion, and something was 
 said about the charges against Mr. Wallis, and something about his 
 politics, and something about his qualitications. 
 
 Q.. It was discussed at considerable length, was it? A. I do not 
 know how long, whether an hour, or two hours, or half an hour ; 
 there was considerable discussion. 
 
 Q. You did not care about that; you was an outsider? A. I was 
 an outsider. 
 
81 
 
 Q. You rather enjoyed the discussion? A. No, I do not know 
 that I did. 
 
 Q. There was some warmth displayed by some of the members? 
 A. I do not think there was, Mr. Johnson; there was no crimi- 
 nations. 
 
 Q. I do not mean any unkindness? A. Of course Mr. Owen was a 
 particuhir friend of Mr. Wallis, and he defended Mr. Wallis from 
 those accusations that had been made against him. 
 
 Q. Did not he do it with a great deal of earnestness; that is a 
 characteristic of the man ? A. Yes; of course like any person who 
 is acting in a representative capacity as the friend of another. 
 
 Q. Did not Mr. Freeman make a speech in reference to the polit- 
 ical predilections and political record of Mr. Hart, in answer to 
 remarks that were made by Mr. Belcher? A. Mr. Freeman made 
 some remarks about Mr. Hart, that neither Mr. Hart, nor himself, 
 nor some other members of the Board, had always been true. 
 
 Q. To their parties? A. To their parties. 
 
 Q. That all of you — Mr. Edgerton, Mr. Cravens, Mr. Hart, and Mr. 
 Freeman — had all slopped over from the regular parties once in 
 awhile? A. I do not know as it was about myself, but about some 
 others who were present. 
 
 Q. That discussion, as you say, lasted a considerable length of 
 time? A. There was considerable of it; yes. 
 
 Q. As a matter of fact, do not you remember that during that dis- 
 cussion some members of the Board left the room before the ballot 
 was had, and then came back? A. I think so. 
 
 Q. Do you not, as a matter of fact, remember that Mr. Edgerton 
 was called out and then that he came back into t.lie room? A. Mr. 
 Edgerton? — I am not certain. I think probably that Mr. Edgerton 
 got up and walked the floor awhile, and Mr. Edgerton and Mr. 
 Owen, or some two of the Trustees, walked back to the bookcase 
 and had a little private conversation some time during the proceed- 
 ing and then went out. I think verj^ likely he did go out; I am not 
 certain whether he did or not; perhaps some of the others did. 
 
 Q. All that you aimed to put in that record is simply what a 
 Secretary ought to do; that is, a cold record of the business trans- 
 actions? A. Yes. 
 
 Q. You have not attempted to give any remarks, nor any discus- 
 sions, nor anything except what I have stated? A. No, in reporting 
 proceedings of a Board for the newspapers it would be perhaps fuller 
 than this. 
 
 Q. Do you remember tliat the newspapers did have an account of 
 it? A. I do not remember whether they did or not; I did not furnish 
 an^^ 
 
 Q. Do not you remember that they did have one? A. I think 
 they did; but to what extent I do not remember. I think I was 
 called on by some reporter of the press, and I said that I would not 
 furnish it unless I had permission to do so — that 1 never would 
 reveal the transactions. 
 
 Mr. HoLL — If Mr. Edgerton had made a motion to continue the 
 
 11 
 
82 
 
 election of Librarian to some other time, and upon that motion Mr. 
 Owen had made a speech denouncing Mr. Edgerton, and saying that 
 it was done for the purpose of defeating Mr. Wallis, such a motion 
 would appear in your record? A. Certainly, if such a motion was 
 made. 
 
 Q. Was such a motion made? A. No; I think not. 
 
 Q. Was any such speech made, or any such motion? A. No; I do 
 not think that matter was discussed. I do not think the subject of 
 postponing the election was mentioned. 
 
 Mr. Johnson — Would that motion appear on the minutes unless 
 it was put to a vote? If it was made, and not put to a vote, would it 
 appear on the minutes? A. If it had been made as a motion, and 
 seconded, it would have appeared. 
 
 Q. Suppose it had been simply made and no action taken on it? 
 A. It might have been made as a suggestion, and not as a motion. 
 It w^ould not appear on the minutes if it was made as a suggestion, 
 but if it came in the shape of a motion it would have been on the 
 minutes. 
 
 Q. You remember whether any suggestion was made in reference 
 to postponing? A. I do not remember of any. 
 
 Q. Do you remember whether Mr. Owen made any remark at that 
 time about postponement, that a postponement meant defeat and 
 opposition to Mr. Wallis, etc., or anything of that kind? A. I do 
 not remember of anything of that kind ; I do not remember of any 
 discussion. I know Mr. Owen talked considerable, but I do not 
 remember. 
 
 Q,. Mr. Owen did the bulk of the talking at that meeting, did he not ? 
 A. Yes; I think Mr. Owen talked more than any one else. 
 
 Mr. Edgerton — Was there the slightest disagreement between Mr. 
 Owen and Mr. Edgerton on that occasion, in reference to anything 
 in that meeting? A. Not on the surface, sir, so far as I could discern. 
 
 Mr. HoLL — You were Secretary? A. Yes. 
 
 Q. You kept the records of the business? A. Yes. 
 
 Q,. If there had been any difficulty between any of the members 
 there, that would have impressed itself on your mind ? A. Yes ; as 
 to a postponement, there might have been some suggestion of that 
 kind, but it never came in the shape of a business proposition. 
 
 Q. You do not recollect it? A. I do not recollect whether there 
 was or not. 
 
 Testimony of Howard Johnson. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. HoLL — What is your position in the Secretary of State's office? 
 Answer — Assistant. 
 
 Q. Were you here during the session of the last Legislature? A. 
 I was, sir. 
 
 Q. Do you know Mr. Wallis, the Librarian? A. I do, sir. 
 
 Q- Have you been in the library frequently during last Winter? 
 A. Yes ; very frequently. 
 
83 
 
 DrinJcing hi Library. 
 
 Q. State to this Board what you know, if anytliing, about tlie 
 library being resorted to by persons who desired to drink whisky — 
 any portion of the library being used for the purpose of drinking. 
 State what you know of it? A. Well, I cannot say that I have seen 
 many people in Mr. Wallis' private office drinking. 
 
 Q. State what you did see? A. Well, I have probably seen three 
 take a drink in his office. 
 
 Q. How often. How many times ? A. Weil, twice, I believe. 
 
 Q. Two different times? A. Yes. 
 
 Q. Where was that. What part of the library? A. In his private 
 office. 
 
 Q. That was all during the session of the Legislature that you 
 noticed people there drinking? A. Now, I cannot say whether it 
 was during the Legislature, or after. I disremember. 
 
 Q. You disremember? A. Yes. 
 
 Q. Do you know of your own knowledge whether liquors were 
 kept in that part of the building? A. I do. 
 
 Q. Have you any knowledge as to the quantity or the amount of 
 liquors that are kept there on hand ? A. Well, I have seen a demi- 
 john of whisky in there. 
 
 Q. More than one at a time? A. I have seen demijohns there; 
 other demijohns there, I think, but I am not positive what they con- 
 tained. 
 
 Q. Such demijohns as whisky is usually contained in? A. It 
 might have been wine. 
 
 Mr. HiNKsoN — Or vinegar? 
 
 Deportment of Librarian. 
 
 Mr. HoLL — He might have been trying to pickle something. 
 
 Q. You saw a good deal of Mr. Wallis during the time that you 
 have been here in the State House? A. I have, sir. 
 
 Q. You have been in the library frequently and have seen Mr. 
 Wallis here? A. Yes. 
 
 Q. And talked with him ? A. Yes. 
 
 Q. You saw the manner in wiiicli he conducted himself as a State 
 officer? A. Yes. 
 
 Q. What has been his conduct as a Librarian and as a State officer ? 
 What have you observed, if anything, that attracted your attention ? 
 A. Well, I liave always observed that Mr. Wallis' manner was a 
 little brusque, and that he was probably louder in his speech than 
 he should have been. 
 
 Q. If your attention has been called to him by anything? A. I 
 never considered him extremely courteous to visitors. 
 
 Q. Why not; what has he done; what have you observed about it 
 that made you think so? A. Merely the mannerisms of being 
 brusque, and judging from tiie man's character I supposed that he 
 was a man that would ride over anybody if opportunity presented. 
 That is merely my own judgment. 
 
84 
 
 Mr. Johnson moved to strike out the answer, because it was a sup- 
 position on the part of the witness, and the Board directed it to be 
 stricken out. 
 
 Mr. HoLL — I simply want you to state what you have seen in Mr. 
 Wallis in reference to his manner of conducting himself and the 
 business there. State if you remember of any circumstance which 
 made an impression on your mind, and relate the circumstance 
 instead of your impression? A. Well, I have noticed it very often 
 with myself inquiring for books in tlie library and the answers that 
 I received. In fact I was impressed that his 
 
 Mr. Ball — Do not give your impressions, please. Tell us what he 
 did. 
 
 Mr. HoLL — What was the peculiarity about the answers that he 
 would give you. State what there was about his answers that 
 attracted your attention? A. Well, lean onlj^ tell you that which 
 impressed me. I do not remember any conversations that I had 
 with liim. I could not tell you the sentences. 
 
 Q. You do not remember the language that made the impression 
 on your mind, but you remember the impression? A. I remember 
 the impressions; yes. 
 
 Cross-exaw.ination — Drinking in Library. 
 
 Mr. Johnson — Did you drink at the time that you were in the 
 office? A. Yes. 
 
 Q. Do you remember who else was there at that time? A. Yes. 
 
 Q. Whom? A. Mr. Eagan. 
 
 Q. John A. Eagan? A. No; Thomas Eagan, of the Secretary of 
 State's office. 
 
 Q. Was anybody else there during the time? A. I do#not think 
 so, with the exception of Mr. Wallis. 
 
 Q. Was Mr. Sluittuck there, the Deputy Secretary of State? A. I 
 do not think he was, sir. If he was I do not remember it. 
 
 Deportment of Librarian. 
 
 Q. In asking for books, did you get the books that you wanted? 
 A. Yes. 
 
 Q. Were they religious books that you were inquiring for? A. I 
 have inquired for religious books very often, sir. I have used quite 
 a number of them. 
 
 Q. Did you ever see anybody that, under a rough exterior, had a 
 good heart? A. Very often, sir. 
 
 Q. And did you ever see anybody whose manner was somewhat 
 brusque, who had really good intentions, and that it was simply his 
 manner that was against him? A. I have, thousands. 
 
 Opening and Detention of Letters. 
 
 Mr. HoLL — Do you remember the circumstance of telephoning to 
 the office of Wells, Fargo & Co. last Spring in reference to t)ie deliv- 
 ery of letters here at the library? A. Yes. 
 
Q. Just go on and state the circumstances accompanying that? 
 
 Mr. Johnson objected, as irrelevant, immaterial, and incompetent, 
 and the Board overruled the objection. 
 
 Mr. HoLL — State what was the result of that telephoning? A. Last 
 Spring, probably in the month of April, but I am not {)Ositive, Miss 
 Patton came into my office, called me, and asked me if I would tele- 
 phone to Wells, Fargo & Go's, office and ask if there was a letter 
 there for her 
 
 Mr. Johnson objected, as irrelevant and incompetent, and the 
 objection was sustained. 
 
 Mr. HoLL — Did Miss Patton come to you and request you to send 
 a telephonic message to Wells-Fargo's inquiring as to the time when 
 a letter was delivered at this office? 
 
 Mr. Johnson objected, as leading, irrelevant, immaterial, and 
 incompetent, and the Board sustained the objection. 
 
 Mr. HoLL — State what Miss Patton requested of you in reference 
 to sending a telephonic message to Wells, Fargo & Co.'s office making 
 inquiries about a letter? 
 
 Same objection. Overruled. 
 
 Q. About the first of April. Did you receive any answer from 
 Wells-Fargo ? A. I did. 
 
 Q. Through the telephone? A. I did ; yes. 
 
 Q. Did you communicate that answer to Miss Patton? A. I did. 
 
 Q. Do you know at what time that letter was delivered in the 
 office of the State Library, as regards the time when Miss Patton 
 received it? A. Of course I do not know. I know what Wells- 
 Fargo's man telephoned back. 
 
 Q. Was it delivered by Wells-Fargo the same day that Miss Patton 
 received it, or some other time? Do you know when that letter was 
 delivered in the library ? A. I do not know, except from hearsay. 
 
 Q. From what source did you get your information — what hear- 
 say? 
 
 Mr. Johnson objected, as irrelevant and immaterial, and the objec- 
 tion was sustained. 
 
 Mr. HoLL — What did Miss Patton do, if anything, in reference to 
 the matter after you communicated what you learned from Wells- 
 Fargo ? 
 
 Objected to. 
 
 Q. Do you know whether she made any statement to Mr. Wallis in 
 regard to it? 
 
 Mr. Johnson objected to the question, as irrelevant, immaterial, 
 and incompetent, and the objection was overruled. 
 
 Mr. HoLL — In reference to that message that you received through 
 the telephone? A. I know of no conversation that occurred between 
 Miss Patton and Mr. Wallis on the subject. 
 
 Q. Did you talk to Mr. Wallis about it? A. I have never spoken 
 to Mr. Wallis on the subject — that is, on the subject of a letter — that 
 I know of; in fact, I am positive. 
 
 Q. What did Miss Patton do in reference to the communication? 
 
 Objected to. 
 
86 
 
 Q. You did not hear any conversation between Miss Patton and 
 Mr. Wallis? A. No. 
 
 Mr. Johnson moved to strike out all of the testimony of the wit- 
 ness in reference to the telephonic message by him for Miss Patton, 
 or any statements in reference to any that were received by him, on 
 the ground that the testimony is irrelevant, immaterial, incompetent, 
 and hearsay. 
 
 Mr. HoLL — Did you receive a message from Wells, Fargo & Co. in 
 reference to this letter? A. In reference to a letter 
 
 Q,. In reference to a letter that had been delivered? 
 
 The question was objected to, and the motion to strike out the te.-^- 
 timony was denied. 
 
 Mr. HoLL — I offer in evidence, in connection with the testimony of 
 Miss Patton, the article referred to from the Sacramento Bee of Mon- 
 day evening, July 30, 1883. 
 
 The article was read in evidence as follows: 
 
 "the state library imbroglio. 
 
 "Editors Bee: The dismissal of Miss Patton from her position of 
 deput}^, has developed some facts in connection with the office of 
 State Librarian which should be generally known, and when known, 
 would authorize, if they do not require, the Board of Trustees to dis- 
 miss Mr. Wallis from his position. The Board of Trustees were 
 elected, as was supposed, in the interest of that gentleman, but when 
 that Board held its meeting to elect a Librarian, it was painfully ap- 
 parent to a majority of the Trustees that Mr. Wallis did not possess 
 personal qualifications which would enable him to fill that office 
 wath credit, and two of the members, Messrs. Belcher and Crane, 
 voted against him. Mr. Edgerton was, with difficulty, induced to 
 vote with Messrs. Freeman and Owen. Before he was elected, Mr. 
 Wallis surrendered to the Board his right to appoint his deputies, 
 and Miss Patton and Mr. White were selected by a vote of the Trus- 
 tees. The law gives the Librarian the right to appoint his deputies, 
 and he now asserts the right of removal under circumstances not par- 
 ticularl}' creditable to him. His letter to Miss Patton, I shall assume, 
 states his case fully and fairly against Miss Patton. That letter 
 makes the following facts the basis of his request: 
 
 " Fi7'st — Allowing books to remain off the shelves. 
 
 " Second — Misplacing books when returned to the shelves. 
 
 " Third — Not keeping the cases locked. 
 
 " Fourth — The door of art department not immediately locked on 
 departure of visitors. 
 
 " Fifth — Failing to check off cataloguing cards. 
 
 "These are all the facts charged b}' Mr. Wallis against Miss Pat- 
 ton. They do not, if true, amount to charges ; thej'" hardly rise to 
 the dignity of excuses for her removal. Now, the facts are that as to 
 charge number one, it is not true. The books have been kept in 
 place by Miss Patton. The cases have been kept locked, as a general 
 rule, and no complaint was made and no confusion resulted. The 
 recess of the art department is protected by wire screens and door. 
 
87 
 
 The seat usually occupied by Miss Patton is near that door. When 
 the recess was occupied by visitors, the Librarian or some deputy 
 must open the door. Mr. Wallis directed Miss Patton to close the 
 wire door immediately after a visitor left. To this Miss Patton ob- 
 jected as rude to the visitor, but the door was always closed as soon 
 as politeness permitted. The books were kept in place by Miss Pat- 
 ton, and the universal opinion of those who visited the library was 
 that her department was kept in order. When Mr. Wallis first took 
 his place, he started in to make a catalogue, but he soon abandoned 
 the project, and the whole matter was dropped. Why exhume that 
 as an excuse ? The matter of making a catalogue did not proceed, 
 because the Librarian had no stomach for the labor, and perhaps 
 because he had not the capacity to plan one. Mr. Wallis says in his 
 letter to Miss Patton : 'I have laid this matter before a majority of 
 the Trustees, who have indorsed the course I have determined to 
 pursue.' Did Mr. Wallis state his puerilities to Judge Belcher, or 
 Mr. Edgerton, or Mr. Crane, or Mr. Owen? Did either of these gen- 
 tlemen state that he would consent to the dismissal of Miss Patton on 
 such charges? I think not, and if not, it would seem that these gen- 
 tlemen should insist that Mr. Wallis should be superseded in his 
 place by some one who could state the truth in his official papers. 
 Mr. Wallis says to Miss Patton : ' I have called a meeting of the 
 Board of Trustees for Thursday, July twenty-sixth, at one o'clock p. m., 
 to take action in the premises, when you will have ample oppor- 
 tunity to be heard.' When that time arrived Miss Patton appeared 
 before the Board, expecting to have the action of Mr. Wallis reviewed, 
 and the facts fully brought out. The papers have it that the Board 
 refused to hear the matter. The fact is there were present Trustees 
 Freeman, Edgerton, and Owen. Absent, Belcher and Crane. Messrs. 
 Edgerton and Owen desired to hear the evidence. Mr. Freeman 
 left his seat as Chairman, saying that the Librarian had that matter 
 in hand, leaving the Trustees without a quorum. Mr. Freeman, at 
 the time the Trustees selected the deputies, took part in it as Trustee. 
 Now, he thinks the Trustees can have nothing to do with it. The 
 cause of this change of heart is not apparent. It may, however, be 
 developed further on in the drama, when the Librarian fills his 
 vacancy. I would suggest that Mr. Owen revise his charges against Mr. 
 Wallis, and add to them the charge that his statements are not to be 
 relied on, if he shall find on incj[uir3% that a majoritj" of the Trustees 
 did not advise the removal of Miss Patton, without a hearing, and on 
 the ex parte statement of the Librarian. 
 
 "SiLEX." 
 
 Testimony of S. P. Maslin. 
 
 Called and sworn on behalf of the prosecution. 
 
 Mr. HoLL — Mr. Maslin, what is your first name? Answer — "S. P." 
 are my initials. 
 
 Q. Where have you been employed since January of last year? A. 
 In the Adjutant-General's office. 
 
 Q. In this building? A. In this building. 
 
88 
 
 Drinking in Library. 
 
 Q. You know Mr. Talbot H. Wallis, the Librarian? A. Yes. 
 
 Q. Have yon been in the library frequently? A. Very frequently. 
 
 Q. During last Winter were you there a good deal? A. Yes. 
 
 Q. State whether you, at any time, observed any drinking in any 
 part of the library? A. Yes; I have. 
 
 Q. What place? A. The private office. 
 
 Q. State as clearly as you can about the extent of the drinking 
 that you observed there? A. Well, the drinking I observed in there 
 was twice, and the extent was to the amount of two persons — myself 
 and one other. 
 
 Q. That is all? A. Yes. 
 
 Q. Did you drink there? A. I believe I did. 
 
 Q. Did you ever see anybody in that place drink when you did 
 not drink yourself? A. No. 
 
 Q. Did you ever see persons go into that room? A. I have, a great 
 many — ever}^ day that I have been there. 
 
 Q. Do you know what they went in for? A. That was something 
 that did not concern me, and I did not ask. 
 
 Q. Did you ever observe what they would do after they got in 
 there? A. I could not say. 
 
 Q. Do you know whether or not they went in there to drink some 
 of Mr. Wallis' whisky? A. That is a matter of opinion; I do not 
 know. 
 
 Q. That is a matter of opinion, and you do not know ? A. Yes. 
 
 Q. You have an opinion about it? A. I suppose I have an opinion. 
 
 Q. A very decided one? A. I do not know whether it is decided 
 or not. 
 
 Q. Did you ever talk with Mr. Wallis about the liquor, and 
 whether he kept any liquor in there? A. No. I had no occasion to 
 talk about it; I saw it there myself. 
 
 Q. How many times did you see it? A. Twice. 
 
 Q. You did not talk with Mr. Wallis about it? A. No; I did not. 
 
 Q. Did I understand you to say that you never did talk with Mr. 
 Wallis in reference to his keeping liquor, or the amount of liquor 
 that he kept in there, or the amount of liquor that was consumed in 
 that place last Winter during the session of the Legislature? A. No; 
 I never talked with him about it. 
 
 Q. Did he talk with you? A. No; he never talked with me. 
 
 Q. Did you learn from him in any way as to how much it was? 
 A. I do not know as it was through him — not from him. 
 
 Q. From persons who represented him? A. No. 
 
 Q. Now, do I understand you that all that you know of your own 
 knowledge about the drinking, or the use of liquor in the library, is 
 that you were there with some one else twice and drank? A. That 
 is all I know. 
 
 Q. Did you ever tell anybody that Wallis told you that he used 
 thirty-five gallons of whisky during last Winter ? A. No; I did not. 
 
 Q,. Or any quantity? Did you tell anybody that Mr. Wallis told 
 you that an}^ particular quality was used ? Did you ever talk with 
 
89 
 
 anybody, and state that Mr. Wallis had said tliat certain quantities, 
 naming the quantities, of whisky, had been consumed there. 
 
 Mr. HiNKSON objected to the question, as leading, and the objection 
 was overruled. 
 
 A. No, I never told any person that Mr. Wallis told me that there 
 were thirty-five gallons, or any quantity of liquor used. 
 
 Q. Did 3^ou have any conversation with anybody, in which you 
 spoke of conversations with Mr. M^allis in reference to the use of 
 liquor in the library? 
 
 Mr. Johnson objected, as immaterial, irrelevant, and hearsay; and 
 the objection was sustained. 
 
 Mr. HoLL — Did you ever tell Mr. Sheehan, of the Bee, that upon 
 the matter of the charges in reference to the use of liquor made 
 against Mr. Wallis, that you could sustain everything that was said 
 in those charges? A. No, I did not. 
 
 Q. Did you ever state that to anybody? 
 
 Mr. Johnson objected, as irrelevant, immaterial, and too indefinite; 
 that the witness is entitled to have the name of the person. 
 
 The objection was sustained. 
 
 Mr. HoLL — Did you ever have any conversation since these charges 
 were preferred against Mr. Wallis, in the City of Sacramento, with 
 any person, in which you stated that upon the matter of whisky 
 you could sustain everything that was alleged against Mr. Wallis? 
 
 Same objection — sustained. 
 
 No cross-examination. 
 
 C. E. GUNN 
 
 Was called by the prosecution, but he refused to attend. 
 
 Testimony of J. J. Owen. 
 Called and sworn on behalf of the prosecution. 
 
 Opening and Detention of Letters. 
 
 Mr. HoLL — Mr. Owen, it is in evidence that a letter was received 
 from you in a stamped envelope, bearing the stamp of the Mercury 
 office of San Jose, and addressed to Miss Patton — about, I believe, 
 the twenty-fifth of February or the twenty-fourth of February it was 
 received here. The first question I want to ask you is whether your 
 attention was called to that letter by Miss Patton shortly after it was 
 written? Answer — Yes. 
 
 Q. So as to fix your mind upon that particular letter? 
 
 Mr. Johnson objected to the question, as irrelevant, immaterial, 
 and incompetent. 
 
 The objection was overruled by the Board. 
 
 A. Yes, my attention was called to that letter. 
 
 12 
 
90 
 
 Q. Now, in reference to that particular letter, state whether when 
 it left your office it was inclosed in an envelope that was perfect or 
 in one that had been mutilated by yourself opening the letter? A. I 
 received a note from Miss Patton 
 
 Mr. Johnson objected, that the witness was not answering the 
 question. 
 
 The Witness — It will be an answer before I get through. It was 
 inclosed in an envelope that was perfect. 
 
 Mr. Ball — What was the date of the letter? A. I do not know; 
 I do not remember the date exactly; it was shortly, I think, after 
 the adjournment of the Legislature ; I can explain now if you wish 
 to hear me; it was shortly after the adjournment of the Legislature; 
 the subject-matter of the letter related to 
 
 Mr. HoLL — It was a letter that your attention was called to from 
 the fact that it was supposed to have been opened? A. Yes. 
 
 Mr. Johnson moved to strike out the answer, as leading, and the 
 motion was granted. 
 
 Mr. HoLL — State why your attention was called to that letter? A. 
 Miss Patton wrote me concerning it. 
 
 Q. In reference to what — why? A. From the fact that she believed 
 it had been opened, and asked me if I sent it in a perfect envelope. 
 
 Q. That letter is the one you have testified about? A. Yes. 
 
 Mr. Johnson — How do you know that you sent it in a perfect envel- 
 ope? A. Well, I make it a rule in correspondence that if I ever have 
 occasion to open a letter I invariably destroy the envelope, because 
 it always conveys a sort of an impression to the receiver that it may 
 have been tampered with. I know tliat I never — in that particular 
 instance, because my memory was called to it at the time — I know 
 that I did not open the letter after I sealed it. 
 
 Q. That is the only reason you have for saying that it was a per- 
 fect envelope because you had not opened it yourself? A. Yes. 
 
 Q. As a matter of fact envelopes sometimes are defective? A. It 
 is possible, of course, that the envelope might have been defective; 
 it is possible. 
 
 Mr. HoLL — I want to ask you this question in reference to that 
 envelope: If this edge of the envelope in which you inclosed the 
 letter had been mutilated, would not that matter have attracted j^our 
 attention, and would 3^ou not have seen that the envelope was muti- 
 lated at that place when you inclosed that letter? 
 
 Mr. Johnson objected to the question, as leading, and the objection 
 was overruled. 
 
 A. It would have been very apt to have attracted my attention. 
 I might — I do not say that I might not have inclosed a letter in a 
 defective envelope — but I do not think it at all probable that I did 
 do so. 
 
 Q. Are you positive as to whether j^ou opened that letter after you 
 sealed it? A. I did not open it after I had sealed it. 
 
 Q. Did you have any envelopes that you were using that were 
 defective in that particular? A. No; our envelopes at our office are 
 stamped on the left-hand upper corner, and if they had been defect- 
 
91 
 
 ive I should have been very apt to have known it. I do not say 
 positively ; I might have not. 
 
 Mr. Johnson — At that time did you write to more than one Miss 
 Patton — I mean, did j'^ou have any other correspondent except Miss 
 Patton ? A. T write a great many letters. 
 
 Q. At that time did you have more than Miss Patton as a corre- 
 spondent? A. Well, 1 have a great many correspondents. I am 
 writing letters all the time, a dozen a day. 
 
 Q. I am not asking about now; I mean then. You had a large 
 number? A. I have a great many business letters. 
 
 Q. And you have friendly letters that you write? A. Yes. 
 
 Q. You have a large and extensive circle of friends and acquaint- 
 ances in this State? A. I have some. 
 
 Q. And you have some in the East, and you frequently write to 
 them ? A. 1 do, certainly. 
 
 Q. As a general proposition, j^ou write a number of letters a day? 
 A. Yes. 
 
 Q. And you did at that time? A. I do not remember writing 
 many letters that day. I remember writing that letter distinctly. 
 
 Q. You do not remember as to any other letter particularly, at this 
 distance of time? A. Of course not. I should not have thought of 
 this if she had not called my attention to it. 
 
 Q. And therefore your attention not having been called to other 
 envelopes or other letters you do not know in reference to them except 
 generally ? A. I do not ; certainly not, only as I say, I should be very 
 apt to see a defective envelope as most any gentleman would in 
 addressing a letter. 
 
 Q. When you are in a hurrv you would notice that as quick as if 
 you were not? A. I think so. 
 
 Q. Being in a hurry does not affect your mind in reference to these 
 little matters? A. I do not know. I think a man who does accurate 
 business is not affected in that way, so that he would not do it prop- 
 erly, especially in the matter of directing and sealing letters. He 
 is not apt to. 
 
 Testimony of C. E. Gunn — Recalled. 
 
 Incovipetency of Librarian. 
 
 Mr. HoLL — Mr. Gunn, will you please look at that eulogy that is 
 reported in the Record-Union of the twenty-sixth of July, 1882 — an 
 eulogy pronounced on the Hon. Henry Edgerton. Have you looked 
 at it? Answer — Yes. 
 
 Q. Did you ever see that before? 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, and 
 not responsive to any of the issues in this case. 
 
 Mr. Edgerton — Do you offer that for the purpose of proving that 
 I did not write it? 
 
 Mr. HoLL — This is a speech delivered by the State Librarian, Mr. 
 Wallis, before the Caledonian (?) Republican Club, on the twentj'- 
 
92 
 
 fourth day of July. The point I make is simply this: We have 
 charged upon this Librarian that he is not educated, and that he is 
 not competent by reason of defective education to conduct the busi- 
 ness of this library, and for the purpose of proving that charge I 
 propose to show that he is not capable of composing such speeches 
 as he himself desires to make. I propose to show that Mr. Gunn 
 wrote this speech for Mr. Wallis, and that he delivered it as his own. 
 The Board sustained the objection. 
 
 Testimony of Talbot H. Wallis. 
 
 Called. and sworn on behalf of the prosecution. 
 
 Mr. HoLL — Mr. Wallis, how long have you been connected with 
 the California .State Library? Answer — My impression is, from the 
 fourteenth day of October, 187L 
 
 Q. How many years is that? A. It will be twelve years. 
 
 Q. Twelve years? A. Not twelve years; eleven years and a lew 
 months over. 
 
 Q. What capacity have you been employed in in connection with 
 the library during that time? A. First, I came here as Porter, then 
 as a deputy, and now I hold the position of Librarian since the sixth 
 of April, 1882. 
 
 Q. How long have you been Librarian? A. Since the sixth day 
 of April, 1882, and I have drawn my salary since the seventh. 
 
 Q. How long have you been in each of those positions ; how long 
 did you occupy the different positions? A. I occupied the position 
 of Porter from October, 1871 — that is my impression, but I may not 
 be correct about the month, but it was in 1871 — until a month, I 
 think, after the adjournment of the Legislature in 1880. 
 
 Q. What? A. Until a month after the adjournment of the Legis- 
 lature in 1880. I am not positive about that; it may have been two 
 weeks, or it may have been a month. 
 
 Q,. I understand that the law controlling the Library of California 
 imposes upon you, as one of the duties of Librarian, to establish a 
 system of foreign and domestic exchange of books? A. Yes. 
 
 Mr. Johnson moved to strike out the answer, because the law is 
 the best evidence of that, and that shows what his duties are. 
 
 The Board overruled the objection. 
 
 Mr. HoLL — In pursuance of that duty imposed upon you by law, 
 what have you done by way of establishing a system of exchange for 
 the State Library of California? A. Well, the answer to that will 
 take me a few moments. When I took the position of State Libra- 
 rian, I found that it was deficient in several reports of the various 
 States, and that our exchanges were away behind. I then wrote a 
 letter — instead of writing a letter, I wrote a postal card, and had it 
 printed for the purpose of saving postage stamps — and I sent a note 
 to each State telling them that our Secretary of State took a pride 
 in being accommodating to other States, and would accommodate 
 them with any report and papers that they were entitled to, and 
 
93 
 
 asked the same favor from them; that any books that they requested 
 would be sent to them free of charge, and notified them of the vari- 
 ous reports tliat had not been sent out. By tliose letters I have 
 adopted a system of exchange which had never been adopted in the 
 library before. I am receiving now reports from all portions of the 
 States free of charge, and I excliange the same with them. With 
 the kindness of Mr. Thompson, the Secretary of State, who has been 
 very prompt, our reports have been returned to them; and they have 
 sent to us the reports of the various States immediately on their 
 being printed. I have also established with Germany a system of 
 exchange which never had been established before. I have estab- 
 lished with France a system of exchange which never had been 
 established before. I have also established a system of exchange 
 with England — with the various departments of England — for their 
 reports on railroad matters, and on matters of agriculture, etc., and 
 we receive them free of charge in consideration of the returns from 
 this State of our own reports. I have established with Australia a 
 similar communication with them, and they have sent us their 
 reports and we return ours. I have established the same system with 
 Canada. To-day we are in exchange with every State in the Union, 
 and on friendly relations with them. One week ago I wrote a letter 
 and handed it to Mr. Gunn, and it was printed on a postal card, 
 informing the various States of the latest reports which were in the 
 library and the latest statutes, and requesting them that if they had 
 not sent all, to please forward us the latest reports, and notify us if 
 we were delinquent, and if we were we would exchange with pleas- 
 ure. The records of the office will show, since the sixth day of April, 
 1882, the number of exchanges made with the State Library. 
 
 Q. In making those exchanges with the State Governments, what 
 department of the Government did you address? A. I have addressed 
 two ways. As there are but few libraries which are independent, as this 
 State Library is, from the Secretary of State's office, I have addressed 
 the Secretary of State and the State Librarian where I did not know 
 of the library being an independent institution, as this is, and the 
 one at Philadelphia. 
 
 Q. How many States ^are there in the United States which have 
 independent libraries? A. I cannot answer that, because it is a very 
 hard question to answer. Some of the Secretaries of State are ex 
 officio State Librarians. 
 
 Q. Li your correspondence with a view to establishing this system 
 of exchange, have you not discovered how many and what States had 
 libraries? A. No. Allow me to explain that the laws read this way: 
 That the Secretary of State shall furnish the Governor of the State of 
 California, or the Governor of this State, with the reports, and con- 
 sequently, when we send ours in exchange, we do not send to any 
 library, but we send to the Secretary of State, and he in turn sends 
 them to me, because he knows this is an independent institution. 
 That is the reason why I cannot answer your question. 
 
 Q. Can you now name any States in the Jnited States that have a 
 State Library as California has? A. Philadelphia has — I mean Penn- 
 sylvania. Mr. Little is the Librarian. 
 
94 
 
 Q. Name those States that have State Libraries? A. Every State 
 in the Union has a State Library. 
 
 Q. I mean State Libraries known as the State Library of the State 
 of California, or the State Library of the State of Pennsylvania? A. 
 I cannot answer that question. 
 
 Q. Can you mention any States, except California and Pennsylva- 
 nia, which have State Libraries? A. Yes, Massachusetts has one, 
 and Mr. Tillinghast is Assistant State Librarian. New York has a 
 State Library. 
 
 Q. Any others? A. Several of the Southern States have State 
 Libraries, and I believe some of them have colored women as 
 Librarians. I cannot give jou the law exactly that they are operat- 
 ing under. 
 
 Q. You have named New York, Pennsylvania, and Massachusetts 
 as States that have State Libraries. Do you know of any other 
 States that have State Libraries? A. I have not examined the law 
 of Nevada. I think I have received a letter froiji the Librarian of 
 Nevada. I cannot inform you whether it is operated under an inde- 
 pendent law or whether the Supreme Court Library is the State 
 Library or not, because my correspondence has been with the Secre- 
 tary of the State. 
 
 Q. Whether you can name any other State that has a State Library 
 except those that you have named? A. I cannot recall them to my 
 mind. 
 
 Q. You have established exchange with Germany, have you? A. 
 Yes. 
 
 Q. What kind of exchange have you there established? A. I 
 received a. letter from Mr. Sargent, requesting me to send on the 
 statutes of this State and the reports. 1 answered that letter myself, 
 and I told Mr. Sargent that I would, as soon as convenient, send him 
 the statutes and reports of this State. I mean by the reports the 
 legislative reports. As to the matter of the Supreme Court Reports, 
 I would bring that before the Secretary of State and the Trustees of 
 the State Library. He answered my letter, and said that the Ameri- 
 can Librarian would be glad to accept the offer, and to forward the 
 books as soon as convenient. 
 
 Q. That was in answer to a letter that you received from the 
 United States. Minister at Berlin, Mr. Sargent? A. Yes. 
 
 Q. Before that time or since that time have you taken any other 
 steps, or addressed any portion of the German Government, with a 
 view to establishing a system of exchange, and, if so, how? A. I 
 have not. 
 
 Q. All that you have done towards establishing that exchange, 
 was to write this letter to Mr. Sargent in reply to one that he 
 addressed to you. You have established an exchange with France. 
 How did you do that, and what part of tlie French Government did 
 you establish this exchange with ? A. I forget the gentleman's name. 
 I have it on my record. He came here. He was the agent for the 
 agricultural department and I gave him some reports. He wrote a 
 letter to France about the wine interest, and I received several 
 
95 
 
 reports, aiul I made an arrangement on his return to New York to 
 make exchange. The letters are down stairs. 
 
 Q. Is that the way that you have established the exchange with 
 France? A. That is the only way we have to establish exchange. 
 We are continually receiving reports and documents from all the 
 countries in the world, and we have to remunerate them by sending 
 them something in return. 
 
 Q. Did not you establish a system with some definite department 
 of the government. Did not you find some part of the government 
 of Germany — some portion of the German Government, or of the 
 French Government, that is vested with power to exchange books. 
 Do you know of any such department? A. I suppose so. 
 
 Q. What is it? A. I exchange with the department. 
 
 Q. What department? A. The head of the department, of course. 
 
 Q. What is it? If you want to establish an exchange with Ger- 
 many or France, what part of the government would you address? 
 A. I would write to the officers having charge of the exchange 
 department. ^ • 
 
 Q. What officers ? A. The correct officers. 
 
 Q. Whom? A. I would find out very soon when I undertook to 
 write a letter. 
 
 Q. Will you tell this Board who you would address if you wished 
 to establish a system of exchange with the French Government? 
 A. I would send it to the Agricultural Department; and if I wanted 
 to get anything from the other departments, I would write to the 
 others. 
 
 Q. What others? A. The Finance Department— the Secretary of 
 any department ; the Agricultural Department, or the Minister or 
 the person having control of the agricultural interests of France. 
 
 Q. Have you attempted such an exchange? A. Yes, and so has 
 my predecessor, Mr. Cravens. 
 
 Q. What departm.ent have you sent to? A. The Agricultural 
 Department. 
 
 Q. When ? A. After the agent was here. 
 
 Q. It was through this agent? A. No. 
 
 Q. How did you do it ? A.I wanted to find out if there were any 
 books published describing the various soils on which the different 
 kinds of grapes are grown in France ; and I was unable to find a 
 book or pamphlet in relation to the grape from which claret is made, 
 and I was unable to find information in reference to the kind of soil 
 in which to plant the grape here from which claret is made. I wrote 
 to the Department of Agriculture there, and they said they were 
 sorry that they could not furnish the information. 
 
 Q. That is the only effort which you made? A. No; I have made 
 various efforts, Mr. Gunn and myself. 
 
 Q. How? A. By writing letters. 
 
 Q. To whom ? A. To the Agricultural Department. 
 
 Q. The same department? A. Yes. 
 
 Q. For what purpose? A. To have an exchange. 
 
 Q. An exchange of what? A. Anything regarding agriculture or 
 the climate and soil for the raising of grapes and fruit that would be 
 
96 
 
 of use to us. We desired to return the same compliment that they 
 would give us ; we would send them documents on agriculture and 
 fruit raising and grain growing. 
 
 Q. Have you made any effort with any other department of France 
 to open an exchange of books ? A. No. 
 
 Q. Do you know of any other institution that would probably 
 exchange books with this State? A. I can answer that question this 
 way : I have a list of the several countries which I desire to exchange 
 with, but coming into the library and finding the library in the con- 
 dition that it was, I felt that it was my duty to bring the library up 
 to a standard first, and tlien to establish a system of exchange which 
 would last forever ; and I only asked to exchange with various gov- 
 ernments books which were needed for practical purposes. 
 
 Q. When you come to that point where you want to establish a 
 system of exchange of miscellaneous works on science, art, and 
 matters of that kind, what course would you pursue and what 
 department of the French Government would you address? A. 
 No department at all. 
 
 Q. What institution, or how would you proceed to establish it? 
 A. Not at all ; postage stamps are too high; we could not afford it; 
 we have to mail a great many letters. 
 
 Q. You say that you have only attempted to establish an exchange 
 within a limited range — within the region of agriculture. When 
 you get ready, or when you come to a point when you desire to estab- 
 lish an exchange generally of such books as may be of interest that 
 can be obtained from France — such miscellaneous works on different 
 subjects of human knowledge — what institution or what department 
 of the French Government would you address with a view of estab- 
 lishing such a system of exchange? 
 
 Mr. Johnson objected to the question, because it is irrelevant, im- 
 material, and theoretical. 
 
 The Board overruled the objection. 
 
 A. To the various departments interested in the matter in which 
 I desire to exchange. 
 
 Q. Name those departments that you would address? A. I could 
 not name them here; I can do so in a minute. 
 
 Q. Can you name the departments that you would address? A. 
 No. I know there are several departments, and I have addressed 
 letters to several departments; I cannot name them all. 
 
 Q. Have you attempted to establish any system of exchange with 
 foreign libraries? A. No. 
 
 Q. In France, England, Germany, Austria, or Italy? A. No. 
 
 Q. Now, if you desired to establish an exchange with the princi- 
 pal library in France, what institution would you address? A. I 
 would first find out the power I had to make the exchange. 
 
 Q. We concede the power. 
 
 Mr. Johnson objected, as irrelevant and immaterial, and the objec- 
 tion was overruled. 
 
 A, I would first address a letter to the Minister and get on friendly 
 terms with the library, and would see if they were satisfied with the 
 
97 
 
 exchange that T could make, or if 1 was in correspondence with the 
 officers of the library I would then write to tiiem. 
 
 Q. Do you know of any institution that now exists in France to 
 which it would be proper for you, as Librarian, to address a commu- 
 nication with a view of establishing or attempting to establish a sys- 
 tem of exchange? A. The Minister. 
 
 Q. That is the only one that you think would be proper? A. I 
 think he would [)ay more attention to it than any one else. 
 
 Q. That is hardly an institution ; do you know of any institution 
 existing in France, not the American Minister ? A. The exchanges I 
 have made have been with the various departments. 
 
 Q. Do you know of the existence of any institution in France now 
 that it would be appropriate for you to address, as Librarian of the 
 State of ('alifornia, with a view of effecting a system of exchange of 
 books ? A. Simply the head of the departments. 
 
 Q. Is that all? A. That is all. 
 
 Q. Do you know of any institution irf England that it would be 
 appropriate for you to address in that way for that purpose ? A. I 
 would also address to the head of the department. If I wanted a 
 particular exchange I would address to the various departments in 
 that science — agriculture, or whatever I desired information about. 
 
 Q. You do not know of any institution existing in England that it 
 would be appropriate to address on that subject, or do you ? A. I 
 would write to the Minister. 
 
 Q. That is tiie only way that you think would be appropriate to 
 establish an exchange? A. There are various ways. 
 
 Q. What other ways? If there are any other ways that you can 
 think of, name them? A. I cannot think of them at present. 
 
 Q. You cannot think of none other at present? A. No. 
 
 Q. Mr. Wallis, can you give us the names of a few of the principal 
 libraries in the world ? 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, and 
 not responsive to any of the issues in this case. 
 
 The objection was overruled by the Board. 
 
 A. I decline to answer. 
 
 Mr. HoLL — That suits me as well as anything else. A. Yes; I can. 
 
 Q. Can you give this Board the approximate number, not the 
 exact number, but the approximate number, within a couple of hun- 
 dred thousand, of the library that contains the largest number of 
 volumes in the world? A. I decline to answer the question. 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, and 
 not responsive to any of the issues in this case. 
 
 The objection was overruled by the Board. 
 
 Mr. HoLL — Will you answer it? A. No. 
 
 Q. Can you name the largest library in France ? 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. Can you name any library in France that contains as many vol- 
 umes or more than that of the State of California ? 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 13 
 
98 
 
 Q. Can you name any library in England — any great library in 
 England ? 
 
 Same objection — overruled. 
 
 A. I decline to answer the question. 
 
 Q. Why do you decline to answer; will you please state? A. No. 
 
 Q. You refuse to give any reason why you decline to answer? A. 
 Not for the reason that I do not know. 
 
 Q. Then if you do know? A. For this reason: I do not desire 
 that the prosecution shall make a witness of me. I shall answer 
 questions of my knowledge here. I am perfectly familiar with the 
 library. 
 
 Mr. Edgerton — I hardly think that will do. The Board have 
 decided that the questions are proper. I hardly think that it is 
 proper for the witness to pass upon that question. 
 
 The Witness — I decline to answer. 
 
 Mr. IToLL — Will you please name some library of importance in 
 any of the cities of Germany? 
 
 Same objection — overruled. 
 
 A. I decline to answer the question. 
 
 Q. In Austria? 
 
 Same objection —overruled. 
 
 A. I decline to answer. 
 
 Q. Will you please name any library in any country in Europe 
 that contains as many volumes as the library of tiie State of Califor- 
 nia, or more? 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. Will you name any library in the United States that contains 
 as many or more volumes tlian the library of the State of California, 
 and where such library is situated? 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. In any State in the United States outside of California? 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. Is there such an institution in the United States as the Library 
 of Congress? 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. Why do you decline to answer? 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, 
 not responsive to any issue in this case; and further, that the witness 
 has already explained the reasons why he does not think the ques- 
 tions are proper or pertinent. 
 
 Mr HoLL — Do you know whether there is a library of that name? 
 
 Same objection- — overruled. * 
 
 A. — I decline to answer. 
 
 Q. Mr. Wallis, have you anything in your library that bears the 
 name of " An Elegy written in a Country Churchyard?" 
 
 Mr. Johnson objected, as irrelevant, immaterial, incompetent, 
 not responsive to any of the issues in the case, and asked simply for 
 
99 
 
 the purpose of creating a laugh on the part of the spectators, and not 
 with an honest intention of getting an answer from the witness. 
 
 The objection was overruled by the Board. 
 
 Mr. HoLL — Will you answer the question ? A. No. 
 
 Q. Mr. Wallis, have you anything in your library that bears the 
 title of "Thanatopsis?" 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. Do you persist in declining? A. Yes. 
 
 Q. Have you the poems of Homer, the "Iliad " and the " Odyssey," 
 in your library, translated by an American ? 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. You decline to answer that question whether you have them 
 translated by an American? A. Yes. 
 
 Q. Have you any such work in your library, or anything that is 
 known by the name of the "Divine Comedy?" 
 
 Same objection, and further that the catalogue is the best evidence, 
 and that the witness ought not to be compelled to answer these 
 questions under oath. 
 
 Mr. HoLL — Does any such thing belong to the library as bears the 
 name of the " Divine Comedy?" 
 
 Same objection — -overruled. 
 
 A. I decline to answer. 
 
 Q. Have you any reason? A. I simply decline; that is my reason. 
 
 Q. Mr. Wallis, tell this Board who the author was of "Robinson 
 Crusoe?" 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 Q. Have you any such work or book, or anything in your library 
 as bears the name of "Hudibras?" 
 
 Same objection — overruled. 
 
 A. I decline to answer. 
 
 The Board here adjourned the further hearing of the investigation 
 until to-morrow. 
 
 On Thursday, September 6, 1883, the following additional testimony 
 was taken and proceedings had: 
 
 Mr. HoLL stated that in view of the fact that Mr. Wallis had refused 
 to give testimony when directed to do so by the Board, touching the 
 question of his competency, and had refused to furnish material evi- 
 dence in the case when he had an opportunity to furnish evidence of 
 the very highest character, he would announce that the prosecution 
 would close their case at this point. 
 
 Testimony of Frank F. Freeman. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — -What is your name ? Answer — My name is Frank 
 F. Freeman. 
 
100 
 
 Q. You are connected with the State Library? A. I am. 
 
 Q. How long since you have been connected with the State Library?" 
 A. Since the sixth day of April, 1882. 
 
 Q. You are acquainted with Talbot H, Wallis, Miss M. A. Patton^ 
 J. J. Owen, and C. E. Gunn? A. I am. 
 
 Conspiracy agabist Librarian. 
 
 Q. Do you remember the occasion of the meeting of the Board of 
 Trustees of the State Library when certain charges were preferred by 
 Mr. Owen against Mr. Wallis ? A. I do. 
 
 Q. Did you hear any conversation between Mr. Owen and Miss 
 Patton on that day? A. 1 cannot say that I heard any conversation ; 
 I heard a few sentences pass between the two persons. 
 
 Q. Where? A. 1\\ what is known as the general department of 
 the library. 
 
 Q. In reference to the charges was the conversation? A. Yes. 
 
 Q. State to the Board what it was. 
 
 Mr. HoLL objected, that this is not a proper inquiry; that it can 
 only be for the purpose of contradicting Miss Patton, and the foun- 
 dation has not been laid for its introduction. 
 
 Mr. Johnson — The proposition is to show the animus and motives 
 which govern this ijrosecution. We propose to show \>y this witness 
 matters of which, as I remember, we asked Miss Patton. 
 
 Mr. Edgerton — You must call the attention of the witness to the 
 specific question that was asked the other witness. 
 
 Mr. Johnson — In the course of that conversation did you hear her 
 ask Mr. Owen if he had read the charges to Mr. Wallis? A. I did. 
 
 Q. 1\\ the course of that conversation did you hear Mr. Owen reply 
 that he had, and that they did not have any effect upon him, or ' 
 words to that effect? A. I did, in reply to the question : " What effect 
 did they seem to have upon Mr. Wallis?" 
 
 Q. She asked him, "What effect they seemed to have upon him?" 
 A. Yes. 
 
 Q. What was Mr. Owen's reply? A. "No effect whatever." 
 
 Q. What did she say then? 
 
 Objected to, and question withdrawn. 
 
 Q. Li the course of that conversation did she say : "Let me go in 
 there; I would like to get in there; when I get in there — wait until 
 I get in there and I will show him," or words to that effect? A. I 
 will not pretend to give the exact language of the reply. So near as 
 I remember it, it was this: " When I get before the Board I will see if 
 it will not have some effect." 
 
 Q. Do you know as to whether Mr. Owen procured some legal caj) 
 paper in the Law Library? 
 
 Objected to, and question withdrawn. 
 
 Q. Do you remember having a conversation with Miss Patton some 
 time in the month of July — I think it was in 1882, in the general 
 office — in reference to obtaining the vote of or ascertaining the opin- 
 ion of Trustee A. C. Freeman as to the removal of Mr. Wallis? A. I 
 had such a conversation with Miss Patton. 
 
101 
 
 Q. Please detail that conversation ? A. It would be impossible for 
 me to detail in exact language of the conversation held between us. 
 
 Q. Give it as near as you can? A. Can I give the particular cir- 
 cumstances which led to the opening of the conversation? Miss 
 Patton seemed to think that a change was desirable in the Librarian 
 and she asked me if I thought that Mr. Freeman could be prevailed 
 upon by any means to vote to oust Mr. Wallis. I told Miss Patton, 
 so near as I remember, in this exact language, that I thought that no 
 power on heaven or earth would move Mr. Freeman to vote against 
 Mr. Wallis. She then asked me to speak to Mr. Freeman upon the 
 subject and see how he felt upon the subject. I promised neither 
 to speak to him about it or not, and there was nothing more said 
 about it. 
 
 Q. Did she say anything in reference to who would be the Libra- 
 rian, and as to who would have the other places? A. She said that 
 Mr. Gunn would be elected Librarian and that I would be promoted 
 to the deputyship in the Law Library. 
 
 Q. Did she state at that time how she obtained that information, 
 and who from ? 
 
 Mr. HoLL objected, that the attention of Miss Patton was not called 
 to any such a question, and the objection was sustained by the Board. 
 
 Mr. Johnson — Do you remember at that time as to whether she 
 used this expression : " That the other four Trustees were all right 
 if she could only get Mr. Freeman?" A. She remarked that the 
 other Trustees could be brought to that state of mind if Mr. Free- 
 man could be obtained on that side of the question. 
 
 Opening and Detention of Letters. 
 
 Q. Do you remember of the occasion of Miss Patton making some 
 complaint in reference to a letter of her's having been opened some 
 time in February, 1883? A. I do. I would not be sure about the 
 date. 
 
 Q. The reason I gave the date is because she gave the date at that 
 time. Now state whether or not she accused you of opening the 
 letter? A. Well, I will say right here, that from testimony given by 
 her yesterday, I would like to be allowed to go on and detail the 
 conversation held in the morning, in the Law Library, in reference to 
 that particular letter. 
 
 Q. Between you and her? A. In reference to that particular 
 letter. 
 
 Q. Proceed? A. Miss Patton, upon coming to the library in the 
 morning, walked to her desk and picked up a letter. 
 
 % 
 
 AFTERNOON SESSION. 
 
 Testimony of Frank F. Freeman — Resumed. 
 
 The Witness (continuing) — She then came into the Law Library 
 and asked me if I knew anything of the letter. I told her I did not. 
 
102 
 
 She said that she had serious misgivings as to the letter and thought 
 that it had been opened. I then said, I guessed it made no particular 
 difference if the letter had been opened; that I did not think it 
 would affect things very much. It was said in a joking manner. 
 She then asked if I knew anything about when the letter came into 
 the library. I then replied that I had nothing further to say about 
 the letter, that I did not intend to make any remark that might tend 
 to criminate any one: That is the explanation I wish to make lead- 
 ing up to that remark. Mr. Gunn was in the room at the time, and 
 him and I were conversing, and she requested Mr. Gunn to go into 
 the general department, as she wished to speak with him. He com- 
 
 flied with her request, arose from his seat, and went into her room, 
 went into the office, for what I do not remember, but shortly after- 
 wards went up stairs, and was reading Blackstone, and stayed there 
 until lunch time. I came down and got my lunch and came back. 
 I only desire to make the explanation as to the conversation in the 
 Law Library. I would rather have questions asked me. 
 
 Q. Go on as to the remark she made, if she made one, in reference 
 to your having to do with opening the letter? A. About ten min- 
 utes before I came down stairs she and Mr. Wallis were having an 
 altercation regarding the letter. I spoke in a joking manner and 
 a_sked,"What all this trouble was about?" She said it was a par- 
 ticular letter, and that she had just as leave believe I had opened 
 the letter as to believe that Mr. Wallis had opened it. I told her 
 that if that was her idea of me, if she thought I was capable of so 
 low,- mean, and contemptible a trick as that, I desired to have noth- 
 ing more to do with her, and would be very careful to not handle 
 any mail matter of her's that might come to the library in the future. 
 
 The witness was here temporarily withdrawn. 
 
 Testimony of W. C. Van Fleet. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — You reside in this city? Answer — Yes, I do. 
 
 Q. Your business is that of an attorney? A. Yes. 
 
 Q. You have been practicing law and residing in this city for a 
 number of years? A. I have been practicing law here for about ten 
 years, except a year or so. 
 
 Competency and Deportment of Librarian. 
 
 Q. Have you ever had occasion to use the State Library, and if so 
 state whether it has been seldom or frequent? A. Well, I have had 
 frequent occasion for th^use of the books in the library, the Law 
 Library. 
 
 Q. State, if during the time you have been a visitor to the library, 
 when you have had occasion to use the books, whether Mr. Wallis — 
 T. H. Wallis — was connected with the library? A. Well, I think he 
 has been nearly all the time that I have been practicing — a great 
 deal of the time. 
 
103 
 
 Q. You have had business in the library frequently since he has 
 been Librarian? A. Yes. 
 
 Q. State to the Board as to how you found him in his intercourse 
 with you, and with others that came under your observation, and, 
 also, as to his familiarity, if any, with the books and business of the 
 library? A. Well, so far as my knowledge and intercourse with Mr. 
 Wallis goes, he has always been very pleasant. I have always found 
 him prompt and ready to do anything that he could to satisfy one's 
 wants when a person came to the library, and, as far as my observa- 
 tion goes, he has always shown a great deal of familiarity with that 
 branch of the library that I have frequented — the Law Library. I 
 have never had occasion to go into the miscellaneous library, but 
 mostly to the Law Library. I noticed that his familiarity with the 
 Law Library was always apparent. 
 
 Q. State as to his demeanor and deportment, whether it was cour- 
 teous and gentlemanly? A. I think I did state that. My inter- 
 course with him has always been pleasant, and his demeanor and 
 his manners have always been courteous and pleasant to me, and 
 never otherwise to any one else in my presence. 
 
 Cross-examination. 
 
 Mr. HoLL — Since he has been Chief Librarian, has he been in 
 attendance on the Law Library; has he been in attendance? A. N<t; 
 but several times when I have gone into the Law Library, since he 
 has been Chief Librarian, he has asked me if he could do anything 
 for me, and he has found books for me. 
 
 Q. Several times; how many times? A. I do not know. I never 
 paid any attention to that — as to the number of times. L^sually 
 there is an attendant there. 
 
 Q. Mr. Gunn is there? A. Mr. Gunn is there, as a usual thing, 
 but I have been in when Mr. Wallis has been in there. 
 
 Q,. The Law Library is arranged by the reports of the different 
 States being placed together on different shelves, and the text-books 
 being placed in alphabetical order? A. Yes. 
 
 Q. Wiien j'ou ask for a report of a particular State, or for a text- 
 book, he could go to the place and get it for you? A. I apprehend 
 that was merely a mechanical knowledge really, but still he was 
 always read5^ The reference that I had was to his knowledge of 
 where he would find subjects treated when you wanted information 
 as to the character of the book. I would ask him, and he would tell 
 me that such and such a thing had been decided so and so, and he 
 would tell me where I could get the authorities. Of course, the 
 mechanical arrangement of the library I understood myself. 
 
 Q. Can you refer to any instance where Mr. Wallis, in reply to 
 any question, would furnish you with the authorities that \'0U asked 
 him for, not upon your suggestion as to what they were, but upon 
 his knowledge? A. No; I cannot do that, Judge Holl, because it 
 was not a matter that I ever fixed in my mind, but it left the impres- 
 sion on my mind that Mr. Wallis had noted the current decisions, 
 and had read considerable law. 
 
104 
 
 Q. That was the impression left on your mind? A. Yes. 
 Q. And that he knew where the different reports and text-books 
 in the Law Library were kept? A. Yes. 
 
 Testimony of J. J. Buckley. 
 
 Called and sworn on behalf of the defense. 
 
 Competency and Deportment of Librarian. 
 
 Mr. HiNKsoN — You know Mr. Wallis? Answer — Yes, I do. 
 
 Q. Have you frequented the library since he has been the Librarian? 
 A. Yes. 
 
 Q,. JSuflficient to have a knowledge of his efficiency as Librarian? 
 A. I think so. 
 
 Q. State what you know, if anything, about his efficiency and about 
 his treatment of visitors to the librarj^? 
 
 Mr. HoLL — State such facts as will show? A. Of course my 
 opinion would amount to nothing here, because Judge Holl's opinion 
 might be entirely different from mine. I have known Mr. Wallis 
 intimately for ten or eleven years, and most of that time has been 
 during his connection with the State Library. I have been here 
 ^ery often at all hours during the day while the library is open. I 
 always found that Mr. Wallis treated everybody, myself included, 
 in a gentlemanly manner, and with due courtesy. Any question he 
 was asked he would try and answer it if he could, and he would be 
 the first one to comply with ixuy request that was made. 
 
 Q,. What do you know about his efficiency as Librarian? A. 
 Well, that I cannot say, because I am not an expert as to the duties 
 of a Librarian, only I have this much to say, that they have said 
 throughout the State 
 
 Objection sustained. 
 
 Q. State what you know, from what you have seen there, in regard 
 to his efficiency as Librarian ? A. Well, take it as to the Law Li- 
 brary, from my knowledge of the law, I do know, and can state pos- 
 itively that Mr. Wallis is competent 
 
 Mr. HoLL objected, as incompetent, and the objection was sustained, 
 
 Mr. HiNKsoN — State what j'ou know in regard to his efficiency ; 
 what you have seen him do, and what his capacity is for finding 
 books, if you know? A. I know he has always, while I have been 
 there, and when any person has asked him for a book, readily gone 
 and got it, no matter what it was, whether in the law or miscella- 
 neous department. 
 
 Q. Have you been there when persons were calling for books? A. 
 Yes; I have been here dozens of times, both day and night. 
 
 Q. You remember about the time that MissKelsey was in the library 
 for two or three weeks ? A. I remember about the last night she 
 was there. 
 
 Q. You remember the circumstance of her parting with Mr. Wallis 
 on that evening ? A. Yes. 
 
105 
 
 Q. Please state what occurred, and wliat Miss Kelsey said to Mr. 
 Wallis at the time they separated that evening? A. I was in the 
 Law Library that evening — no, I was in the Librarian's private 
 office. 
 
 Q. I will ask you if you heard her on that evening when she 
 separated from Mr. Wallis, and when she was bidding him good-by, 
 give him her address, and invite him to call and see her attSan Fran- 
 cisco, nnd if she thanked him for his courtesies to her during the 
 time she was in the library, or words to that effect? 
 
 Mr. HoLL — State w'hat she said? A. Miss Patton was there at tlie 
 time. 
 
 Mr. HiNKSoN — State what you know about it? A. She came in 
 from her desk when she was going away, and I was in the Librarian's 
 room, and another lady was there; Mrs. De Force Gordon was going 
 in and out, and Mr. Wallis was there, and she bid Mr. Wallis 
 good-by, and said that she would be pleased to meet him in San 
 Francisco, but I do not recollect her saying anything about her 
 address. 
 
 Q. She would be pleased to meet him in San Francisco? A. Yes, 
 and she said that she had spent a pleasant time during the time she 
 had been here. 
 
 Q. What was there about thanking him for his courtesies? A, 
 That I cannot say about that matter. 
 
 Q. You say^he said to him that she had spent a pleasant time in 
 the library? A. She had had a pleasant time in the library. She 
 was smiling at the time pleasantly. 
 
 Q. You are the City Assessor of this city? A. Yes, and searcher 
 of records. 
 
 Cross-examination. 
 
 Mr. HoLL — Mr. Buckley, in the Law Library you have heard Mr. 
 Wallis called upon for books contained in that room, have you ? A. 
 Yes, I have. 
 
 Q. He seemed to be familiar with the manner in which the books 
 were arranged — he is capable of going and obtaining the books when 
 they are called for ? A. Yes. 
 
 Q. You have seen that a good many times ? A. Yes. 
 
 Q. Now, state the extent of your acquaintance with his being called 
 upon in the general library. What circumstance can you give us in 
 regard to that? State some circumstance where you remember his 
 being called upon for any book in the miscellaneous library, and 
 give us the subject upon which the book treated? A. Well, at dif- 
 ferent times I have been called upon to make speeches here before dif- 
 ferent organizations and I have had occasions to look up different 
 subjects; one in particular was the French Revolution. At those 
 times I have gone to Mr. Wallis and he has readily found the books. 
 
 Q. He could find works on the French Revolution? A. Yes; he 
 referred me to Guizot and other authors. And at another time I 
 required works on botany 
 
 Q. Tell us what works on botany you required and what his ability 
 14 
 
106 
 
 was to examine the subject of botany? A. I cannot tell j^ou the 
 names of the books now ; it is some time ago. 
 
 Q. How many times did that occur? A. Once. 
 
 Q. He was able to find some book on botany? - A. Yes; he should 
 have been able to do that if he knew the library at all. And in 
 regard to painting: I brought a gentleman up there — Mr. Nichols — 
 and he asked Mr. Wallis for a work on painting and art, and Mr. 
 Wallis gave it to him. 
 
 Q. He could furnish a work from the library that treated on that 
 subject? A. Yes, and any subject that you might ask him about. 
 
 Q. Have you any more specific instances? A. If I was an expert 
 I might recall them, but I am not here as an expert. 
 
 Q. Tell us anymore specific instances? A. Nothing more than 
 works of fiction. I have asked for novels and the like, and I have 
 got them. 
 
 Testimony of Frank F. Freeman — Resumed. 
 Cross-examination — Conspiracy against Librarian. 
 
 Mr. HoLL — When was the conversation, Mr. Freeman, with Miss 
 Patton,in which you gave her to understand that it was your opinion 
 that no power on heaven or earth could move Mr.^ Freeman, the 
 Trustee, to induce him to vote against Mr. Wallis — when was that? 
 A. To the best of my recollection it was some time in the latter part 
 of July, 1882. 
 
 Q. Did you give to Miss Patton your honest conviction on that 
 subject at that time? 
 
 Mr. Johnson objected, as irrelevant. 
 
 Mr. HoLL — Did you state to her the truth? 
 
 Same objection — overruled. 
 
 A. To the best of my knowledge — yes. 
 
 Q. To the best of your belief? A. Yes. 
 
 Q. You stated the truth at that time? A. Yes. 
 
 Q. What induced you to think so? 
 
 Same objection — sustained. 
 
 Mr. Johnson moved to strike out the testimony of the witness in 
 relation to A. C. Freeman, and the motion was granted. 
 
 Mr. HoLL — At the time when you heard Miss Patton and Mr. Owen 
 speak in reference to the charges against Mr. Wallis, and the effect 
 that those charges had upon him, where were you? A. In the State 
 Library. 
 
 Q. What part of it? A. Between the main entrance and the 
 entrance to the Law Library. 
 
 Q. Where were they ? A. Miss Patton was sitting at the desk, and 
 Mr. Owen was standing by the side of the desk. 
 
 Q. At the desk in the general library where Miss Patton's place 
 was? A. Yes. 
 
 Q. Were you listening to what they were saying ? A. I heard that 
 
107 
 
 much of it. I did not go tliere for the purpose of listening to the 
 conversation at all. 
 
 Q. Were you listening, or was your attention called to it, or how 
 did you happen to hear it? A. I went out tliere to procure a book, 
 and while there I heard this conversation. 
 
 Q. You were between the main entrance and the Law Library. 
 How near to the door of the Law Library? A. I could not state 
 exactly the distance ; somewhere in that semicircle. 
 
 Q. Were they talking there in a continuous conversation, or did 
 they only repeat those few words? A. I do not know how much 
 longer they may have talked. When I procured the book I went 
 back. 
 
 Q. While you were there was it a continuous conversation or was 
 it only those broken fragments that you have detailed ? A. It was 
 only i'ragments of the conversation. 
 
 Q. It was not a continuous conversation ; there was just a few frag- 
 ments that they spoke there, onlj' a few sentences? A. That was all 
 that I heard — a few sentences. 
 
 Q. Did they say anything else there ? Did they seem to be talking 
 about something else that you did not hear or do not remember? A. 
 Not that I heard. 
 
 Q. There was no conversation ; there was simply what you heard? 
 A. I did not hear the entire conversation. 
 
 Q. Was there an entire conversation? A. I have not the least 
 idea. They may have talked there for half an hour and I did not 
 hear it. 
 
 Q. During the time you were there when you say you were in a 
 position where you could hear this fragment of what they were say- 
 ing, were they saying other things that you do not remember or did 
 not hear? Were they talking to each other? A. I think not, for 
 the reason that I was not there, I suppose, half a moment. 
 
 Q. What time of the day was that ? A. I would not be sure to the 
 moment, but I would say about half-past twelve o'clock on the twenty- 
 sixth day of July. 
 
 Q. To whom did you first state that you had heard this conversa- 
 tion between Miss Patton and Mr. Owen? To whom did you first 
 disclose it? A. I first disclosed it, I believe, to Mr. Wallis. 
 
 Q. Mr. Wallis is your superior in the library? A. He is. 
 
 Q. You hold your appointment from Mr. Wallis? A. I do. 
 
 Q. If Mr. Wallis should be removed, would you expect that to effect 
 your removal also? 
 
 Mr. Johnson objected, as irrelevant, immaterial, and incompetent, 
 and the objection was sustained. 
 
 Opening and Detention of Letters. 
 
 Mr. HoLL — When this letter was spoken of to you by Miss Patton, 
 I understood you to say that after you had repeated certain language 
 to her, you then said that you had nothing more to say; that you 
 would not criminate anybody. A. I said that I had nothing more to 
 
108 
 
 say about the letter; I would not make any expression that might 
 tend to criminate any one. 
 
 Q. What did you mean by that? A. I, in the first place, used the 
 expression that it made no particular difference, I thought, whether 
 the letter had been opened or not, in a joking manner — I said this in 
 a joking manner. 
 
 Q. Said what in a joking manner? A. That I did not think the 
 opening of one of her letters would make any material difference. 
 She then asked me if I knew anything about when that letter came 
 into the library, and I told her that I had nothing more to say about 
 it; that I did not intend to say anything that might tend to crimi- 
 nate anybody. I said it all in a laughing manner. 
 
 Q. What did you mean by saying that you did not intend to say 
 anything that might tend to criminate anybody? A. I said it all as 
 a joke. 
 
 Q. What time was it now when you made this expression. I un- 
 derstood you to say, that Miss Patton came into the Law Library and 
 made some inquiry about it, and that subsequently to that, this 
 matter was brought up again in your hearing? A. Yes. 
 
 Q. How long after the first conversation, was the second conversa- 
 tion, in which you joked about it? A. Well, it would be as long 
 about, as between nine o'clock and ten minutes to four. 
 
 Q. In the meantime you testified that you heard Miss Patton and 
 Mr. Wallis, I think — that there was an altercation — when was that? 
 A. That was at ten minutes to four that the altercation took place, 
 what I heard of it, 
 
 Q. How long after the altercation before you used this talk and 
 language about not criminating anybody ? A. This was about nine 
 hours before that time. 
 
 Q. I understood you to say that the time when you spoke and said 
 that you did not want to criminate anybody, that that occurred in 
 the afternoon? A. No; it was about nine o'clock in the morning. 
 
 Q. In the first place j^ou said that she came in in the morning and 
 asked about the letter, and I then asked you whether you had any 
 further conversation at any other time with her, and you said you 
 did about nine hours afterwards? A. I did have a further conver- 
 sation with her. 
 
 Q. When was this conversation in which you said that you did 
 not wish to criminate anybody? A. About nine o'clock in the 
 morning, preceding the conversation in the afternoon. 
 
 Q. Who was present when that conversation was had by you? A. 
 Which conversation. 
 
 Q. This conversation in which you said you did not wish to crim- 
 inate anybody? A. C. E. Gunn. 
 
 Q. Anybody else? A. No one else, with the exception of Miss 
 Patton herself. 
 
 Q. In what way did you regard that — as a joke; just explain how 
 you considered that a joke, in saying at that time that you would 
 not criminate anj'body in connection with that letter? A. In my 
 experience, it has not been an unusual thing for one person to say 
 something that might be construed into an accusation of another 
 
109 
 
 person having opened a letter. Miss Patton came in that morning, 
 and I did not know that anything serious was going to come out of 
 the letter. I knew nothing at all about the letter. I was in the 
 habit of talking pleasantly with Miss Patton, and what I said was all 
 done in that way. 
 
 Q. She had already told you that this letter had been tampered 
 witli? A. She said she had her suspicions about it. 
 
 Q. You had told her that you did not think it made any difference 
 if it had been? A. That was about the renjark I used. 
 
 Q. That was in the same line of jocular remark with the other, 
 was it? A. Yes. 
 
 Q. When she addressed you to know something more about it, you, 
 in a joking way, said you were not disposed to say anything more 
 about it; you would not accuse anybody of anything — of any crimi- 
 nal matter? A. Yes. 
 
 Q. Did you know, at that time, that anybody had had anything to 
 do with that letter? A. I did not. 
 
 Q. Did you know how long that letter had been in the office? A. 
 No; the first I saw of the letter was about twenty minutes to nine 
 o'clock in the morning. The letter was then laying on her desk. 
 
 Q. That is the letter she speaks of as having come through the 
 express office, and that she said was received the day after it was 
 delivered at the library ? A. That is the letter, I think. That is the 
 only letter that I know anything about. 
 
 Q. Now, as to that letter : Did you ever say anything to Mr. Wallis, 
 or Mr. Wallis to you, about that letter ? A. I believe the day that she 
 received the letter Mr. Wallis and I had some conversation about the 
 letter. 
 
 Q. What conversation? A. Well, I asked him if he knew any- 
 thing about the letter, or about its having been opened, and he said 
 he did not; that he did not believe the letter had ever been opened. 
 
 Q. Did he tell you when the letter was received, or whether it had 
 ever been in the office? A. He did. 
 
 Q. What was that conversation, or what did he say to you in refer- 
 ence to any knowledge of that letter? 
 
 Mr. Edgerton — I understood you to say that the express letter is 
 the only letter that you know anything about? A. That is the only 
 letter that I knew anything about. He said that upon coming to the 
 library, on the morning on which she received the letter, on looking 
 over his papers he found the letter on his table, and that he gave the 
 letter to Mr. Brown and asked him to put it upon her table, and that 
 was the first thing that he knew about the letter and the only thing 
 that he knew about the letter. 
 
 Mr. HoLL — That Mr. Wallis said that he found this letter on his 
 table and gave it to Mr. Brown, the Porter, to lay it on Miss Patton's 
 table? A. Yes. 
 
 Q. Did he say at what time he found that letter on the table 
 among his papers? A. On the morning on which the letter was 
 delivered. 
 
 Q. When Miss Patton talked to him about it did he say to her 
 
110 
 
 that he found the letter on his table? A. I heard none of the con- 
 versation between Mr. Wallis and Miss Patton regarding the letter. 
 
 Q. I thought you said they were having an altercation? A. They 
 were having something of the kind on my entrance into the office; 
 I saw signs that a row was in progress. 
 
 Q. Did you hear anything of that row? A. I did not. 
 
 Q. How did you know it was a row? A. I knew from the actions 
 of the parties. 
 
 Q. From their actions, and not from anything they said? A. 
 Well, I supposed a conversation was going on in there at the time. 
 
 Q. Did you know from that conversation that a row was going on? 
 A. I suppose that I gained my information 
 
 Q. Did you know that a row was going on in there from their con- 
 versation? A. I think I do. 
 
 Q. Do you only think so or do you know it? A. In my own mind 
 I know it. 
 
 Q. Why did not you say so then? A. I know it. 
 
 Q. What did you hear? A. I do not remember what passage 
 occurred between them. 
 
 Q. Can you remember any of the language at all? A. No, I can- 
 not. 
 
 Q. How do you know there was a row going on if you cannot 
 remember any of the language? A. I can only say that both parties 
 appeared very much excited. 
 
 Q. You did not hear any of the language? A. Probably I heard 
 it; if I did I do not remember it. 
 
 Q. You cannot now remember so as to repeat any of the language? 
 A. No, I cannot. 
 
 Q. You did not hear Mr. Wallis say, in that row, anything about 
 having found that letter among his papers, and that he had sent it 
 out at the proper time, and in the proper way, to her desk ? A. No, 
 I did not. 
 
 Q. Did you hear any conversation in Mr. Wallis' private office, at 
 the time Mr. Brown was present, when Mr. Wallis locked the door of 
 that office? A. I did not. 
 
 Q. Were you in there at that time ? Do you remember the circum- 
 stance of being called in there? A. No. 
 
 Q,. Of Mr. Brown being called in there? A. I do not know of Mr. 
 Brown and Mr. Wallis being locked in the private office. 
 
 Q. Do you remember hearing Mr. Wallis ask Mr. Brown whether 
 he knew anything about the letter ? A. No, I never did. 
 
 Q. Did you ever ask Mr. Brown whether he knew anything about 
 it? A. No, I did not. 
 
 Q. You say it was at four o'clock in the afternoon when the con- 
 versation took place in which Miss Patton accused you, or said to you 
 that she would just as soon say that you opened the letter? A. Yes. 
 
 Q. Where was that conversation? A. It was in the private office. 
 
 Q. Who was present? A. Mr. Wallis was present for about two 
 moments, and Miss Patton, and myself. 
 
 Q. Any one else? A. No. 
 
 Q. Did Mr. Wallis stay there during the conversation thatj^ou had 
 
Ill 
 
 with Miss Patton ? A. I do not think he did. He may liave possibly- 
 been there. If he was, I did not pay any attention to him. 
 
 Q,. Tiiis was at four o'clock, I understand you ? A. Just about four 
 o'clock. 
 
 Q. On the afternoon of the day when she found this letter on her 
 table in the morning? A. Yes. 
 
 Q. You said you spoke in a joking way about accusing people of 
 crime. Did you take that as a joke when she said that she would as 
 soon believe that you opened the letter? A. Not when she spoke in 
 an excited manner. 
 
 Q. Did not you regard that as a joke? A. No. 
 
 Q. What did you reply in that conversation when she said that? 
 A. I told her, very well ; if she had that opinion of me, if she 
 thought that I was capable of committing such an act as that, I did 
 not desire to have anything further to do with her ; that I should be 
 very careful hereafter not to have anything to do with her mail mat- 
 ter which might come to the library directed to her. 
 
 Q. Did she say she did consider that you were capable of doing 
 such things? A. She did not intimate at that particular moment 
 but what she thought that I was capable of it. I met her a few 
 moments afterwards, when she said she did not think I was capable 
 of it, and she said she was sorry for what she had said and wished 
 that I would reconsider what I had said. 
 
 Mr. Johnson — Do you remember the language that Mr. Wallis 
 used to you at that time? Did he say he found the letter there, or 
 that he noticed it there, or what was it, or do you remember the lan- 
 guage? A. He said that by looking over the papers that were on 
 his table that morning, he saw a letter, or found one — some expres- 
 sion of that meaning. 
 
 Q. You are not positive as to the particular words that he used, 
 but simply the expression? A. No. 
 
 Mr. HoLL — Did I understand you correctly when I understood you 
 to say that the first conversation that you had about that letter with 
 Miss Patton, or she with you, was in the Law Library, at nine o'clock 
 in the morning? A. Yes; at about nine o'clock. 
 
 Q,. And that the other conversation that you had in which she 
 said that she would as soon believe you opened it as any one else, 
 that was in the private office of Mr. Wallis about five o'clock in the 
 afternoon? A. Yes. 
 
 Q. And at that time no one was present except Mr. Wallis, your- 
 self, and Miss Patton? A. I am almost wholly sure no one else was 
 present. 
 
 Q. Those are the only two conversations you had with her about 
 it? Q. Yes; with the exception of the following conversation that 
 may have taken place that evening. 
 
 Q. Did you ever have any other conversation in the private office 
 with her except the one you have detailed, at any other time than four 
 o'clock? A. I suppose ten minutes after four o'clock, as I had been 
 in the office, and had this conversation in which I said that I did not 
 wish to have anything more to do with Miss Patton. I was walking 
 out of the private office. In walking back to the private office I 
 
112 
 
 met Miss Patton near the stairway, in the semicircle, near the door 
 of the private office, and she said that she thought she had spoken 
 hastily to me, and as she had spoken in such a manner she asked 
 me to reconsider. 
 
 Testimony of W. F. Brown. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Ball — What is your business? Answer — My business is gen- 
 eral Porter, anywhere I can get it. 
 
 Q. Were you Porter in this building last July? A. I was, for the 
 Superintendent of Public Instruction. 
 
 Opening and Detention of Letters. 
 
 Q. Did you hear anything of Miss Patton complaining that a letter 
 coming through Wells, Fargo & Co. had not been promptly delivered 
 to her? A. Yes; I remember the circumstance. 
 
 Q. Do you know anything of that letter being delivered at her 
 desk ; if so, state what it was and how it was? A. There was a 
 letter — several letters — that I left on Mr. Wallis' desk, of hers, sev- 
 eral times, when she was not there, in bringing the mail whenever I 
 went down to the Post Office; and sometimes I would pick up letters 
 and leave them on her desk, and I believe I done the same at that 
 time. 
 
 Q. This particular letter — do you remember anything about it? 
 A. Yes ; I found a letter there on the desk. 
 
 Q. On whose desk? A. On Mr. Wallis' desk, along with others, 
 and I brought them and laid them on her desk. 
 
 Q. Was your attention called to that letter by anything that Mr. 
 Wallis said to you about it? A. No; anything never was said about 
 letters to me at all until that time that Miss Patton made a muss 
 over it, saying something about letters, and I believe I told Mr. 
 Wallis that I left the letter on her desk. 
 
 Q. Mr. Wallis then made inquiry of you about it, and you told 
 him yqu left it on her desk? A. Yes. 
 
 Cross-exanii7iation. 
 
 Mr. HoLL — What kind of a letter was that; was it one that came 
 through the mail or through the express? A. Well, I remember 
 several letters coming by express and also by mail. I could not say 
 exactly whether at that time — there were several letters that I took 
 off. 
 
 Q. What letters are you talking about? Are you talking about 
 the letter that came from the express office, or the one that came 
 through the mail? A. I do not know exactly what kind of a letter 
 it was. As I said before, I took several letters from Mr. Wallis' desk, 
 and often took the mail to her desk, if she was there, and let her 
 pick out her mail. 
 
113 
 
 Q. What particular letter are you talking about? A. I do not 
 know that I am talking about any particular letter. 
 
 Q. Do I understand you that you are not talking about any par- 
 ticular letter? Then the letter that the counsel inquired about you do 
 not know whether that was in an express envelope, or whether it 
 came through the mail? A. Well, I could not swear. 
 
 Q. You delivered several letters, but which one they are talking 
 about you do not know? A. I do not know; I took several letters 
 from Mr. Wallis' desk and put them there. 
 
 Q. Did you ever take a letter sent by express to Mr. Wallis' office 
 when he gave it to you, and told you to lay it on Miss Patton's table? 
 A. No. 
 
 Q. Never did that in the world? A. No. 
 
 Q. All the letters you delivered that way you found the letters on 
 Mr. Wallis' desk, and without being asked by anybody, seeing that 
 they were for Miss Patton, you took them out there? A. Yes. 
 
 Q. Can you read? A. Well, I can read that much. 
 
 Q. How much? A. Well, I could not tell you; I can read names 
 in good, big print. 
 
 Q. Does it require them to be in big print? A. And good, big 
 writing. 
 
 Q. What kind of writing was on the letters you delivered to Miss 
 Patton? A. It was in writing; I do not know exactly what kind of 
 writing. There were different kinds of hands. 
 
 Q. Can you read that name? [Exhibiting a paper to the witness.] 
 A. I refuse to read it. 
 
 Mr. Johnson — Is that in your handwriting, Judge HoU ? 
 
 Mr. HoLL — Yes; but I can write pljiiner than that. 
 
 Mr. HiNKSON — You do not read Chinese, do you? 
 
 Mr. HoLL — Mr. Brown, try your hand at that. [Exhibiting a 
 paper to the witness.] Can you read it? A. Yes. 
 
 Q. Take it and read it — read it out to. the Board. Read that name 
 to the Board ? 
 
 Mr. Edgerton — Read it, if you can; if you cannot, say so? A. 
 Miss M. J. Patton. 
 
 Mr. HoLL — Read it to the Board ? A. This is Miss Patton's name. 
 
 Q. Read it out to the Board ? A. It is Miss Maggie Jennie Patton; 
 I think so. 
 
 Q. Do you pretend tC say that you can pick a letter addressed to 
 Miss Patton out of a number of letters lying around there ? A. Yes. 
 
 Testimony of G. B. Cosby. 
 
 Called for the defense and sworn. 
 
 Mr. HiNKSON — State your name and official position ? Answer- 
 G. B. Cosby, and at present Adjutant-General of the State. 
 
 15 
 
114 
 
 Competency and Deportment of TAbr avian. 
 
 Q. You know Mr. Wallis, the present Librarian? A. I do. 
 
 Q. State whether or not your visits to the library have been fre- 
 quent for the last number of years, and if so, for what period of 
 time, and how often? A. During the last five or six years I have 
 had occasion to visit the library very frequently in search of mis- 
 cellaneous works on various subjects. 
 
 Q. During your visits to the library what has been the treatment 
 of Mr. Wallis to yourself and other people in the library, as you 
 have observed it? A. I have always met with the utmost courtesy 
 and accommodation in searching for the works that I sought, not 
 only on the part of Mr. Wallis, but of all of the employes in the 
 library. 
 
 Q. What was his treatment of other visitors in your presence? A. 
 It was uniformly, as far as I know, that of a gentleman. 
 
 Q. From your observation what efficiency did he display in the 
 discharge of his duties? A. I will go further, and say that on vari- 
 ous occasions he and others in the library have gone to a great deal 
 of trouble, more than their official position demanded, to find works 
 for me. 
 
 Q. State what facts you know as to his efficiency in the discharge 
 of his duties? A. Well, sir, I have always considered him very com- 
 petent so far as 
 
 Mr. HoLL — State the facts? A. Well, my memory runs over sev- 
 eral years — the general impression left with me 
 
 Mr. HiNKSON — State the facts? A. Well, I remember on one or 
 two occasions coming to the library to find works in relation to engi- 
 neering subjects. He has searched for me for the works I inquired 
 for, but the works I inquired for were not there, but germane works 
 were sought for by him for me and obtained, after a great deal of 
 labor on his part. 
 
 Q. In your visits and your' frequent applications for books, what 
 alacrity did he display in searching for books for you; in your 
 many visits what tact did he display in finding or determining 
 whether the books were in the library or not — those you sought? A. 
 Well, sir, I have gone there and asked for certain works, and he has 
 gone immediately to the shelves and got them for me. 
 
 Q. Did that occur frequently — your calling for books? A. Very 
 often. 
 
 Mr. HoLL — In an engineering matter, you say that with a great 
 deal of labor he finall}' succeeded in getting some works germane to 
 the subject of engineering? A. I remember, on several occasions — 
 the exact works I do not remember — that he sought diligently for 
 them and found them for me. 
 
 Mr. HiNKSON — Did he, as a usual thing, succeed in finding the 
 works that you called for? A. Whenever I could name the author 
 of the work, and it was in the library, he usually found it at once. 
 
 Mr. HoLL — He had some idea where a book was to be found when 
 you gave the title of it? A. Yes; they being classified in the library, 
 and knowing where they were. 
 
115 
 
 Testimony of Charles Gildea. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — State your name and official jjosition? Answer — 
 Charles Gildea; member of the State Board of Equalization. 
 
 Comjjetency and Deportment of Librarian. 
 
 Q. I will ask you whether or not, in the last number of years, you 
 have visited the State Library frequently? A. I have. 
 
 Q. In what capacity have you been acting when visiting it at dif- 
 ferent times— what official positions? A. I have been a member of 
 the Legislature, and had occasion to visit the library for the purpose 
 of getting books. 
 
 Q. How many years, since Mr. Wallis has been connected with the 
 library, have you been accustomed to visit it frequently ? A. Since 
 Mr. Wallis has been elected, I was here last Winter and the Winter 
 before that, during the sessions of the Legislature. 
 
 Q. Years before that, when he was in the library as a subordinate, 
 you were here frequently? A. While he was a deputy, yes. 
 
 Q. What has been Mr. Wallis' deportment towards you and his 
 treatment of you when you visited the library since he has been 
 Librarian and while he was deputy ? A. Very courteous, sir. 
 
 Q. What has been his treatment of other visitors in your presence? 
 A. I think it has been very good and very courteous. I could not 
 see anything that I could in any manner complain of either to myself 
 or in my presence to anybody else. 
 
 Q. Have you had occasion to go there frequently to call for books? 
 A. Yes. 
 
 Q. State what facts you know in regard to when you have been 
 there calling for books, from your knowledge of the books, as to his 
 competency for the position ? A. Well, when I went there and called 
 for books when he was Deputy Librarian, and also since he has been 
 Librarian, he would sometimes go and get them, and sometirnes 
 some other person would go and get them ; but whether it was him- 
 self or some other pe'rson, I always got them immediately, which 
 would indicate, of course, that he understood where his books were, 
 and all that sort of thing. 
 
 Cross-examination. 
 
 Mr. HoLL — Were they law books or miscellaneous books? A. 
 Well, both ; more law books than miscellaneous books. 
 
 Q. Do you remember of ever going into the miscellaneous library 
 and asking for any particular kind of book on any particular sub- 
 ject? A. No, I could not. I have gone there frequently, but I could 
 not call to mind any particular occasion. 
 
 Q. What class of books would you be most likely to inquire for — 
 what is your bent? A. What is my bent of reading on miscella- 
 neous subjects ? 
 
 Q. Yes. A. It ranges considerably; it is entirely.owing to my bent 
 
116 
 
 of mind ; Grecian history and history of other kinds. My reading is 
 sometimes history and sometimes light literature. 
 
 Q. Would you name the book and the author to whoever was in 
 charge when you asked for a book ? A. Yes. 
 
 Q. That is the way that you have asked for the books and that is 
 the way that they were furnished you? A. Yes. If I desired to 
 read any particular book I would naturally ask the Librarian if he 
 had the book. 
 
 Q. If you wanted to read Grote's History of Greece, you would ask 
 for that book ? A. Yes. 
 
 Q. Then the Librarian would go and bring you the book? A. 
 Yes. 
 
 Q. That has been your experience in regard to this matter? A. 
 Certainly. 
 
 Testimony of C. E. Grunsky. 
 
 Called and sworn on behalf of the defense. 
 Mr. Johnson — Your name is C. E. Grunsky? Answer — Yes. 
 Q. You reside in Sacramento and have for some years? A. Yes. 
 Q. You are now and have been for a number of years connected 
 with the State Engineer's office of this State? A. Yes. 
 
 Cortipetency and Deportment of Librarian. 
 
 Q. In the course of the years that you have been engaged in that 
 office have you had business in the State Library occasionally? A. 
 Yes, I have frequently. 
 
 Q. Quite frequently ? A. Yes. 
 
 Q. During that time have you had business relations with the 
 Librarian, T. H. Wallis? A. Yes, frequently. 
 
 Q. State to the Board now, as to his manner, his demeanor, and his 
 deportment towards you and other people, as it came under your 
 observation, whether affable, or not; gentlemanly, or not? A. He 
 was always courteous to me, so far as I kno\^. I have always been 
 treated with every consideration that I could expect from a person 
 in charge of a library, by himself, as well as by all his assistants at 
 all times. 
 
 Q. State as to his ai-)parent knowledge of the books and subjects, if 
 it came under your observation when you were examining and hunt- 
 ing for books there, and whether he was able to assist you or not? 
 A. I have always found him so; I have had occasion to inquire for 
 books quite frequently ; books of a scientific character more than anj'' 
 others, and I have always found my wishes immediately attended to, 
 and had no reason to think that any one could have done better, so 
 far as a knowledge of books in the library is concerned. 
 
 Cross-examination. 
 
 Mr. HoLL — You mean so far as where to find books when the 
 
117 
 
 author and the name of the book is given ; is that what you mean? 
 A. Yes. 
 
 Q. Did you ever try him by asking him whether he had certain 
 authors, naming certain subjects that you were trying to investigate? 
 A. I do not remember to have had any occasion to make such an 
 inquiry, because I generally have been posted as to what I wanted to 
 get, and I would go into the library and inquire for it. 
 
 Q. Then the skill he displayed was in being able to get the books 
 from the difterent places in the library after you gave him the title; 
 he knew, of course, their classification? A. Yes, he possessed' that 
 skill. 
 
 Testimony of VVm. Hammond Hall. 
 
 • 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is Wm. Hammond Hall ? Answer — Yes. 
 Q. You are now, and have been for a number of years, State 
 Engineer of California? A. I have. 
 Q. Your office is in this Capitol? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. During the number of years that you have been State Engineer 
 has your business called you in the State Library at all? A. It has. 
 
 Q. Very frequently ? A. Quite frequently. 
 
 Q. Are you acquainted with Mr. T. H. Wallis, the State Librarian? 
 A. Yes. 
 
 Q. Have you had business relations with him in the State Library? 
 A. Yes. 
 
 Q. State as to his manner and demeanor, whether courteous or 
 not, gentlemanly' or not, affable or not, towards you and towards 
 other people, when it came under your observation? A. Always 
 courteous towards me; I never noticed anything to the contrary 
 towards other people. 
 
 Q. State as to the knowledge he displayed as to the books in the 
 library and their classification, and whether or not he was able to 
 render you any assistance in securing the books that you wished to 
 examine? A. Well, he always was able to find any book that I 
 asked for. He appeared to be familiar with the contents of the 
 library. 
 
 Q. What were the books 3'ou usually inquired for? A. Generally 
 speaking, engineering books and law books. 
 
 Cross-examination. 
 
 Mr. HoLL — When you would inquire for an engineering work you 
 would know what author you wanted to consult, and the subject, 
 and you would ask him for a certain book, giving the name and the 
 title of the book? A. Not always. 
 
 Q. How would that be? A. Generally speaking, I would know 
 
118 
 
 what book I wanted, and would give the name and the title, and at 
 other times I would know the subject I wanted to inquire into, and 
 I would ask him in what department I could find such books. 
 
 Q. And then he would take you to a certain alcove, and would 
 tell you that in that alcove were books on that subject? A. Yes; 
 and sometimes he would go and find the book or books and give 
 them to me. 
 
 Q. Sometimes he would go himself to the alcove and bring them 
 to you? A. Yes. 
 
 Q. Did you ever ask him what authors he had upon any branches 
 of engineering, such works as you did not know yourself, to ascer- 
 tain whether any new books had been published? A. Never, in as 
 broad and as general a way as that, because it is ray especial business 
 to keep posted in that line of books. 
 
 Q. And you obtain a knowledge in advance as to what publica- 
 tions there are? A. Yes; generally speaking. 
 
 Q. His skill was displayed in finding what you wanted, if you 
 knew what you wanted? A. That was generall}' the case. How- 
 ever, though, as I said before, it happened otherwise sometimes. 
 
 Q. What do you mean by "otherwise;" what did happen at other 
 times? A. That I wanted books on some subject, some particular 
 branch of a subject, and would ask in a general way for works touch- 
 ing on that branch of the subject! 
 
 Q. Naming the subject and the classification of the subject, and 
 then he would go and get you tiie books that belonged to that class 
 of works? A. He would either get me the books or tell me where to 
 find them, that is if they happened to be in the library. 
 
 Testimony of Wilbur F. George. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is W. F. George ? Answer — Yes. 
 
 Q. You reside in this city? A. Yes. 
 
 Q. You are an attorney ? A. Yes. 
 
 Q. You have practiced law here for a number of years? A. Yes. 
 
 Q,. You are the author of a book on criminal law? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. In the course of your business have j^ou called into the State 
 Library? A. A number of limes. 
 
 Q. Quite frequently ? A. Continuously for the last eight years. 
 
 Q. Do you know T. H. Wallis? A. Very well. 
 
 Q. When you were engaged in preparing your book was your time 
 considerably taken up in the library? A. Yes; all of my time. 
 
 Q. Forabout how long? A. For nearly ayear — about nine months. 
 
 Q. During that time was Mr. Wallis connected with the library? 
 A. Yes. 
 
 Q. State to the Board as to the demeanor of Mr. Wallis during 
 
119 
 
 that time to yourself and to other persons under your observation, 
 whether it was courteous and pleasant or not, and gentlemanly or 
 not? A. Mr. Wallis always treated Mr. White and myself during 
 the time we were engaged on that w'ork, and always treated myself 
 on any occasion when I visited this library, in the most courteous 
 manner. It could not have been possible for any one to have been 
 more pleasant or more polite. He always obtained the books I desired. 
 Q,. State as to the knowledge he displayed in reference to the con- 
 tents of the librarN' wdien you W'ould have occasion to ask him in 
 reference to it? A. My visits to the library have been confined 
 chiefly to the law department. I think Mr. Wallis has as intimate 
 a knowledge of the law department as anybody I ever saw. I am 
 very well acquainted with the law department of the library myself, 
 having visited it for the last eight years several times a week. My 
 knowledge of that department is ver}' extensive, but t think that 
 Mr. Wallis has a much better knowledge than I have. 
 
 Cross-exaininatio7i. 
 
 Mr. HoLL — With reference to the finding of the volumes tiiat you 
 wished to consult in preparing your work or in writing your briefs, 
 the reports and the text-books are arranged on the shelves by States, 
 or they are classified in alphabetical order. He is familiar with where 
 these books are, where he can find them, and he does it readily? A. 
 Not only that, but in addition to that, I found that Mr. Wallis keeps 
 a very accurate account and knowledge of the new books that are 
 issued. Very often, in my investigations of law' subjects, I have 
 desired to get a particular work that I knew had been issued but 
 was unable to remember the name of it, and I have asked him for 
 it, and he remembered the name and the particular law topic on 
 which it treated. He would almost invariably remember that such 
 a work had been issued, and if not, he would refer to his catalogue 
 that he kept in his office to find whether such a work had been 
 issued or not. 
 
 Q. If he had received it in the library he would remember that 
 he had received the work? A. Yes. 
 
 Testimony of William S. Church. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — You are at present a resident of Sacramento City? 
 Answer — At present; yes. 
 
 Q. And have been for some length of time? A. Yes. 
 
 Q. For how long? A. Since about the middle of May last. 
 
 Q. Of this year? A. Yes; of this year. 
 
 Q. During that time where have you been occupied and what has 
 been your business? A. I have been writing a work on habeas 
 corpus, and have been occupied in the State Library. 
 
 Q. Daily? A. Yes. 
 
120 
 
 Competency and Deportment of Librarian. 
 
 Q. Of course, during that time you have seen Mr. Wallis and have 
 had business relations with him? A. I have, to some extent. 
 
 Q. Now, state as to Mr. Wallis' demeanor, and his deportment as 
 to yourself and to other people, within your knowledge — whether 
 courteous or not, polite or not, gentlemanly or not? A. Mr. Wallis 
 has always treated me with the utmost consideration, very gentle- 
 manly and very courteous, and has from time to time assisted me in 
 looking up books that I wished to consult. 
 
 Q. State as to your knowledge, if you had occasion to notice it, in 
 reference to his knowledge of the books in the library and their clas- 
 sification as to subjects? A. The only instance in which I have 
 noticed it particularly, that I recollect at present, was some two 
 months ago probably, when I was looking for some old English 
 report. I looked over the Law Library until I got tired — it must have 
 been half an hour — and finally Mr. Wallis stepped in, and I called 
 upon him to hunt up a number of reports that I wanted; there must 
 have been twenty-five or thirty volumes. He went up stairs and 
 assisted in collecting them, and towards the last I called upon him 
 for this report. Among the English reports there is a division called 
 the "black letter" books. I had searched almost everywhere else, 
 and had failed to find it, and when I called his attention to it he 
 said: "Church, that is a black letter book," and he went and found 
 it almost immediately. He assisted me in a few minutes, and col- 
 lected all the books that I wanted, and I took them down stairs and 
 proceeded to my labors. He and Mr. Gunn both have been kind to 
 me, and have helped me in various ways, until I can now assist 
 myself. 
 
 Cross-examination. 
 
 Mr. HoLL — Has Mr. Wallis, in the law library, been uniformly 
 courteous when he has spoken of people who were not present. 
 Does he always talk of them in courteous terms, or have you heard 
 him use language very unseemlj" and undignified ? A. I have heard 
 Mr. Wallis express himself very forcibly at times, but not in a 
 mingled company. Whenever he has seen fit to express his views 
 with feeling, I have noticed it has generally been in the presence of 
 three or four of us who are perfectly familiar. 
 
 Q. And then he would speak in such a way as would attract your 
 attention on account of its forcible manner. Is that so? A. In what 
 way? 
 
 Q. In any way? Did you ever hear him use profane language at 
 such times? A. I might as well say here that I have been somewhat 
 in the confidence of Mr. Wallis, and I have heard him say things, in 
 conversation, which I have no right to repeat here, and I refuse to 
 do so. I am talking of his general demeanor, and of his general 
 language towards persons who were casually in the library, or who 
 had business there. 
 
 Q. You do not mean to be understood that on those special 
 occasions, when he would use language that you do not now want to 
 
121 
 
 repeat A. I do not object to repeating the language, only it 
 
 might — what he said to me I mean, has been in a confidential way, 
 and I should not repeat it. In these conversations, which might 
 occur either in the library or out, things have been said which 1 do 
 not wish to state. 
 
 Q. I am not talking about confidential conversations. You were 
 talking about the general style of his demeanor and deportment. 
 Was it said to you in the way of a private conversation, or was it 
 said in the library, so that if other persons had been in the library, 
 they could have heard it? 
 
 Objected to. 
 
 Q. Were they in the nature of private conversations, or were the 
 remarks he made there so that anybody that happened to be present 
 could hear? A. What remarks? 
 
 Q. Those you referred to as being personal, and which you say, 
 perhaps might have been of a private character? A. I do not know 
 that I could recall any particular conversation. 
 
 Q. Did you ever hear him make remarks, that were of an offensive 
 nature, that were not in private conversation addressed to you, or 
 any one else, in a private way — by way of private communication or 
 private conversations? A. I do not know as I can recall any par- 
 ticular occasion, on which he offended any outside person that I 
 know of, by his remarks. 
 
 Q. Such remarks as were offensive? A. The matter might be 
 explained by saying this: that since I have been there, during the 
 regular oftice hours of the library, Mr. Wallis has been in the Law 
 Library comparatively very little of the time, and when he would 
 come in his deportment, generally speaking, so far as I know and 
 have observed, has been good; but I have been there a good deal of 
 the time in the evening, and a great deal of what I have heard and 
 what has been said has been said in the evening, and was not 
 intended for the public ear, and consequently could not offend any 
 one except those who were all there friends at work. 
 
 Q. Such conversations then are less offensive in your judgment 
 because they were in the evening when usually the library is not 
 visited by many people? A. I am speaking of conversations which 
 if heard by others might give offense, not on account of the boister- 
 ous manner, but on account of what was said. 
 
 Testimony of H. L Willey. 
 
 Called and sworn on behalf of the defense. 
 Mr. Johnson — Your name is H. I. Willey? Answer — Yes. 
 Q. You are at present Surveyor-General of the State of California? 
 A. Yes. 
 Q. Your office is in the State Capitol? A. Yes. 
 Q. And has been since January last? A. Yes. 
 
 16 
 
122 
 
 Competency and Deportment of Librarian. 
 
 Q. You know T. H. Wallis, the State Librarian? A. I do. 
 
 Q. Has your business called you into the State Library during your 
 official connection with the State Government? A. Very seldom. 
 
 Q. You have been in there ? A. Yes. 
 
 Q. And you have seen him ? A. Yes. 
 
 Q. And had business with him ? A. Yes. 
 
 Q. State as to his demeanor and deportment towards yourself and 
 other people as it came under your observation while you were there ? 
 A. His demeanor to me has always been courteous, and I have never 
 noticed anything discourteous in his demeanor to others. 
 
 Q. Have you ever had occasion to ask him in relation to books in 
 the library? A. No; I have no time to devote to literary matters. 
 
 Q. Has your business brought you into the Law Library? A. Sev- 
 eral times I have been in there. 
 
 Q. At any of the times you have been in there have you called 
 upon Mr. Wallis for any information or assistance, and if so, was it 
 promptly given, and did he manifest a familiarity with that depart- 
 ment? A. I must say that he did at one time. I had to call upon 
 him for some information which required considerable research and 
 he found everything that I desired. 
 
 Cross-examination. 
 
 Mr. HoLL — To you personally his conduct and conversation has 
 been courteous and kind ? A. In my presence, yes. 
 
 Q. Has it always been that, so far as you know, when you were not 
 present ? Do you know anything about the character of this man's 
 conversation outside of your own knowledge? A. I have no knowl- 
 edge of anything that occurred when I was not present. 
 
 Testimony of John Markley. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is John Markley ? Answer — Yes. 
 
 Q. You are a member of the State Board of Equalization ? A. 
 
 Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. You know Mr. Wallis, the State Librarian? A. Yes. 
 
 Q. Have you ever had any business relations with him or any busi- 
 ness which took you into the State Library? A. I have had occa- 
 sion, I think, two or three times, to hunt up some matters in 
 relation to taxes, and I have had occasion to look for tliem myself, 
 and I could not find them, and I called on Mr. Wallis, and he 
 found them for ine. 
 * Q. Did he or did he not manifest a knowledge of the business that 
 
123 
 
 3'ou asked liim about? A. Yes; he manifested a knowledge of the 
 business. 
 
 Q. State as to his demeanor towards yourself, and towards other 
 people, as it came under your observation ; wliether courteous or not, 
 polite or not, gentlemanly or not? A. He was courteous and polite 
 to me. 
 
 Q. And to others, so far as you could see? A. And to others so 
 far as I knew. 
 
 No cross-examination. 
 
 Testimony of John W. Armstrong. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is John W. Armstrong? Answer — Yes. 
 
 Q. You are at present a Judge of the Superior Court of Sacra- 
 mento County ? A. Yes. 
 
 Q. Do you know T. H. Wallis '^ A. I do. 
 
 Q. Do you know Miss M. A. Patton? A. I do. 
 
 Q. Were you accjuainted with Miss Patton during her connection 
 with the State Library? A. Yes. 
 
 Opening and Ddention of Letters. 
 
 Q. Do you remember having a conversation with Miss Patton 
 some time in April of this year, about a certain letter which she 
 claimed that something had happened to? A. I had a conversation 
 with her some time after the Legislature adjourned. I cannot tell 
 exactly when? 
 
 Q. Where was it? A. It was at my house. I can refer to circum- 
 stances that would probably fix the time. It was about the close of 
 the first hard rain we had. My wife was away from home. She was 
 up at Drytown, and I fix the date by reason of that circumstance. It 
 rained while she was up there. She was up there two weeks, and 
 this occurred the last Sunday that she was away from home. Miss 
 Patton came to tlie house, and I was lying on my lounge alone, and 
 I invited her to come in and sit down. She came in, and after she 
 sat down she put her hands up to her face and seemed to be weeping, 
 and was feeling very badly. I asked her what was the matter. She 
 waited for some time, and then I arose from where I was reclining 
 on the lounge, and after awhile she commenced and told me this: 
 that she had had some trouble up in the library about her letters, 
 and I asked her what it was, and she said that some letters had been 
 detained two or three days, and that she did not like to be treated in 
 that way about her letters. I said to her that I was sorry that there 
 was any trouble now in the library among the employes of the 
 library, and I thought I had had trouble enough with outside ene- 
 mies, and that I supposed that they were all getting along pleasantly, 
 and that there was no trouble between them up here at all, and up- 
 to that time I had never heard of anything. She said that her let- 
 ters had been detained. I felt interested in knowing whether any 
 
124 
 
 one had an object in detaining them, and for that purpose I asked 
 her whether the letters had been "opened or not — wliether they were 
 letters of business or letters of importance. She said they had not 
 been opened, and that they were merely friendly letters, but that she 
 did not like to have her letters laying around for two or three days 
 without being delivered to her. I then said to her, "I will tell you, 
 Miss Patton, I know that you are nervous" — she had been afflicted 
 with rheumatism, and I knew that the storm which was just passing 
 off was liable to affect her and make her nervous about small mat- 
 ters — and I said that if the letters had not been opened no one could 
 have an intention to detain them, and that it must have been acci- 
 dental, and that if she was not feeling nervous she would not regard 
 it as 9, matter of any importance and would pass it along. She stayed 
 there awhile and we talked, and she got to feeling well and I walked 
 home with her. I made a visit at her home. That is the substance 
 of the conversation. 
 
 Cross-examinatio7i. 
 
 Mr. HoLL — Did she tell you that the letters had not been opened, 
 or that she did not know that they had been opened ? A. She said 
 the letters had not been opened, and from that I took it that the 
 detention was accidental, and not by design. If she had told me 
 the letters had been opened I should then have inquired into it, and 
 would have seen if there was anybody around the library that had 
 any object in opening the letters. This was the first intimation I 
 had that there was any ill feeling among the employes of the library. 
 
 Q. The time of that conversation you cannot locate any nearer 
 than that it was about the time of the first rains? A. It was the 
 closing of the first heavj' rains; that is about the time it was. 
 
 Q. About the vernal equinox? A. Well, I do remember when 
 that occurs; I did when I was a boy studying geography. 
 
 Testimony of Duncan Beaumont. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is Duncan Beaumont? Answer — Yes. 
 
 Q. You reside now, and have for a number of years, in Sacra- 
 mento? A. Yes. 
 
 Q. You are in the State Engineer's office? A. Yes. 
 
 Q,. You were connected with the Surveyor-General's office for two 
 terms? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. You have known Mr. T. H. Wallis, the present State Librarian, 
 for a number of years? A. Yes. 
 
 ■ Q. Has your business ever called you into the State Library? A. 
 Yes, I have been in the library a great many times foV the purpose 
 of getting books. 
 
125 
 
 Q. You have seen Mr. Wallis there? A. Yes. 
 
 Q. State to tlie Board as to his demeanor and deportment towards 
 you and towards other people when it came under your observation, 
 as to whether it was courteous or not, yentlemanly or not? A. Well, 
 all the time he was acting as deputy I generally found him very 
 pleasant; I never had any trouble with him. Since he has been 
 Librarian I have not been in the library so much, but still I have 
 had to get a number of books out for our office, and also for my own 
 use, and always was treated well and pleasantly in the library. 
 
 Q. Have you ever had occasion to ask him in reference to books, 
 or to find any book, or obtain any books for you? A. No — once or 
 twice in the Law Library I have inquired for books. 
 
 Q. Was he always prompt in getting them? A. Yes; I never had 
 any trouble in getting them. 
 
 Mr. HoLL — You say you were in the Law Library when you had 
 occasion to ask him to get some books for you ? A. Yes. 
 
 Q. What were those books. State reports? A. Sometimes they 
 were reports here and then reports of other States. 
 
 Q. When you asked him for reports of our own State he had no 
 difficulty in finding them for you ? A. No. 
 
 Testimony of Winfield J. Davis. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is Winfield J. Davis? Answer — Yes. 
 
 Q. You are now, and have been for the past seven or eight years. 
 Official Reporter of the Superior and District Courts of this county? 
 A. I have. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Talbot H. Wallis, the State Librarian? A. I 
 have known him intimately for several years. 
 
 Q. Has your business been such as to call j^ou into the State 
 Library during the past five or six years or more? A. Yes. 
 
 Q. Have you been here quite frequently? A. Very frequently. 
 
 Q. Have you had business relations with Mr. Wallis since he has 
 been connected with the State Library ? A. Yes. 
 
 Q. State now as to his manner, whether it was pleasant, affable, 
 and gentlemanly, or not? A. He has always treated me with the 
 utmost courtesy, and, so far as my observation goes, he has treated 
 others here with the utmost courtesy and affability. 
 
 Q. State whether he has manifested in your presence any knowl- 
 edge of the books in the library and for their classification and 
 arrangement? 
 
 Mr. HoLL objected, as irrelevant and immaterial, and the Board 
 overruled the objection. 
 
 A. He has. 
 
 Q. Just explain as to that, if you can. You are now and have been 
 
126 
 
 engaged for some time in writing a political history of this State ? 
 A. Well, I have been collecting data for such a work. 
 
 Q. And tliat has naturally brought you into the library quite fre- 
 quently ? A. Yes. 
 
 Q. Go on and give instances, if you can, of Mr. Wallis' knowledge 
 of the books here? A. I have had occasion to consult books both in 
 the law and miscellaneous departments of the library, and wlienever 
 I inquired of Mr. Wallis for a book I have had no difficulty in find- 
 ing it. He has promptly taken me to the place where the particular 
 book was. 
 
 Cross-examination. 
 
 Mr. HoLL — You would ask for a book and would give him the title 
 of the book and the name of the author, and he would take you to 
 the part of the library where that class of books are kept? A, Yes ; 
 but at times I would not know exactly the title of the book or the 
 name of the author. I would see a reference in an old newspaper to 
 a book that had been published years back, and I would ask him if 
 such a book, giving its description as nearly as I could, was in the 
 library, and he has been able to furnish me the information that I 
 required. 
 
 Q,. And you would give him the title of the book ? A. As nearly 
 as possible. At times I would not know exactly its title. 
 
 Q. You would give him to understand what you wanted, and he 
 would go and find the book among the books classified under that 
 subject? A. I do not know that he could have done any more than 
 that. 
 
 Q. Did he know anything about the books except to go and find 
 them? A. At times I would find that he was more familiar with 
 the books than I was. 
 
 Q. What is the character of books that you would generally ask 
 for? A. Books relating to the history of California, to the history of 
 Mexico, and works on law that related to this State and coast, and 
 also law works generally that were required in connection with my 
 business as the reporter of a Court. 
 
 Q. In the law department of the library ? A. Yes. 
 
 Q. He would bring you such books as you asked for, I suppose ? A. 
 Yes. 
 
 Testimony of E. W. Maslin. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — What is your present official position ? Answer — 
 Clerk of the State Board of Equalization. 
 
 Q. What other positions have you held in the last few years? A. 
 I have held this position since April, 1880, I think. 
 
 Q. What other positions have you held? A. I was four years with 
 Governor Irwin as Private Secretary. 
 
 Q. What other positions have you held? A. I was Clerk of the 
 State Board of Equalization. 
 
127 
 
 Q. Were you ever Trustee of the State Library? A. Yes; I had 
 forgotten all about that. 
 
 Q. Wlien were you Trustee of the State Library? A. I was elected 
 in the Winter of 1878, and held until April, 1882. 
 
 Competency and Deportment of Librarian. 
 
 Q. Mr. Wallis was then Deputy Librarian? A. Yes. 
 
 Q. During the time you held that office and the office of Private 
 Secretary to Governor Irwin and the office you are now holding, did 
 your duties call you to frequently visit the State Library? A. Yes. 
 
 Q. State what Mr. Wallis' usual treatment and deportment towards 
 you and towards visitors in your presence during your visits to the 
 library has been ? A. Mr. Wallis, at that time 
 
 Q. Up to the present time? A. When I was Trustee, Mr. Wallis, 
 most of the time, was in the library here. He had charge of the 
 Law Department. Afterwards he became a deputy, and of course 
 his duties took him to other portions of the building. I never saw 
 anything out of the way as to Mr. Wallis' treatment of any person 
 who had any business with the State Library. On the contrary, I 
 think Mr. Wallis is as much, if not more, than any one I ever saw, 
 particularly obliging towards all visitors and persons having any 
 business in the State Library. 
 
 Q. And gentlemanly in his deportment to them? A. Yes. Of 
 course, Mr. Wallis has a bluff way about him, but he certainly is 
 extremely obliging. 
 
 Q. State what you know about his qualifications as Librarian ? 
 
 Mr. HoLL — Based on any knowledge of books that he has dis- 
 played ? A. Well, it would be very difficult — it would be only an 
 opinion on my part as to his general qualification. For instance, as 
 to his literar}' training or his literary acquirements, I do not know 
 very much about that, but so far as his knowledge of books in tliB 
 library is concerned, where they are and what they contain, I have 
 always noticed that iVIr. Wallis knew where the books were, and was 
 always able to give anybody any information on any subject which 
 they desired to investigate. Tliat has been my observation of him. 
 
 Cross-examination. 
 
 Mr. HoLL — State any instance that you know of where he has fur- 
 nished anybody with any information on a matter that was peculiarly 
 within his own knowledge? A. I seldom have been in the Law 
 Department here, Mr. HoU, and I think I probably visit the library 
 as much as any man in the city ; of course, I cannot give you 
 instances where I have seen this man or that man assisted, but I 
 have seen Mr. Wallis, time and again, asked by lawyers where cases 
 were, and he knew where they were, and he got them for them; I 
 have seen him, time and agaiUj hunting up cases for lawyers for 
 briefs; I do not know what the subject-matters were, bat I knew 
 from what I could gain, that he was hunting up law questions ; if he 
 is able to do that, he knows something about the Law Library. 
 
128 
 
 Q. Now, you said he knew where the books were in the library, 
 and what they contained? A. Yes. 
 
 Q. Do you mean that he knew what they contained ? A. My idea, 
 Mr. Holl, of a Librarian is not 
 
 Q. Do you mean that Mr. Wallis knows what the books in the 
 library contain? A. As a Librarian. 
 
 Q. What do you mean by that? A. I was going to tell you, and 
 you stopped me. 
 
 Q. Tell it now? A. A Librarian to read all the books i;i the library 
 is a lost man ; he wants to know this, in my opinion : he wants to 
 know the title pages of the books, and the subject-matter generally 
 on which they treat; he does not want to read what is in the books ; 
 he would not have the time to do that; that is what I meant when I 
 said that lie knew what they contained. 
 
 Q. What the title pages contained? A. Yes. 
 
 Q. When you said that he knew what the books contained you 
 mean by that that he knew what the title pages contained? A. No; 
 I mean more than that. The title page would not give him all of the 
 information — he would know what the books treated upon. 
 
 Q. You say that you cannot give us any instance, that you now 
 remember, where he displayed any of that sort of knowledge ? A. 
 Well, I cannot give you any instances. 
 
 Q. You are yourself considerable of a literary man. Was he ever 
 able to furnish you any information? A. I do not pretend to be a 
 literary man. I have studied two or three subjects, and I have had 
 occasion to be in the library. I have always asked Mr. Wallis where 
 I could find books on a particular subject that I was interested in. 
 
 Q. Then he was able to tell you where books on that subject could 
 be found? A. Yes. 
 
 Q. Is all your knowledge as to his qualifications limited to that? 
 When you asked him for any books he could tell you where they 
 were — is it not pretty much limited to that? A. No; I would not 
 confine my testimony to that, that that is all he knows. 
 
 Q. Beyond that what service has he rendered to you that you can 
 tell us of that shows he has an intelligent understanding of the cur- 
 rent topics of literature, art, and science? A. I have never asked 
 much assistance, although I have been in the library a great deal. I 
 think I am an observing man, and I have a hobby about public offi- 
 cers being obliging and being industrious, and being attentive to 
 their duties, and I have always observed, and I think it is the com- 
 mon judgment of everybody around the Capitol, that Mr. Wallis is 
 extremely obliging and attentive to his duties. 
 
 Testimo.vy of a. E. Shattuck. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — You are at preseiit Deputy Secretary of State? 
 Answer — Yes. 
 Q. Your office is in the State Capitol building? A. Yes. 
 
129 
 
 Co7npetenry and Deportment of Librarian. 
 
 Q. Do you know T. H. Wallis, the State Librarian ? A. Yes. 
 
 Q. Have you bad occasion, during your term of office, to visit tbe 
 State Library? A. Yes; a jzood many times. 
 
 Q. Have you seen Mr. Wallis tbere? A. I bave ; yes. 
 
 Q. State to tbe Board as to Mr. Wallis' demeanor and deportment 
 towards you and towards otber people, as it came under your obser- 
 vation, as to wbetber it was courteous, polite, atfable, and gentle- 
 maitly? A. He bas been extremely obliging to me. 1 never bad 
 any dealings tbere witli any one else but bim. It bas just bappened 
 tbat I never applied to anybody but bim. He bas rendered me a good 
 deal of assistance several times, but particularly in some correspond- 
 ence tbat I bad. I got rid of some very ugly foreign correspondence 
 tbrougb bim, and I turned over to bim all of tbe correspondence for 
 tbe State Library. I did not do any of it; he did it all. 
 
 Q. If it came under your observation, state anytbing tbat mani- 
 fested on bis part a knowledge of the library and of its books? A. 
 I do not know that ever I went in tbere but once to examine any 
 special subject — some scientific subject tbat I was interested in one 
 day — and 1 asked bim where I could find the books, and he told me 
 on the third floor in a certain alcove. That is the only instance tbat 
 I recollect. 
 
 Q. Did you ever bave occasion to examine any religious books? 
 A. Not in the library. I believe I did; I asked bim if he had any 
 "curios" tbere, and he showed me, I think, a Bible. It was a very 
 old one, I think. It may have been some other work. 
 
 Cros^-exaniination. 
 
 Mr. HoLL — What was this correspondence that you refer to? A. I 
 received some letters from some of the authorities in Australia rela- 
 tive to some exchanges, and the question arose if tbere was a way of 
 evading the duties. Matter directed to public libraries in exchange, 
 I understood, came through some course in San Francisco by which 
 tbe duties could be evaded, and not knowing bow to do it I went to 
 Mr. Wallis about the matter, and he took charge of tbe correspond- 
 ence, and conducted it to a successful issue, I think. 
 
 Q. Did you see any of the correspondence ? A. We got notice first 
 that the books were tbere, and that there was some form tbat bad to 
 be gone through with, and I went to see Mr. Wallis and I asked him 
 for the information, and he told me that he would attend to it him- 
 self, and he did so, I suppose, because the books came. 
 
 Q. Do you know whether he conducted tbe correspondence or 
 wbetber his deputy attended to it, Mr. Gunn? A. I do not know ; 
 he said he would do it. 
 
 Q. Do you know wbetber Mr. Gunn did it? A. No. 
 
 Q. Did you ever see any correspondence in his handwriting? A. 
 No; I do not believe I did. I bave also had some correspondence 
 
 17 
 
180 
 
 with some Eastern State library, and Mr. Wallis conducted that. I 
 think I saw him write a note in my presence about that. 
 Q. That is the only thing you ever saw? A. Yes. 
 
 Testimony of J. J. Tobin. 
 
 Called and sworn on behalf of the defense. , 
 
 Mr. Johnson — Your name is J. J. Tobin? Answer — Yes. 
 
 Q. You are at present Deputy Adjutant-General? A. Yes. 
 
 Q. You were a member of the Legislature? A. Yes. 
 
 Q. During the time you we're a member of the Legislature you was 
 the Chairman of the Committee on State Library in the Assembly? 
 A. Yes. 
 
 Q. And as such was brought in connection with the Librarian and 
 his deputies? A. Yes. 
 
 Q. And was called upon to examine the library? A. Yes. 
 
 Q. Since your residence in this city have you had business in the 
 State Library? A. Frequently. 
 
 Competency and Deportment' of Librarian. 
 
 Q. Do you know Mr. T. H. Wallis? A. Very well. 
 
 Q. You knew him at the time you were on the Library Committee? 
 A. Yes. 
 
 Q,. You have seen him in the library, and have had business with 
 him in the library? A. Very often. 
 
 Q. State to the Board as to the demeanor, deportment, and man- 
 ner of Mr. Wallis towards yourself and towards other people, when 
 it came under your observation, whether it was affable, polite, gentle- 
 manly, or the opposite? A. It was decidedly so. I always found 
 him courteous, affable, and ready to accommodate when I wanted 
 any accommodations. 
 
 Q. State if you can as to the knowledge that has been manifested 
 on his part of the books of the library and their classifications? A. 
 Well, I had occasion to ask him on two or three occasions with regard 
 to some works — some historical works, and I found that he was 
 thoroughly acquainted with the books in the library. 
 
 Cross-examination. 
 
 Q. Would you ask him for books, naming the titles of the volumes 
 or the books and the authors? A. Yes; sometimes. 
 
 Q. You knew what works you wanted yourself? A. Yes. 
 
 Q. You knew the title of them ? A. Yes. 
 
 Q. You asked him whether he had those works? A. Yes. 
 
 Q. And he would get them. He was able to do that without diffi- 
 culty? A. Yes. 
 
 Q. That is the extent of your knowledge on the subject as to his 
 
131 
 
 competency as a Librarian. Is it, or is it not? A. Well, I would 
 not say that. 
 
 Q. What further have you to say? A. Frequently, in reference to 
 the conduct of the library itself, its financial affairs, etc., I have had 
 occasion to examine into the workings of it, and I found that Mr. 
 Wallis, as far as I could see, kept his books in a shape that they had 
 not been previously kept in, at least as far as my knowledge is con- 
 cerned as Chairman of the Cojnmittee on State Library. I had occa- 
 sion to visit the library many times to inquire into the financial 
 affairs of the library, and I took occasion one day to ask Mr. Wallis 
 what books he kept and how he conducted it, and he showed me 
 some two or three books that he had there and they appeared to me 
 to be very well and carefully written up. Of course I did not 
 attempt anything like a critical examination— just a mere casual 
 looking at the books. 
 
 Q. You know whether those books were kept in Mr. Wallis' hand- 
 writing or in that of his deputy,- Mr. Gunn? A. As far as I could 
 judge they were kept in Mr. Wallis' handwriting. 
 
 Q. Do you know? A. I cannot say. 
 
 Q. You do not know ? A. I do not know Mr. Gunn's handwriting. 
 I could scarcely swear to Mr. Wallis' writing. I have seen it fre- 
 quently^, but I could not saj' it was his writing. 
 
 Reports of Legislative Committees. 
 
 Mr. JoHNSOx — We now offer in evidence the report of the Com- 
 mittee on State Library of the Senate of the State of California, 
 presented to the Senate on March 13^ 1883, and signed by the Chair- 
 man. It appears in the proceedings of the Senate of that day. It is 
 as follows : 
 
 " Sacramento, March 13, 1883. 
 
 " Mr. President: Your Committee on State Library beg leave to 
 report that they have examined into the affairs of the State Library, 
 and find everything in proper condition. The books are well 
 arranged for convenience, and evidently good care is taken of them. 
 Considerable additions have been annually made, and we are pleased 
 to note that they are mostly of the class known as standard works, 
 and such as will be of permanent value. The system of keeping 
 accounts, adopted by the present Librarian, is convenient and accu- 
 rate. 
 
 "We find that the Librarian, from April 6, 1882, to March 13, 1883, 
 has drawn, by warraiit and otherwise, the sum of $4,144 69. We 
 also find, that for the same period of time, he has expended §14,018 83, 
 as per vouchers in his hands; leaving a cash balance on hand of 
 $125 86. 
 
 "There are in the library, as a[)pears by the register of books kept 
 by the Librarian. 55,118 volumes. The law department has received 
 very material additions, and now contains all the late publications 
 of value. 
 
132 
 
 "So far as we are able to learn, the management gives general sat- 
 isfaction. The employes are courteous and accommodating. 
 
 "C. H. MADDOX, Chairman." 
 
 Mr. HoLL — I object to its introduction. It is a report made by a 
 committee of the Legislature, and of all the unreliable things in the 
 world, the report of a legislative committee is the most unreliable. 
 It is not competent evidence, and is not admissible in this case, as 
 proving any of the specific matters alleged or disproving them. 
 
 Mr. Edgerton — The ruling will be reserved. 
 
 Mr. Johnson — We offer in evidence also, the report of the Assem- 
 bly Committee on State Library, presented to the Assembly, on 
 Tuesday, February 27, 1888, and found in the proceedings of that 
 date, as follows : 
 
 " Assembly Chamber, Sacramento, February — , 1883. 
 
 "Mr. Speaker: Your Committee on State Library beg leave to 
 report that they have examined into the affairs of the State Library, 
 and found everything in proper condition. The books are well kept, 
 and neatly and conveniently arranged. The increase in number of 
 volumes by additions to the various departments has been verj^ con- 
 siderable, and we take pleasure in observing that the purchases 
 made are of works of intrinsic merit and permanent value, and 
 adapted to the purpose of making this chiefly a reference and scien- 
 tific librar3^ We find the books, both of record, of purchases, and 
 donations, and of finances, properly kept, and the proper vouchers 
 for all the money paid out, and the bills properly audited by the 
 President of the Board of Trustees. The system of keeping accounts 
 adopted by the present Librarian is neat, terse, and accurate, and is 
 much to be preferred to the former method. The employes of the 
 library and the management of it give general satisfaction. 
 
 " BRICELAND, Chairman." 
 
 Same objection, and ruling reserved. 
 
 Mr. Johnson — (To Mr. Tobin) — Is this the book you referred to in 
 your former testimony? A. Yes; that is the book. 
 
 Testimony of Frank Mahon. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is P'rank Mahon? Answer — Yes. 
 
 Q. You reside in Sacramento City? A. Yes. 
 
 Q. Do you know T. H. Wallis, the State Librarian? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. Have you had business relations with him in the library, and 
 
133 
 
 have you been in the library during the time you have lived in the 
 city? A. Well, occasionally I have. 
 
 Q. Your office is that of Dejiuty State Printed? A. There is no 
 such an office as that. I am bookkeeper of the State Printing Office. 
 
 Q. You know Mr. Wallis? A. Yes. 
 
 Q. State to the Board as to Mr. Wallis' demeanor and deportment 
 and treatment of yourself and of other people as it came under your 
 observation — whether it was polite, gentlemanly, affable, courteous, 
 or the opposite? A. Well, I have been in the library many times; 
 I have occasionally come into the library and asked questions of Mr. 
 Wallis. Sometimes parties have sent to us for copies of reports, and 
 I have, I think, on two occasions had occasion to call on Mr. Wallis 
 for the reports, not being able to find them in the office of the State 
 Printer, and on both occasions, when I have requested Mr. Wallis to 
 furnish me copies of reports, he has done it willingly, and at all 
 times he was very cheerful, very gracious, and very courteous. He 
 has also been so when I have visited the library on other occasions. 
 I do not know that I have ever met with a more agreeable man in 
 office than Mr. Wallis. 
 
 Cross-examination. 
 
 Mr. HoLL — Twice you had occasion to go there on official business 
 to get some reports? A. Yes. 
 
 Q. And was treated respectfully by Mr. Wallis? A. Yes. 
 
 Q. In a gentlemanly manner? A. Yes. 
 
 Q. And that was his course when you went there on other occa- 
 sions? A. Yes. 
 
 Q. You were treated gentlemanly and respectfully by the Libra- 
 rian? A. Yes. 
 
 Q. That is about the extent of your knowledge of Mr. Wallis? A. 
 I spoke of these two occasions, because I went there then to get some 
 reports. 
 
 Q. You have not been there a great many times? A. I have been 
 there occasionally ; I have not borrowed a great many books from 
 the library. 
 
 Testimony of Grove L. Johnson. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Ball — You reside in this city? Answer — I do. 
 
 Q. You are an attorney at law ? A. I am. 
 
 Competency and Deportment of Librarian. 
 
 Q. In the course of your business, have you had occasion to visit 
 the State Library frequently, or otherwise? A. I have had occasion 
 to visit the library sometimes in the course of my business; I do not 
 know as I can say it has been frequently; yes, I can. 
 
 Q. How long have you known Talbot H. Wallis as Librarian and 
 deputy? A. 1 think ever since he was first employed. 
 
134 
 
 Q. What has been his general deportment towards you and others, 
 as you have observed it? A. Always courteous, pleasant, affable, and 
 polite. 
 
 Q. Has he evinced a knowledge of the books, 9,nd where they are 
 kept, in and about the library? A. He has. 
 
 Q. To what extent? A. I recall one instance in particular, where 
 I had a suit against a life insurance company, and where the ques- 
 tion of suicide was the prominent defense — as to whether it was sui- 
 cide by prussic acid or not. I came to the library, and not knowing 
 what I wanted to find, or where to go, I stated the case to Mr. Wallis, 
 and he said he had some books treating on that subject. He went up 
 with me into tiie alcove of the library, and showed me where the 
 books were that treated on that subject, and told me the names of 
 some of the authors, and I examined them and found that they did 
 treat on that subject, and I was enabled thereby to post mj^self 
 
 Q. Can you call to mind any other instances ? A. There have been 
 some instances in reference to some literary matters that I have been 
 engaged in. I have asked Mr. Wallis for assistance and for reference, 
 and he has been able to give it to me without trouble. I do not speak 
 of the law department, because that has been spoken of so much. 
 
 Mr. HoLL — Did I understand you to say that you were a lawyer? 
 A. No, you did not. 
 
 Q. I understood that Colonel Ball asked you whether you were a 
 lawyer, practicing law in Sacramento? A. No; he asked me if I was 
 an attorney, and I answered that I was. 
 
 Testimony of C. E. Gunn — Recalled for the defense. 
 Competency of Librarian. 
 
 Mr. Ball — Mr. Gunn, please examine this book; what is this 
 book? A. This is a cash book and general account book of the 
 State Library. 
 
 Q. By whom is it kept? A. By Mr. Wallis. 
 
 Q. Who devised the system of keeping the book in this manner? 
 A. Mr. Wallis. 
 
 Q. Is it kept in the same system that it was prior to Mr. Wallis 
 taking charge of the State Library? A. No. 
 
 Q. Mr. Wallis, you say, keeps the book? A. Yes. 
 
 Mr. Ball — We offer this book in evidence. 
 
 Q. Are there any other books kept? A. Yes. 
 
 Q. Than this? A. Yes. 
 
 Q. Is there a book called the "Register" kept? A. Yes. 
 
 Q. By whom? A. By Mr. Wallis. 
 
 Q. Look at this book, and see if it is the "Register" to which you 
 referred? A. That is the "Register" in which is kept a record of 
 the books purchased or otherwise received. 
 
 Q. It is denominated "Register of Books, State Library." Is this 
 book marked "Cash Book" — the book that was kept prior to Mr. 
 
135 
 
 Wallis devising the cash book system, now in use in the library? A. 
 Now in use? 
 
 Q. Yes; is this tlie book that was kept prior to Mr. Wallis devising 
 the system in which the cash account is now kept? A. That is the 
 book in which I understood 
 
 Mr. HoLL — I object, unless he knows that the book was kept. 
 
 Mr. Ball — Was it in the office? A. I understand it was. I never 
 saw anybody write in it, but I was told so. 
 
 Q. You found -it here on the files, purporting to be the cash book 
 that had been kept? A. Yes. 
 
 Q. When you came into the office? A. Yes. 
 
 Mr. Ball — We offer that, also, in evidence. 
 
 Mr. Edgerton — The ruling will be reserved. 
 
 Cross-examination — Opening and Detention of Letters. 
 
 Mr. HoLL — Mr. Gunn, in April of last year, there was some diffi- 
 culty about a letter, that it was claimed by Miss Patton was not 
 delivered until after it was in the library for a day? A. In April of 
 last year? 
 
 Q. Last April? A. I do not remember any difficulty about it. 
 
 Q. You remember the fact of such a letter having been received 
 here, and tliat there was something said about its having been 
 retained by Mr. Wallis? A. I remember of Miss Patton speaking to 
 me about it — something about it. 
 
 Q. What I want to call your attention to is this: Did you hear a 
 conversation, in reference to that letter, in the private office of Mr. 
 Wallis, between Mr. Freeman — Frank Freeman — and Miss Patton? 
 Were you in the room at the time that they had a conversation about 
 that letter? A. I do not think I was. I do not recollect any such 
 conversation. 
 
 Q. Reflect a moment, and see if you do not remember it. If you 
 do remember it I wish you would state what you heard of it? A. I 
 may be confused as to the date. 
 
 Q. I want to call your attention to it? A. I do not want to say 
 " No," but I do not recollect a conversation at that date. 
 
 Q. Let me call your attention to the circumstances to refresh your 
 memory. It is in reference to a letter delivered by the messenger of 
 Wells, Fargo & Co., and it is claimed that it was delivered one morn- 
 ing, and that it was detained by somebody in the library, and was 
 not delivered to Miss Patton until the following morning, when she 
 found the letter laying upon her table. It is that circumstance to 
 which I wish to call your attention? A. I do not recollect an}' con- 
 versation between Miss Patton and Mr. Freeman. 
 
 Adjournment to San Francisco. 
 
 .Mr. HiNKSON asked, that when the Board adjourns it will be to 
 meet at San Francisco, to take some additional testimony. He said 
 he would ask for that course to be pursued unless the prosecution 
 would admit certain letters in evidence from gentlemen residing in 
 
136 
 
 San Francisco. Judge Holl declined to admit the letters in evidence, 
 and Mr. Edgerton stated that the order to meet at San Francisco 
 when the Board closed its session here would be made at the proper 
 time. 
 
 evening session. 
 
 Testimony of R. T. Devlin. 
 
 Called and sworn on behalf of the defense. 
 Mr. Johnson — Your name is R. T. Devlin? Answer — Yes. 
 Q. You reside in Sacramento City? A. Yes. 
 Q. You are an attorney at law? A. Yes. 
 
 Q. And have been practicing law here for a number of years ? A. 
 Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. Have you had frequent occasion to visit the State Library 
 during the past few vears? A. Yes. 
 
 Q. Do you know t. H. Wallis? A. I do. 
 
 Q. Have you had business relations with him in the State Library? 
 A. Well, so far as his duties as Librarian are concerned. 
 
 Q. State to the Board as to his manner, his deportment, and his 
 treatment of you and of other persons as it came under your obser- 
 vation, as to whether it was courteous, polite, affable, gentlemanlj'', 
 or the opposite? 
 
 Mr. Holl — I object, on the ground that there is no complaint made 
 against Mr. Wallis of treating this gentleman discourteously. 
 
 The Board overruled the objection. 
 
 A. Well, I have had occasion a number of times to visit the Law 
 Library; most of my researches have been made in that department 
 of the library. I found Mr. Wallis there a number of times, and 
 have had occasion to make inquiries of him concerning books and 
 other matters, and he has always given me all the information I 
 desired, and he has treated me courteously and he has treated others 
 in the same way. I have noticed nothing to the contrary. 
 
 Q. State if he manifested any knowledge of the books in that 
 department of the library? A. I think he did, so far as the Law 
 Library was concerned. Of course my testimony is confined to that. 
 He seemed to possess a great knowledge of the books in that depart- 
 ment and of their value as authority. 
 
 Cross-examination. 
 
 Mr. Holl — He afforded you all the information in his power; how 
 much was that? A. Well, if I asked him if there were other text- 
 books on a certain subject than the ones that I was acquainted with, 
 he answered the question if he was able. 
 
 Q. And if he was not, then what did he do ? A. Then he gener- 
 
137 
 
 ally referred to a reference manual there, without causing me to do 
 it, and looked over it himself, and frequently brought hooks to me. 
 
 Q. Now, Mr. Devlin, what you mean to say is, that Mr. Wallis, to 
 the extent of his ahility, was obliging to you ? A. Yes. 
 
 Q,. You would expect to meet that same obliging spirit in State 
 officers and other officers generally? A. I certainly would expect 
 it; yes. 
 
 Q. Was there anything peculiar about Mr. Wallis that took him 
 out of the general category' of public officers as to the deportment 
 which he manifested towards people who visited the library on busi- 
 ness? A. Mr. Wallis and myself were acquainted before we were 
 admitted to the bar, and I was very intimate with him. 
 
 Q. Do you think he was more di-sposed to favor you? A. No. 
 You ask me if I would expect any more from him than what I would 
 expect from a State officer. I say I would not. If I had anj' busi- 
 ness with a State officer with whom 1 was not personally acquainted, 
 I would simply expect to transact my business and go away, but we 
 conversed on other matters. 
 
 Q. In what way did he furnish you information when you went 
 into the Law Library, and how was he able to furnish you informa- 
 tion ? A. Well, in the way that I have specified. Of course I could 
 have obtained that information, if I had desired it, myself, by 
 searching the books. I might ask, for instance, if there was a text- 
 book on some particular subdivision of the law that I desired to 
 investigate — some particular subject — and instead of looking at the 
 general text-book, I might ask if there were any particular text- 
 books on that subject, or I might ask Jiim if there was such a 
 book on that subject, and if a case was interesting, I might state the 
 case to him in a general way, and he has frequently given me some 
 information or some ideas that have been of advantage to me. 
 
 Q. When you made any inquiry as to the latest text-books upon 
 any given subject or branch of the law, you found that he knew 
 wdiether he had such a book in his library? A. Yes. 
 
 Q. If he had it, he was kind enough to furnish it to you? A. Yes. 
 
 Q. With alacrity ? A. Yes, certainly. Then another matter has 
 come to my mind since you have called my attention to it, with 
 reference to abbreviations: in some of the old English reports law- 
 yers do not pretend to know what the abbreviations mean that are 
 used; sometimes I have asked him for an explanation in looking for 
 ^n authority in some of those reports. 
 
 Q. You found that he knew it, sometimes? A. Yes, sometimes he 
 did, and sometimes he did not. of course. 
 
 Q. Do you know the fact that he had been in that position in the 
 library there as assistant for about twelve years? A. Yes, for a 
 number of years. 
 
 Q. That experience there would naturally give him more informa- 
 tion on a few given points than what you had? A. Yes. 
 
 Q. And he was willing to give you the benefit of that information ? 
 A. Yes. 
 
 Q. That is about the extent of your knowledge of Mr. Wallis' 
 
 18 
 
138 
 
 capacity? A. As to his capacity as to giving information that is 
 about the extent of it, I presume. 
 
 Q. The only information that you received from him that you did 
 not possess, was simply that he knew some few abbreviations that you 
 did not know? A. Yes, and with reference to books. 
 
 Q. With reference to books he simply could inform you whether 
 he had certain books or certain editions? A. Mr. Wallis often 
 expressed an opinion to me. T do not know whether I paid much 
 attention to it, but he expressed an opinion as to whether one book 
 was more full than others, or whether it was better authority. 
 
 Q. Were you controlled in your investigations by his opinion as 
 to the value of authorities? A. No, I do not suppose any one would 
 be. 
 
 Testimony of W. H. Beatty. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is W. H. Beatty? Answer — Yes. 
 
 Q. You reside in Sacramento City? A. I do. 
 
 Q. You are an attorney at law? A. Yes; lam. 
 
 Q. You have had occasion to use and visit the State Library during 
 your residence in this city ? A. Quite frequently within the last two 
 years. 
 
 Q. Did you ever hold any official position in connection with the 
 State Library of the State of Nevada when you were residing there? 
 A. I was ex officio one of* the Trustees of the library for four years. 
 
 Q. By virtue of your office as Chief Justice of the Supreme Court? 
 A. As one of the Justices of the Supreme Court. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Talbot H. Wallis, the State Librarian ? A. I have 
 known Mr. Wallis by sight something like two years, and I have 
 known him personally something over a year, perhaps a year and a 
 half. 
 
 Q. In your visits to the State Library, which you sa.y have been 
 frequent, if you were brought into intercourse and in business con- 
 nection with the Librarian, state as to his manner and deportment 
 and treatment of you, and his treatment of other persons as it came 
 under your knowledge, whether it was courteous, polite, and gentle- 
 manly? A. I found Mr. Wallis almost invariably exceedingly 
 accommodating and obliging as Librarian. He has gone out of his 
 way and has done much more than his duty would call upon him to 
 do for me, and that without any obligation to do so. I have not held 
 any position that he should court my influence particularly. I have 
 not noticed his treatment of others, but his treatment of me has been 
 exceedingly obliging. 
 
 Q. State wiiether he manifested any knowledge of the books in the 
 library? A. As to that I do not know particularly; when I have myself 
 not been able to find any book, Mr. Wallis has always got it for 
 
339 
 
 me ; I remember one instance of some Louisiana authorities in which 
 citations were made from writers on the French hiw, annotators of 
 the French Code — the Civil Code. Tiiey were cited very extensively, 
 and I wished to find out their standing as authority. Mr. Wallis 
 assisted me in looking through some bibliography of French writers, 
 and of their several works on that subject, and an account of those 
 writers, and between us we exhausted the subject; he was of very 
 great assistance to me. That was one of the instances in which I 
 thought he went far beyond his duty as Librarian in rendering me 
 assistance. 
 
 Oi'oss-examination. 
 
 Mr. HoLL — The benefit you received from Mr. Wallis at that time 
 did not consist of any superior knowledge that he had on the subject, 
 or was it in his readiness to assist you in looking up such knowledge 
 as could be found in the books in the library? A. Well, Mr. Wallis 
 did not seem to be a walking bibliograplier himself, but he seemed 
 to know how to go to work on that subject. 
 
 Q. Whether the benefit you received from Mr. Wallis was in 
 consequence of any superior knowledge that he possessed in refer- 
 ence to these matters, or whether it was because of his diligence and 
 willingness to assist you in examining such works as were supposed 
 by you and him to contain the information j'ou desired ? A. I do 
 not know what you call superior knowledge ; he knew more about it 
 than I did. 
 
 Q. Li what respect did he know any more about it than you did? 
 A. He knew that there were in the library those books that I speak 
 of, those bibliographies, descriptive catalogues of French writers on 
 the Civil Code, and he found them for me, and froui them we 
 obtained reference to other books, and traced the subject up fully. 
 
 Q. Did that amount to anything more on his part than simply 
 a knowledge that books of that character were contained in the 
 library? A. It amounted to this: that he knew how to go to work 
 with the books in the library to find out about the subjects we were 
 investigating. He knew how to work with his tools, in other words. 
 
 Q. He knew something about the tools that he could work with in 
 the library? A. Yes. 
 
 Q. Now, Judge Beatty, you are a man that takes some interest in 
 general literature, are you not? A. Well, I suppose that I do — prob- 
 ably more than the average. 
 
 Q. You are familiar to some extent with English literature? A. 
 Well, I do not profess to be a man of any particular superior attain- 
 ments in that regard. 
 
 Q. You give some attention to general literature, do you not? A. 
 Yes; I do. 
 
 Q. Did you ever talk when you were in the library — did you ever 
 enter into a discussion of the subject of general literature with Mr. 
 Wallis? A. I never did. I have gone into the miscellaneous library 
 for the purpose of finding some books when I was looking up a mat- 
 ter connected with the late war, and Mr. Wallis assisted me in that, 
 
140 
 
 and he found the books that I wanted ; but that is the only time out 
 of the Law Library that I ever had anything to do with him. 
 
 Q. The matter I wish to call your attention to is as to what you 
 can tell us, if anything, as to Mv. Wallis' general knowledge of lit- 
 erature? A. I do not know that I ever have. I never heard him 
 discuss any subject connected with general literature. 
 
 Q. You have never talked with liim about it? A. No; my talk 
 with him has been about law books exclusively. 
 
 Q. Your intercourse with him at tlie library was investigating mat- 
 ters that you came to investigate especially, and not "to talk about 
 topics of literary interest, and in such matters as you were trying to 
 investigate he was of some assistance? A. He was of great assist- 
 ance to me. I am only doing him simple justice in saying that he 
 went out of his way. He did more than a Librarian is called upon 
 to do. You know that in text-books cases are frequently wrongly 
 cited, and they are frequently miscited in briefs, and frequently, when 
 I have failed to find a case at the place where it was cited, he has 
 hunted it up in his index, and has found it in its proper place. 
 
 Q. Then, in the way of using his index, and in the way of being 
 able to find such cases in the library, he showed some skill? A. Yes. 
 
 Q. But upon his general knowledge as to what he knew about gen- 
 eral literature, or upon any subject of human knowledge, you never 
 talked with him, and know nothing about him? A. No. 
 
 Testimony of George E. Bates. 
 
 Called and sworn on behalf of the defense. 
 
 Mt. Johnson — Your name is George E. Bates? Answer — Yes. 
 
 Q. You reside in Sacramento City? A. Yes. 
 
 Q. You are an attorney at law? A. Yes. 
 
 Q. You have been practicing here for a number of years? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. You know T. H. Wallis, the State Librarian? A. Yes. 
 
 Q. Has your business led you quite frequently into the State 
 Library, and brought you in contact with Mr. Wallis in the dis- 
 charge of his official duties? A. Yes; in the Law Library. 
 
 Q. State to the Board now as to how you found Mr. Wallis in his 
 treatment of you and of others as it came under your observation — 
 as to whether it was polite, courteous, affable, and gentlemanly, or 
 the opposite? A. His treatment of me and of others, so far as I 
 have known it, has always been polite and courteous. He always 
 afforded me all the information I desired about matters in the Law 
 Library. 
 
 Q. State whether or not he manifested a knowledge and an 
 acquaintance with the books in the library, and their classification 
 and arrangement? A. He seemed to have a perfect knowledge of 
 
141 
 
 the books in the Law Library. I never asked him about books in 
 the General Library. 
 
 Cross-examinatio7i. 
 
 Mr. HoLL — You say he afforded you all the knowledge you 
 desired; you mean that you simply asked him the questions and 
 lie answered them, or what do I understand by your saying that he 
 afforded you the knowledge? A. Well, I wanted to find certain 
 books and certain cases cited in books, and very often, as Judge 
 Beatty has said, they are wrongly cited in the text-books, and very 
 often abbreviations are used, and I did not know what they meant. 
 Of course I could have fbund them in the proper books, but he had 
 it all in his head. He could tell me what the abbreviations meant, 
 and what reports they were, when 1 asked him, and he would go 
 and find them for me and bring them to me. 
 
 Q. It was not the matter of abbreviations that you came to the 
 library to investigate, was it? You came here to investigate general 
 subjects of law? A. Of course, it was general subjects of law. 
 
 Q. When you say he afforded you information, you mean that he 
 furnished you the means by which you obtained the information ? 
 A. Yes; certainly. I did not go to the Law Library to get his opin- 
 ion on legal subjects. 
 
 Testimony of Henry L. Buckley. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is Henry L. Buckley? Answer — Yes. 
 
 Q. You reside in Sacramento City? A. Yes. 
 
 Q. You are an attorney at law? A. Yes. 
 
 Q. And ex-District Attorney of this county? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. You know Talbot H. Wallis? A. Quite well. 
 
 Q. And have for a number of years? A. Seven or eight years. 
 
 Q. Has your business brought you in contact with Mr. Wallis in 
 the discharge of his official duties as State Librarian? A. Yes. 
 
 Q. You visit the library quite frequently? A. 1 do. 
 
 Q. In both the law department and in the miscellaneous depart- 
 ment? A. Well, principally in the law department. 
 
 Q. You have noticed his conduct in the miscellaneous department 
 also? A. His conduct I have noticed; yes. 
 
 Q. State to the Board as to his treatment of you, and of other per- 
 sons, as it came under your observation in the discharge of his duties 
 there, as to whether he was polite, courteous, affable, gentlemanly, or 
 the opposite? A. Well, he has always acted polite!}' to me, and I 
 have never noticed him act otherwise to any one else. 
 
 Q. State if he manifested any knowledge of the books, and of their 
 divisions and classifications, in the library under his charge? A. 
 Well, in visiting the Law Library for the purpose of looking up such 
 
142 
 
 question as I desired to look up, of course I knew very little of the 
 arrangement of the books and of the abbreviations spoken of by the 
 other witnesses, and in calling on Mr. Wallis I never noticed him 
 experience any difficulty in understanding the abbreviations and 
 knowing where the books were located in the library. He knew just 
 where to search for the book that was wanted. 
 
 Q. You are at present in partnership in the practice of law with 
 Judge HoU ? A. Yes, we are partners. 
 
 No cross-examination. 
 
 Testimony of Elwood Bruner. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is Elwood Bruner? Answer — Yes. 
 
 Q. You are an attorney at law? A. Yes. 
 
 Q. You reside in Sacramento City? A. Yes. 
 
 A. And have for a number of years? A. Yes. 
 
 Competency and Dejwrtment of Librarian. 
 
 Q. You know T. H. Wallis, the State Librarian? A. Yes. 
 
 Q. And have for a number of years? A. Yes. 
 
 Q. Has your business and your official position as a member of the 
 Legislature led you into the State Library quite frequently, so as to 
 have seen him in the discharge of his official duties? A. Yes. 
 
 Q. State to the Board as to his deportment and manner, and treat- 
 ment of you and of other persons, as it came under your observa- 
 tion, whether it was courteous, polite, affable, gentlemanly, or the 
 opposite? A. Mr. Wallis has always acted the perfect gentleman to 
 me, and, as far as I know, to every one else. I have never seen him 
 act otherwise. 
 
 Q. If I rec^ollect right, 3^ou was a member or the Chairman of the 
 Committee on State Library during your term? A. Yes; I was not 
 the Chairman ; I was a member of the committee. I will take that 
 back ; I was not on the committee. 
 
 Q. State if Mr. Wallis manifested any knowledge of the books 
 and of the arrangement and classification of the books in the library? 
 A. I will say that I never inquired for any book but what it was 
 immediately brought to me. There seemed to be no hesitation what- 
 ever about it. 
 
 Cross-examination. . 
 
 Mr. HoLL — You mean in the Law Library? A. Yes. 
 
 Q. Yoa know something of the arrangement of the Law Library 
 yourself? A. Yes ; I do. 
 
 Q. The reports of the different States are placed together and the 
 names of the States are marked on the shelves? A. Yes. 
 
 Q. And when you would call for any report he would readily go 
 and get it? A. Yes; but there are man}'' of the State reports that 
 go by the names of the men who edit them, so that they are difficult 
 
143 
 
 to find by a man who is not familiar with them. That is also the 
 case with the English reports. 
 
 Q. As, for instance, the Ohio reports, they go by the names of a 
 number of different persons? A. Yes. 
 
 Q. But they are all arranged in the library under the name "Ohio?" 
 A. Yes. 
 
 Q. If a man knew that it was an Ohio report, he would simply go 
 and look at those reports? A. I will give you an instance: the 
 Yerg^r re[)orts are always put down simply as " Yerger," and a man 
 must know that it is a Tennessee report. 
 
 Q. He knew the fact that the Yerger reports were Tennessee 
 reports? A. Yes. 
 
 Q. And he could go to where the Tennessee reports were and 
 find them ? A. Yes. 
 
 Testimony of C. H. Dunn. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. Johnson — Your name is Chauncey H. Dunn? Answer — Yes. 
 
 Q. You are an attorney at law? A. Yes. 
 
 Q. You reside in the City of Sacramento? A. Yes. 
 
 Q. And have for some time? A. A little over a year. 
 
 Competency and Deportment of Librarian, 
 
 Q. Do you know Talbot H. Wallis, the State Librarian? A. Yes. 
 
 Q. Has your business been such as to bring you quite frequently 
 to the State Library during the past year? A. Well, for about eleven 
 months yearly every day except Sundays. 
 
 Q. You have seen Mr. Wallis during the times you have visited 
 here while in the discharge of his official duties? A. Nearly every 
 day. 
 
 Q. State to the Board as to his treatment of you and of other 
 peo[)le, as it came under your observation; whether it was courteous, 
 polite, affable, and gentlemanly, or the opposite? A. It always has 
 been so to me; he always has treated me as a gentleman; there 
 never has been anything in which he has not treated me as a gentle- 
 man. 
 
 Q. That same course of conduct extended, so far as you could see, 
 to other people? A. Yes, so far as I could see it extended to others; 
 I do not remember of his ever doing anything ungentlemanly to 
 any one. 
 
 Q. State whether or not he manifested a knowledge and acquaint- 
 ance with the books and the classification and arrangement in the 
 library? A. He has, so far as I have ever asked him for books. 
 
 Q. Most of your labors have been in the Law Library? A. They 
 have been there entirely. 
 
 Q. Do. a number of people visit the Law Library? A. Well, at 
 times, especially during the Legislature. 
 
 Q. Quite a number? A. A great many then. Other times, not so 
 
144 
 
 many. Probably, three, four, or half-a-dozen during the afternoon. 
 I have not been here during the forenoon except a very few times. 
 
 Cross-examination. 
 
 Mr. Hoi-L — Your visits to the library have been confined to the 
 Law Department? A. Well, there is where my work has been. I have 
 been in the general library, but it has simply been to step in as a vis- 
 itor and to look around, and sometimes I have gone there to speak 
 to an attendant of tlie library. 
 
 Q. When you speak of Mr. Wallis assisting you and being clever, 
 you mean that it was confined to the Law Library. That is where 
 you required the assistance of him? A. That is all that I have ever 
 asked for his assistance. I never got but one book from the general 
 library, or two, rather. I got them both at the same time. 
 
 Q. Can you give us any idea of what you mean when you say he 
 rendered you assistance? What did you ask of .him? A. In the 
 work that I have to do I have to gather a great many cases, and there 
 are an immense number of authors of law reports. I was not 
 familiar with them. I called on him sometimes to tell me where I 
 could get certain books, and he has frequently got them himself for me, 
 and sometimes he has told me where I could get them. Sometimes 
 he did one thing and sometimes the other. I was satisfied if he 
 would only tell me where I could get the books. 
 
 Q. If you wanted a certain book you named it to him, and he 
 would sometimes tell you where to get it and sometimes he would 
 get it himself? A. I did not name it to him, because they are abbre- 
 viated, as you know. 
 
 Q. You would give him the abbreviation? A. Yes; and I wouW 
 ask him what report it was, or what State perhaps, or if it was an 
 English report, or an Irish report, or a Canadian report, and where I 
 could find it. 
 
 Q. He seemed to understand the abbreviations that are used in 
 law books? A. Yes. 
 
 Q. And he could tell you what such reports were and where you 
 could find them in the library? A. Yes. 
 
 Q. In the miscellaneous library you got but two books? A. Yes, 
 but at the same time. 
 
 Q. You have no knowledge of what he knows of the miscellaneous 
 library? A. No. 
 
 Testimony of A. F. Goddard. 
 
 Called and sworn on behalf of the defense: 
 
 Mr. Johnson — Your name is A. F. Goddard? Answer — Yes. 
 
 Q. You reside in Sacramento City? A. Yes. 
 
 Q. And have resided here for a number of years ? A. Yes. 
 
145 
 
 Comjjetency and Deportment of Librarian. 
 
 Q. Do you know Mr. T. H. Wallis, the present State Librarian? 
 A. Quite well. 
 
 Q. And have for a number of years? A. Yes. 
 
 Q. You have paid considerable attention to astronomy and science 
 during the past number of years? A. Yes; to some extent. 
 
 Q. And you have written a large number of communications to 
 papers and magazines in relation thereto? A. Yes; from time to 
 time. 
 
 Q. Have your researches and endeavors to make yourself ac- 
 quainted with these subjects brought you frequently into the State 
 Library, and in contact with Mr. Wallis? A. At certain seasons. I 
 never could give much time to the Summer season, but I have 
 given as much as I could in the Autumn and Winter. I have been 
 here frequently. 
 
 Q. And at those times you have been brought into official rela- 
 tions, or business relations I mean, with Mr. Wallis, the State Libra- 
 rian? A. Yes. 
 
 Q. State to the Board as to Mr. Wallis'- treatment of you and other 
 people as it came under 3'our observation — whether it was polite, 
 courteous, obliging, and gentlemanly, or the opposite? A. With 
 uniform courtesy. I never found anything else. 
 
 Q. State as to whether or not he manifested a knowledge of the 
 books in the library, and of their arrangement and classification, and 
 whether he was of any assistance to you in finding books? A. Per- 
 fectly so. He never appeared to be at a loss in knowing where a 
 book was in any part of the library. At times I would want to con- 
 sult a number of books at the same time, principally in the philo- 
 sophical departments, and he knew where they could be found. 
 
 Cross-examination. 
 
 Mr. HoLL — What portion of the year were j'ou generally in the 
 library the most? A. Generally in the Winter and Spring time of 
 the year. One season I was away tlie whole Winter in San Francisco, 
 
 Q. Do you make the State Library the place where you study 
 astronomy, or investigate the science of astronomy? A. Not entirely 
 so; I come here principally for reference, and particularly to see the 
 nautical almanacs. 
 
 Q. In your investigations into the subject of astronomy what de- 
 mands for assistance did you make on Mr. Wallis? A. I might want 
 to know whether there were certain books in the library, and he 
 would tell me immediately. 
 
 Q. You would name the books? A. Yes. 
 
 Q. And you would tell him what books you wanted? A. Some- 
 times I would not be able to name the books exactly, but ho would 
 tell me, "I tliink you will find it in such a book." He would take 
 me to the compartment, and there perhaps I would find the book 
 that I wanted. 
 
 Q. Can you give us an instance in which you were aided in your 
 
 19 
 
146 
 
 investigation of astroiiomy by any information received from him? 
 A. I forget now whether it was Mr. Gunn 
 
 Q. When you refer to Mr. Gunn be careful and do not mix liim up 
 with Mr. Wallis. Do not confound those two gentlemen. A. Some- 
 times Mr. Gunn has gone up with me into the alcove, and sometimes 
 Mr. Wallis; but of course during the long period that Mr. Wallis was 
 assisting Mr. Cravens he was the chief deputj^, and subsequently I 
 did not see him so much. 
 
 Q. I want to know whether you are testifying in reference to what 
 information you received from Mr. Gunn, or what you received from 
 Mr. Wallis? I want you to state nothing about Mr. Gunn, but all 
 that you can remember of the information that you received from 
 Mr. Wallis? A. I do not remember anything but perfect courtesy. 
 
 Q. That is not the question that I am now inquiring about. Did 
 you ever talk on the subject of astronomy with Mr. Wallis. Did you 
 ever discuss that science with him? A. In relation more to geogra- 
 phy than anything else. 
 
 Q. Did you ever discuss the subject of geography with him? 
 
 Mr. Johnson objected, as irrelevant, immaterial, and incompetent, 
 and as not responsive to any of the issues involved in this case, and 
 as not cross-examination. 
 
 The Board overruled the objection. 
 
 Mr. HoLL — Did you ever discuss the subject of astronomy or geog- 
 raphy with Mr. Wallis, independent of inquiring for certain books? 
 A. I think perhaps tliere has been some discussion in regard to it. 
 I think I might explain in a few words. Last December Major 
 Bender and myself undertook an observation of the transit of Venus. 
 
 Q. in this building? A. In this building, and it led to some little 
 confusion, and brought up the question of the latitude and longitude 
 of Sacramento. 
 
 Mr. Edgerton— We do not care to hear this explanation. 
 
 Mr. Johnson — We desire to have him finish the explanation. 
 
 After some little discussion, the witness was permitted to finish 
 his explanation. 
 
 Mr. Johnson — Did Mr. Wallis assist you in ascertaining that lati- 
 tude and longitude? A. He assisted me to some extent in telling 
 me where I might probablj^ find something about it. He referred 
 me to the State Engineer, and there I found something. The point 
 was this: we wanted to ascertain what was the latitude and longi- 
 tude of Lick's Observatory to connect it with that of Sacramento. 
 We found in the Land Office a plot, but it was not sufficient, and then 
 we got it pretty well in the State Engineer's office, but not entirely, 
 and I made some computations from the data I got in the State 
 Engineer's office, and determined what must be the actual longitude 
 and latitude of this State Capitol, which had never been determined 
 before. I think I got it as nearly as possible, and I sent it to Wash- 
 ington. 
 
 Mr. HoLL — What assistance did Mr. Wallis give you in that mat- 
 ter? A. In that particular matter he referred me to the State Engi- 
 neer. 
 
 Q. Did he render j'ou any assistance in any other respect in that 
 
147 
 
 particular matter? A. In that particular matter I do not know as 
 there was anything more especially called for. 
 
 TestimOiVY of Mrs. Zimmerman — Recalled for the defense. 
 Opening and Detention of Letters. 
 
 Mr. Ball — Mrs. Zimmerman, in your testimony you spoke of a 
 conversation which happened on the cars that occurred between you 
 and Mr. Wallis, in which you spoke of his saying something in rela- 
 tion to a letter. I ask you now whether you meant to be understood 
 to say that Mr. Wallis intimated to you that he had opened any let- 
 ter? 
 
 Mr. HoLL objected, that the witness had been examined and cross- 
 examined on that subject fully. 
 
 The Board overruled the objection. 
 
 A. I will repeat the answer that he made to me. Mr. Wallis and 
 I were talking about this library matter, and I asked him if he did 
 not think it was a very foolish quarrel, and I scolded him somewhat 
 for this trouble. Then I asked this question: "What about this 
 letter that they accuse you of opening?" He said: "I will tell you. 
 There is a true inwardness in this matter, and it will all come out." 
 
 Mr. HoLL — Did not you repeat that yesterday? A. Yes, I did 
 repeat it, and I told the truth about it, and I will tell the same thing 
 about it to-night. 
 
 Mr. Ball — Did Mr. Wallis say that he had opened any letter? A. 
 He did not. 
 
 Q. Did he say anything that led you to believe that he had? A. 
 Am I allowed to say what I believe? 
 
 Mr. Edgerton — Did he say anything that led you to believe it? 
 A. I could tell you my thoughts. 
 
 Q. It is not what you now think about it — whether he did say that 
 he did? A. Am I to tell what my thoughts were then ? 
 
 Mr. Ball — Did Mr. Wallis say anything to you which led you to 
 the opinion that lie had opened that letter; did Mr. Wallis say an}^- 
 thing that led your mind to anj^ such conclusion? A. I have got to 
 say something that I believe. I believe that Mr. Wallis is a man of 
 such honor that he would not open a letter; that is my belief, and it 
 was my belief then, but I do not know anything about the law, and 
 I did not know that it was against the law to keep a letter that was 
 not your own and not deliver it. His language inferred to me that 
 he still had that letter in his possession, and never had delivered it, 
 and that is my belief about it, that he has got that letter still in his 
 possession. 
 
 Q. Got it yet? A. That is my opinion, that he has got it yet ; that 
 is my belief about it from the language he used to me. 
 
 Q. He did not use any language that led you to believe that he 
 had opened the letter? A. No, in my heart I do not believe it, nor 
 I never did. 
 
148 
 
 Cross-examination. 
 
 Mr. HoLL — Did he say anything that led your mind to the conclu- 
 sion that he had done anything with that letter except to let it lay 
 there undelivered? A. He led me to believe then that he had the 
 letter in his possession, and that he never had delivered it, and I 
 looked at him with all the eyes I had in my head, because I thought 
 he had it in his possession and never' had given it up, because he 
 possessed that power and acuteness of mind, and knew that there was 
 something in that letter from the size of it or something. 
 
 Mr. Edgerton — Psychology? A. Yes, psychology — tliat he knew 
 that there was something "hocus-pocus" in it, and I was such a fool 
 that I did not know it was against the law to do it. 
 
 Testimony of J. J. Owen — Recalled for the defense. 
 
 Mr. Johnson — You are now, and have been for the past five or six 
 years, the managing editor and general manager of the San Jose 
 Mercury? A. Yes. 
 
 Testimony of Talbot H. Wallis — Recalled for the defense. 
 Conspiracy against Librarian. 
 
 Mr. Johnson — What book is that ? A. A scrap book kept by 
 myself — a private scrap book. 
 
 Q. Is it paged ? A. Yes. 
 
 Q. What page are you looking at? A. Page 34. 
 
 Q. State if that page 34 contains any extracts from the .editorial 
 columns of the San Jose Daily Mercury, and if so, give the month 
 and the year of the publication of the editorial? A. There are four 
 here; I cannot exactly give the dates. 
 
 Q. There are four different extracts? A. No, there are three; one 
 of them is copied. 
 
 Q,. The one I want is this one; it is the one that is headed "An 
 Ugly Fight." State Avhether or not that is an extract from the edi- 
 torial columns of the San Jose Daily Mercury? A. Yes. 
 
 Q,. State, if you can, the month, whether it was in the month of 
 February or March, 1882, that that appeared? A. I cannot exactly 
 state. 
 
 Q. You can tell from the reading of it? A. Wait one moment and 
 I can tell. Tiiis article here that you have reference to was pub- 
 lished after the election of the Trustees by the Legislature. 
 
 Q. Then I have marked the wrong one. What page is that article 
 on that we were looking at? A. It is on page 38, ]\Iarch 4, 1883, 
 San Jose Mercury. 
 
149 
 
 Q. Do you know of your own#nowledge tliat that article appeared 
 in the San Jose Mercury? A. Yes. 
 
 Q. And that that slip was cut from the San Jose Mercury and 
 pasted in that book? A. Yes. 
 
 Mr. HoLL — Did you cut that out of the San Jose Mercury and paste 
 it in this book? A. I did. 
 
 Q. What book is this? A. My own private scrap book. 
 
 Q. Your own private scrap book ? A. Yes. 
 
 Q. Is it kept for any special object? A. Yes; there are quite a 
 number of my articles in it. 
 
 Q. A number of what? A. A number of my articles. 
 
 Mr. Johnson — We offer that article in evidence. 
 
 Mr. HoLL — We object, that it is irrelevant, that it does not prove or 
 disprove any of the issues here presented, and that it is not compe- 
 tent. ^^ 
 
 The objection was overruled. 
 
 The article was read as follows : 
 
 " THE STATE LIBRARY BOARD 
 
 " Will be about the only one left to the present management. It 
 will be difficult for the Democrats to find a good cause or reasonable 
 pretense for interfering with the library officers with the eulogistic 
 report of the Assembly Committee, headed by so sterling a Demo- 
 crat as Dr. Briceland, before them. This report states that the 
 library has never been in such excellent condition, and it devotes to 
 the Librarian and those in the library as employes a measure of 
 praise for capability, studiousness, faithfulness, and economy, which 
 has never been stated of any of their predecessors. Everything is 
 ill the most thorough order, and all in the institution give the utmost 
 care to making the library that which it has always been the pride 
 and the study of the State to make it. A more complimentary 
 report or a more deserved one has never been presented of any 
 officer in the State. And a prolonged visit to the library will satisfy 
 any impartial person that this high praise is fully sustained." 
 
 Mr. Johnson — Now, Mr. Wallis, is there any regulation as to the 
 hours during which the State Library is open? A. Yes. 
 
 Q. State the hours? A. From nine to four, when the Legislature 
 and the Supreme Court are not in session. 
 
 Q. Did you ever, at any time, or under any circumstances, or at 
 any place, open any letter or envelope addressed to Miss M. A. Pat- 
 ton? A. No. 
 
 Q. Did you ever, at any time, or at any place, or under any cir- 
 cumstances, intentionally detain or keep from Miss Patton any letter, 
 whether by mail or by Wells, Fargo & Co.? A. No. 
 
 Q. There has been testimony given here in relation to a certain 
 letter received through Wells, Fargo & Co.'s Express, directed to Miss 
 Patton, which Miss Patton claims was not delivered to her at the 
 proper time. Please explain your conduct in relation to that letter? 
 
 Mr. HoLL — I want to make this suggestion to the Board: Mr. AVal- 
 lis is now called by his counsel as a witness in this case. He was 
 
150 
 
 called by us last night, and we procqgded with a perfectly legitimate, 
 orderly, competent, and proper examination, as this Board unani- 
 mouslj' determined. He was our witness then. Mr. Wallis abso- 
 lutely and continuously, and all the time, refused to answer such 
 pertinent questions as this Board said he ought to answer. He is in 
 contempt, as much as any witness possibly could be of a tribunal 
 before whom he testifies. I submit to the Board whether this man 
 ought to be permitted to be heard now as a witness in this case. 
 When he was called as a witness he brought himself into contempt 
 of this Board, and stands unpurged of that contempt. I make this 
 suggestion because I deem it proper to submit it to tlie Board. * 
 
 Mr. Edgerton — I suppose that you would have the right to the 
 exclusion of this testimony, on the ground that the witness would 
 not be permitted to state one half of a case, and refuse to answer 
 proper questions as to the other portion. Do you object to the tes- 
 timony? 
 
 Mr. PIoLL — It strikes me that this is a matter that addresses itself 
 entirely to the Board. 
 
 Mr. Edgerton — We have held that the witness has no right to tes- 
 tify in his own behalf, having refused to testify upon such subjects 
 and in answer to such questions as the Board have ruled to be com- 
 petent. 
 
 After a lengthy argument, the question as to whether the witness 
 should be allow^ed to testify, was reserved for the action of the full 
 Board. 
 
 The Board then adjourned to meet at San Francisco at the call of 
 the President, upon notice to counsel on each side of five days. 
 
 » State Library, December 28, 1883. 
 
 Board called to order at half-past one o'clock p. m. bj' President A. 
 C. Freeman. Present, Freeman, Edgerton, and Johnson. 
 
 A. C. Hinkson Esq., appeared as counsel for T. H. Wallis, and 
 asked permission to take testimony in San Francisco relative to the 
 investigation of the charges preferred by Trustee J. J. Owen against 
 T. H. Wallis; said testimony to be taken by deposition before a 
 Notary Public; and asked further that the meeting of the Board at 
 San Francisco, provided for at the last meeting, be postponed. 
 
 Mr. Holl, who appeared for the prosecution, objected, because he 
 desired the Board to meet in San Francisco to take testimony. 
 
 After a general discussion, Mr. Hinkson acceded to a proposition 
 by Mr. Holl to take the testimony of San Francisco witnesses before 
 Mr. Johnson at that place; whereupon Mr. Edgerton introduced the 
 following order and moved its adoption : 
 
 "In the matter of the charges now pending against Mr. Wallis, 
 Librarian, on motion of Mr. Edgerton, all the parties interested being 
 present b}' their attorneys and consenting thereto, it is ordered that 
 the further taking of testimony in San Francisco be referred to Mr. 
 
151 
 
 Matt. F. Johnson, and that all of his rulings upon the admissibility 
 or exclusion of evidence upon the taking of such testimony shall be 
 final and conclusive upon both the parties to said charges. Bat 
 nothing in this order siiall be so construed as to preclude the Board 
 of Trustees from excluding and admitting any testimony wliich may 
 be hereafter offered by either of said parties." 
 
 The motion was carried, Messrs. Edgerton and Freeman voting in 
 the affirmative — Johnson not voting. 
 
 On motion of Mr. Johnson, Mr. Wallis was empowered to select a 
 suitable room. 
 
 TALBOT H. WALLIS, 
 
 Secretary. 
 
 The following additional testimony was taken at room No. 16 
 Grand Hotel, San Francisco, before Honorable Matt. F. Johnson, a 
 member of the Board of Trustees of the State Library, on Thursday, 
 January 3, 1884. At the taking of this testimony the prosecution 
 was represented by S. Solon Holl, and the defense by Add. C. Hink- 
 son and Honorable J. S. Wallis. 
 
 Testimony of F. R. Danforth. 
 
 Called and sworn on behalf of defense. 
 
 Mr, HiNKSON — Where do you reside? Answer — In San Francisco. 
 Q. What is your business? A. I am a shipping clerk with Hun- 
 tington, Hopkins & Co. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know T. H. Wallis, the State Librarian ? A. Very 
 well. 
 
 Q. How long have you known him? A. I have known him for 
 nearly four years now; since the time I came to Sacramento to reside. 
 
 Q. Please state the nature of your accjuaintance witli him while 
 you resided in Sacramento? A. While I was at Sacramento I had a 
 position in D. M. Burns' office, then Secretary of State, and I was one 
 ^of the recording clerks for two years and seven months, and then I 
 was bookkeeper for five months. At that time I had a great deal of 
 business to do with Mr. Wallis in the State Library ; in fact we had a 
 great mafTy letters written to us for information that we could not 
 give without the use of the State Library, and I always had to 
 go to Mr. Wallis to get such information as I needed. 
 
 Q. Why did you go to Mr. Wallis in person to transact these 
 matters? A. I went to the State Library and most always j\Ir. 
 AVallis waited on me in person, even before he was State Librarian. 
 I always found him very gentlemanly in every manner. 
 
 Q. Please state what his treatment of you was during your social 
 and official intercourse with him, in regard to his demeanor? 
 
 Mr. Holl objected to testimony relative to social intercourse. 
 
152 
 
 Mr. HiNKSON — Very well, strike out the "social" part. A. In his 
 official capacity? 
 
 Q. In regard to courtesy, etc.? A. It was all that I could wish. 
 He gave me all the information that I asked for, and in fact put 
 himself out at times more than I thought a man should. He was 
 always accommodating. 
 
 Q. What was his treatment of visitors to the library so far as your 
 observation goes? A. Very gentlemanly, so far as I know. In fact 
 I brought a great many visitors there myself, outside of business 
 relations. 
 
 Q. What, if you know, was the general reputation of his treatment 
 of visitors there? 
 
 Mr. HoLL objected as irrelevant, and that general reputation is not 
 a matter involved in this investigation. 
 
 Trustee Johnson — I will State tlrat anything that affects his deport- 
 ment, or his dignity in the conduct of his office, I think he has a 
 right to prove by general reputation. I shall admit this question, 
 because it goes to the question of his deportment, and that is some- 
 thing he has a right to rebut or defend against general reputation. 
 I suggest that you confine your examination to general reputation 
 as to dignity and deportment. 
 
 Mr. HiNKSON — What was his general reputation with, reference to 
 his dignity and deportment to visitors at the library? A. As far as 
 I know, it was good. 
 
 Mr. HoLL — In the first place, I think he should answer whether he 
 knows. 
 
 Mr. HiNKSON — Do you know what his reputation was with 
 reference to dignity apd deportment to visitors at the library ? A. 
 As far as I know. 
 
 Mr. HoLL — The question is whether you do know his reputation, 
 which is made up of the hearsay of a considerable portion of the 
 communit}'^ — of what they say about him — that is, reputation? A. I 
 never knew of anybody that was treated discourteously. 
 
 Mr. HiNKSON — Do you know what his reputation was? Answer 
 yes or no to that question. A. Will I answer it as far as I know 
 personally? 
 
 Q. No; answer whether you know it or not? A. I can only answer 
 what I know myself, and not what I have heard from the outside. 
 
 Q. I am not asking as to what you know yourself. I ask you, do 
 you know his general reputation among people outside as to dignity 
 and deportment to visitors, from what they have said and^not from 
 what you have seen yourself. Do you know his reputation? A. Yes; 
 I think I do. 
 
 Q. State what that reputation is and has been with reference to 
 dignity and deportment to visitors at the library? A. As far as I 
 know 
 
 Q. From his reputation, what is it; not in reference to what you 
 know personally, but from what you have heard? A. It has been 
 very gentlemanly and courteous to every one. 
 
 Q. Have you had facilities for knowing his familiarity with and 
 
153 
 
 capacity for managinp: that library? A. Only from my business con- 
 nection witli him. That is all I know about it. 
 
 Q. In reference to tiiat what do you know of his qualifications? 
 A. His qualifications, as far as I had any business connection with 
 him, were all that any one could ask for. 
 
 Q. How often did you visit the library? How often were you there 
 at the office of the State Librarian? A. I was in the Secretary of 
 State's office for about three years. 
 
 Q. How often did you visit the office of the State Librarian during 
 that time in connection with business matters? A. Well, I suppose 
 I visited it four days out of every week. 
 
 Q. During that period? A. Yes; and sometimes two or three times 
 a day. 
 
 Q. Your opportunities were then ample for knowing? A. Yes. 
 
 Q. As to his capacity? A. Yes. 
 
 Q. I will ask you whether or not you went there for the purpose of 
 making inquiries in regard to matters pertaining to the library? A. 
 Yes; a great many times. 
 
 Q. State what efficiency Mr. Wallis displayed, if any, in connection 
 with those matters? A. Well, he always supplied me with all the 
 information I wished before I left there. 
 
 Q. What was the nature of your inquiries generally? A. In regard 
 to the laws of the State, and lots of things. 
 
 Q. Many different things? A. Yes; many different things in con- 
 nection with the State that I expected to find in the State Library. 
 I cannot tell now all the things that I went there to inquire about. 
 
 G'oss-examinat ion. 
 
 Mr. HoLL — Mr. Danforth, did you ever hear the subject-matter of 
 Mr. Wallis' deportment in the library' discussed? Did you ever talk 
 with anybody as to whether his deportment was good or bad, proper 
 or improper? A. No; I do not think I did. 
 
 Q. You never heard anybody say anything about it? A. Yes; I 
 have heard some people talk about it. 
 
 Q. How frequently have you discussed that matter with anybody? 
 A. I have not discussed it. 
 
 Q. How did you come to hear it? A. I heard people talk on the 
 outside. 
 
 Q. Whom? A. I do not know. I do not remember any particular 
 one. 
 
 Q. Can you name anybody that you ever heard speak about it? 
 A. No ; I do not know as I can. 
 
 Q. You cannot name a single person ? A. No. 
 
 Q. What was the occasion that they had to talk of his deportment 
 at all? A. Well, of course I do not remember. I think it was the 
 time that Mr. Wallis was making his fight for State Librarian. 
 
 Q. You think at that time you heard people talk about it ? A. 
 Yes. 
 
 Q. That could not have been about his deportment in the library? 
 A. No ; I do not mean in the library. 
 
 20 
 
154 
 
 Q. Did you ever hear anybody say anything about his deportment 
 in the library as the Librarian? A. No. 
 
 Q. You never did hear it? A. No. 
 
 Q. Then on that subject you do not mean to testify? A. No; I do 
 not. 
 
 Q. You do not mean to say that you know anything of what other 
 people have said about his conduct and his deportment as Librarian 
 since he has been Librarian ? A. No. 
 
 Q. What department of the Secretary of State's office did you ad- 
 minister? A. I was one of the recording clerks. I was what you 
 might call a "general clerk." I acted at a great many desks when 
 other clerks were away. 
 
 Q. What business took you to the library frequently? A. Well, a 
 great many letters were received at the Secretary of State's office in 
 regard to some matters, and asking for information that we could not 
 give, and the Secretary of State would say, "Mr. Danforth, you will 
 take this to the library and see about it." They were about laws 
 and a great many things. 
 
 Q. Give us some illustration of the information that you sought 
 and obtained there? Give us some instance? A. Well, at times, in 
 regard to some laws, some old laws or some resolutions that had been 
 passed by the Legislature a great manj^ years ago; maybe I could 
 not find the information I wished in the office, and I would go to the 
 library and hunt over the files, or I would ask Mr. Wallis if he knew 
 anything about it, or if he could find out anything about it in look- 
 ing over the Journals. 
 
 Q. That is one instance; give us another? A. I do not know that 
 I can give you any particular cases; maybe there would be some- 
 thing tiiat I would want to find in regard to election returns that had 
 been published in the Sacramento Record-Union, the files of which 
 are always kept in the library, and I would go there and would 
 always find Mr. Wallis willing to look up the files for me, or any- 
 thing like that. 
 
 Q. That is about the extent of the general business that you had 
 there? A. Yes; something like that, of course. 
 
 Q. Did you ever sit down and discuss the subject of general litera- 
 ture with Mr. Wallis? A. No, I never did. 
 
 Q. When did you ever discuss with him literary matters in any way 
 or matters pertaining to the library, except such as you have stated 
 that took you there from the Secretary of State's office? A. Well, I 
 really do not know ; I do not think I did. I went there on a certain 
 business, and found out what I wanted and left. 
 
 Q. In your inquiries there j^ou found Mr. Wallis ready and willing 
 to assist you ? A. Yes. 
 
 Q. He was accommodating to you in that way ? A. Very accom- 
 modating. 
 
 Q. That is the extent of what you know of Mr. Wallis in the 
 library ; that he was willing and ready to show you what you wanted, 
 and to help you in your search for the matters you sought for? A. 
 Yes. 
 
 Mr. HiNKSoN — The attorney has made you testify that that was 
 
155 
 
 the extent of your knowledge. I will ask you if, from these matters, 
 you have any knowledge of Mr. AV'allis' efticiency as a Librarian? 
 A. I can only tell you from what I know. 
 
 Q. From what you have seen? A. Pie filled the bill as far as I 
 know, in every particuhir. 
 
 Q. You do claim to nave some knowledge of his efficiency? A. 
 Yes. . 
 
 Mr. HoLL — The efficiency you speak of was in that department of 
 which you have spoken ; outside of that you do not know anything 
 about his efficiency outside of the matters that took you to the 
 library? A. No ; I had no reason to inciuire outside. 
 
 Testimony of L. W. Buck. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — What official position do you now occupy? An- 
 swer — State Senator. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. "Wallis, the State Librarian? A. I do. I 
 have known him for a year or more. 
 
 Q. Have you had any business transactions with him in your 
 official capacity? A. Well, nothing more than to go in the office to 
 look up points I wished to examine. 
 
 Q. What, if any, assistance did he render you ? A. I often went in , 
 there, or at least quite a number of times, to find records of previous 
 Legislatures, and laws and decisions on certain points, and he always 
 gave me all the assistance that I asked for. 
 
 Q. State whether or not he seemed ready in those matters, and 
 efficient? A. Always ready. 
 
 Q. And competent to give you the information that you sought? 
 A. He seemed to be. Yes. 
 
 Q. What was his deportment towards you, and other persons in 
 your presence? A. Always gentlemanly with me. 
 
 Cross-examination. 
 
 Mr. HoLL — You are a Senator from Solano County ? A. Yes. 
 
 Q. AVas this during the last session of the Legislature ? A. Yes. 
 
 Q. How long was you there? A. I was there from the first of 
 January. 
 
 Q. For sixtj' days? A. Yes; sixty days. I was there a little more 
 than that. 
 
 Q. During that time about how many times do you think you were 
 in the library when you called on the Librarian to assist you? A. 
 Well, that would be a hard matter to tell. Very likeb' a dozen times, 
 and perhaps twenty. I do not know. 
 
 Q. Can you ^ve us any instance that you called on him, and what 
 
156 
 
 information you sought, and how it was obtained for you ? A. Wei], 
 there was a contest in the Senate, and I of course was interested in it. 
 
 Q. You mean as to the library ? A. No ; not at all ; but in my 
 own case. 
 
 Q. A contest for a seat? A. Yes; in the State Senate, in our 
 county. Of course there were certain things that I and my attorney 
 were looking up in the State Library, from the records of different 
 contests in the preceding Senates, and also questions of law touching 
 those points, and of course we were in there quite a number of times — 
 I cannot give the number — and when we asked Mr. Wallis he always 
 assisted us, and told us where we could find what we wanted, and I 
 believe we generally found it. 
 
 Q. You mean so far as the books were concerned? A. Yes. 
 
 Q. He could tell you where to find the books? A. Yes. 
 
 Q. You then had occasion to search the Journals of the Senate? 
 A. Yes. 
 
 Q. Of former sessions ? A. Yes. 
 
 Q. It was that kind of books, the Journals of the Senate, that you 
 wanted? A. No. We required the decisions of Courts of different 
 States regarding election contests, and had more to do with the legal 
 department than with the records. 
 
 Q. In your investigations of other States, and as to what other 
 Courts had decided in previous contests, what assistance did Mr. 
 Wallis render you outside of furnishing you with the books that you 
 called for? A. I do not know of any. I did not ask him for any 
 more. 
 
 Mr. J. S. Wallis — He showed a ready knowledge of the various 
 
 ► subjects that you went there to ask him in relation to? A. Well, 
 
 anything further than simply the places to find them, and where we 
 
 would find them, I do not know that we ever had any occasion to 
 
 judge of his ability on the general points of law. 
 
 Q. He was prompt in showing you where you could find the au- 
 thorities or such books as you wanted? A. Yes. 
 
 Mr. HoLL — He could furnish you the volumes you called for? A. 
 We did not go to him as counsel in the case. I, of course, know 
 nothing of Mr. Wallis except what I have known of him for the last 
 year. 
 
 Q. He was ready to furnish you with anything you called for? 
 A. Yes. 
 
 Q. He did not furnish you with anything that you did not call for 
 by way of assisting you in your fight? A. No; we did not ask that 
 of him. 
 
 Testimony of Thos. F. O'Connor. 
 
 Called and sworn on behalf of the defense. 
 Mr. HiNKSON — Where do you reside? Answer — In this city. 
 Q. What is your business? A. I am Secretary and Librarian for 
 the Supreme Court. ' • 
 
157 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. Wallis, the State Librarian? A. Yes. 
 
 Q. How long have you known liim? A. I think since 1871, when 
 I first went to the Supreme Court. 
 
 Q. Have you had any business transactions with him? A. Not 
 except as connected with the othce officially. 
 
 Q. That is what I mean? A. Yes. 
 
 Q. State in what connection you have had business relations with 
 him? A. Well, not much more than to get books, etc., from the 
 library for the Judges. That is about all. 
 
 Q. Extending over a period of what length of time have you had 
 those business relations with him? A. Well, I think I was there a 
 little while -before Mr. Wallis first came there; that is, before he was 
 Librarian, I mean. I have been there since 1871. 
 
 Q. You have known him then in an official way for the last twelve 
 years, during the time he has been there.? A-. Yes. 
 
 Q. Has your business intercourse been frequent with him during 
 that period? A. Yes, rather. 
 
 Q. Just tell the nature of your business with him; how you came 
 to have business with him and for what purpose, and the general 
 details as near as you can? A. As I suggest, that was about all; I 
 would go up, for instance, and request a book of him, or once in 
 awhile I would ask him if he had anything on certain points. Some- 
 times the Judges would ask me to go to the library and hunt up 
 something, a digest of something, and he would sometimes help me, 
 and furnish the books. That is about all. 
 
 Q. Did you ever give the Librarian any points of law upon which 
 you asked him to furnish you authorities? A. Well, not very often, 
 but I have done so. 
 
 Q. State if he rendered you service in that particular ? A. I would 
 go up in this way, and say, "Wallis, see if you can find anything on 
 this point." 
 
 Q. State what he did in answer to your recjuest? A. Well, some- 
 times he would bring down a decision, and then again he would say 
 that he could not find it. 
 
 Q. And was this on some point that you asked about? A. Yes. 
 
 Q. Did you ever ask him to make any selection of miscellaneous 
 books of any kind for the Judges of the Supreme Court? A. Yes; 
 they have frequently sent me up to get books. Tliey would say to 
 have Mr. Wallis pick them out some books. 
 
 Q: Miscellaneous books ? A. Yes. 
 
 Q. Did he make those selections for you at different times? A. 
 Yes. 
 
 Q. State whether or not the Judges ever expressed any opinion as 
 to the selections made by Mr. Wallis. 
 
 Mr. HoLL objected as hearsay. 
 
 The objection was sustained, and counsel for defendant excepted. 
 
 Mr. HiNKsoN — What, during your frequent visits to the library, 
 was Mr. Wallis' conduct with reference to dignity and deportment 
 
158 
 
 towards yourself and other persons in the library? A. I never saw 
 anything objectionable myself; I always found him everything that 
 I could wish. 
 
 Cross-examination. 
 
 Mr. HoLL — Mr. O'Connor, did I understand you correctly in saying 
 that the Judges of the Supreme Court would send you to Mr. Wallis 
 to select miscellaneous literature for them to read during their 
 leisure moments? A. Yes. 
 
 Q. Who sent you for that purpose ? A. Judge McKinstry was one, 
 for instance. 
 
 Q. Who else? A. Judge Crockett used to. 
 
 Q. Judge Crockett ? A. Yes; I think so. 
 
 Q. Can you remember in any instance when these selections were 
 made, what the literature that the Librarian selected for the Judges 
 was? A. I know that Judge McKinstry had a taste for biographies 
 and novels; late novels he would call for. 
 
 Q. Do I understand that to have been a request for you to go up 
 and get something that Mr. Wallis would think would be suitable 
 for him to read, or something that Mr. Wallis would consider was 
 suitable to amuse him ? A. I will answer it in this way : He would 
 say, "Tom, go up and tell Wallis to pick out some books for me to 
 read." That is when we would be up at Sacramento, for instance; 
 that would be about the idea, and Mr. Wallis would bring them 
 down himself. 
 
 Q. He would bring him down what ? A. Novels and histories. 
 
 Q. What kind of novels did he supply the Judges with ? A. 
 Novels. 
 
 Q. What kind — what authors? A. I do not know. I did not wait 
 for him to select them. I did not see the books at all. I would just 
 go up. 
 
 Q. You do not know whether he selected English or American 
 authors for the Judges to read? A. In fact, I know some of them 
 were English, but about all I would see of them would be to see them 
 lying on their desks afterwards. 
 
 Q. Did you ever see the Judges reading any of those books? A. 
 Yes. 
 
 q' They did read them? A. Yes. 
 
 Q. Judge Crockett and Judge McKinstry did that? A. Yes; Judge 
 Crockett was more on these bric-a-brac works. He was not as heavy 
 as Judge McKinstry. 
 
 Q. He did not read as lieav^' matter as Judge McKinstry? A. No; 
 he was a little blind. 
 
 Q. Your business was to go up there and get books sometimes? 
 A. Yes. 
 
 Q. You are the Librarian of the Supreme Court? A. Yes. 
 
 Q. The Supreme Court Librar.y is nearly as large as the State Law 
 Library? A. Well, the.v have some foreign books, but we have all 
 the American and English books. It is very nearly as large. 
 
 Q. And sometimes when there were works that were not in your 
 library you would go up and see if they were in the State Library? 
 A. Yes. 
 
159 
 
 Q. And you would ask Mr. Wallis for tliem? A. Yes. 
 
 Q. And he would furnish what he had? A. Yes. 
 
 Q,. That is about the extent of your dealings with Mr. Wallis? A. 
 As I said, they would say, "go up and see if you can find a decision 
 on this i)oint." 
 
 Q. You would go through the digests? A. Yes. 
 
 Q. And sometimes Mr. Wallis would assist you? A. Yes. 
 
 Q. Sometimes he would himself go through the digests? A. Yes. 
 
 Q. And sometimes he would find something? A. Yes. 
 
 Mr. HiNKSON — You answered that you are now Librarian of the 
 Supreme Court. You have some knowledge of the qualifications of 
 a Librarian in a department of that kind? A. I suppose so. Yes. 
 
 Q. State what in your judgment are Mr. Wallis' qualifications as a 
 Librarian? 
 
 Objected to. 
 
 Q. From ypur experience as a Librarian, and your intercourse with 
 Mr. Wallis as Librarian of the State Library, and from your obser- 
 vation, what is your opinion of him as to his qualifications ? 
 
 Mr. HoLL objected, that it is calling for the opinion of the witness. 
 The Trustees must derive their own opinion. 
 
 Trustee Johnson — The opinion of Mr. O'Connor is not competent; 
 but any fact that he knows in relation to it, is competent. 
 
 Mr. HiNKSON excepted. 
 
 Testimony of H. C. Finkler. 
 
 Called and sworn in behalf of the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — In San Francisco. 
 Q. What is your business? A. Bailiff of the Supreme Court. 
 Q. How long have you occupied that position ? A. Since April, 
 1878. 
 
 Competency and Deportment of Librarian. 
 
 Q. Have you known Mr. Wallis during that period ? A. Yes. 
 
 Q. What has been the extent of your acquaintance and relations 
 with him during that time? A. Favorable; always agreeable and 
 favorable. 
 
 Q. What has been the extent of your acquaintance with him, and 
 your business relations, if any. Have you been in the library 
 frequently or otherwise? A. When the Court was in session at Sac- 
 ramento I had occasion to see him every day. 
 
 Q. Where? A. In the library. 
 
 Q. What called you there to the library? A. At the request of the 
 Judges, or of diff'erent lawyers, on looking after books. 
 
 Q. You went there to get books for the Judges and attorneys? A. 
 Yes. 
 
 Q. To whom did you make application for books usually ? A. To 
 Mr. Wallis. 
 
 Q. Did he furnish you with the books desired? A. Yes. 
 
160 
 
 Q. State with what alacrity he found the books that you required? 
 A. I do not know. He would find them. 
 
 Q. Did he find tliem readily ? A. Yes; readily. 
 
 Q. What was the character of the books that you called on him 
 for usually? A. Most of them were law books; sometimes for the 
 Judges there would be some literary or miscellaneous books. 
 
 Q. Did Mr. Wallis ever make any selection of miscellaneousfcbooks 
 for the Judges? A. Yes; whenever I asked for miscellaneous books 
 for the Judges, it was always at his judgment that I got them. 
 
 Q,. According to his judgment? Yes. 
 
 Q. Did you ever ask him to make a selection at the request of 
 the Judges ? A. Yes. 
 
 Q. How often did that occur? A. It always occurred whenever I 
 went there. 
 
 Q. About how many times ; a dozen or oftener, or less ? A. There 
 are two sessions a year at Sacramento, and it was every time I went 
 there ; sometimes I went there once for one Judge, and sometimes 
 twice for one Judge. 
 
 Q. Did they ever express any dissatisfaction at the selections made ? 
 A. No ; they were always satisfactory. 
 
 Q. State what Mr. Wallis' conduct was with reference to his dignity 
 and deportment towards yourself and other visitors? A. So far as I 
 could see, always the best that could be expected. 
 
 Q. Was he courteous and accommodating? A. Courteous, accom- 
 modating, and gentlemanly. 
 
 Q. Did you ever see anything to the contrary in his actions? A. 
 No, I never did. 
 
 Cross-examiiiation. 
 
 Mr. HoLL — How long have you occupied the position of Bailiff of 
 the Supreme Court? A. Since April, 1878. 
 
 Q. During that time the Court has held but two sessions a year at 
 Sacramento ? A. Yes. 
 
 Q. Of about from two weeks to three weeks at a time? A. About 
 that ; yes. We were there three weeks once. 
 
 Q. The principal business as Bailiff of the Court that you haye 
 had with the State Library has been to go there and get such books 
 as were called for, either by the Judges or by attorneys in Court? A. 
 Yes. 
 
 Q. They would make out a list of the books they wanted, and you 
 would take that list and go to Mr. Wallis and get the books. Is not 
 that so ? A. Sometimes there was an exception to that, and they 
 would tell me to ask the Librarian for all the books on that subject, 
 or the principal works on that subject. 
 
 Q. For instance, they would tell you to tell the Librarian to send all 
 the books on the subject of promissory notes, or any other subject of 
 the law? A. Yes. 
 
 Q. It would be in that way ? A. Yes. 
 
 Q. They would name the subject and you would tell him to send 
 all the books in the library on that subject ? A. Yes. 
 
 Q. Which of the Judges resorted to Mr. Wallis as tlie person to 
 
161 
 
 select their miscellaneous literature? A. Judge Ross and Judge 
 McKinstry — that is all that I remember now. 
 
 Q. -What kind of literature would he select for the Judges? What 
 sort of books did he select for them? A. For Judge McKinstry he 
 selected biographical works and late novels. 
 
 Q. What biograi)hies did he furnish Judge McKinstry with? A. I 
 never looked at them. 
 
 Q. You never read them? A. No; I saw the books open there in 
 his room during his leisure hours, and I saw that he had been read- 
 ing them. 
 
 Q. And Judge Ross — what did he have? A. Sometimes late novels. 
 
 Q. He runs to reading novels? A. I do not know. 
 
 Q. Now, you said that these books were always satisfactory; tell us 
 how you know that — that the selections of Mr. Wallis always proved 
 acceptable? A. I presumed so from the fact that they did not send 
 them back and tell me to get something else. 
 
 Q. You presumed so because you never heard them say anything 
 about it? A. No. 
 
 Q. You never heard them say anything about Wallis' selections 
 being good or bad, or being well selected or illy selected, and you 
 simply presumed so because they did not send them back? A. They 
 never expressed any opinion to me. 
 
 Testimony of George C. Perkins. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — You reside in this city? Answer — My place of 
 business is here; I reside in Oakland. 
 Q. You were formerly Governor of this State? A. Yes. 
 Q. During what period? A. From 1880 until January', 1883. 
 
 Competency and DejJortment of Librarian. 
 
 Q. Did you know Mr. Wallis during your administration as the 
 executive officer of this State? A. I think, during that time, he was 
 Assistant Librarian and also State Librarian. 
 
 Q. Did you have business with him during that period in his offi- 
 cial capacity? A. I frequently procured books from the librarj^ and 
 often visited the library. 
 
 Q. State what you know of his efficiency and qualifications for 
 that position? A. Well, I know nothing of his special C|ualifications, 
 only that he had been there for a great many years, and I assumed 
 that he had a knowledge of authors and of books. 
 
 Q. Have you ever made any inquiries in regard to books, and have 
 you called for books, so as to give you an opportunity for forming 
 any idea as to his ciualifications? A. Any information that I desired 
 from the library, or an}' books, he was alwa^'s ver}' courteous to me 
 and furnished them, and he had a knowledge of their places appar- 
 ently. 
 
 21 
 
162 
 
 Q. I will ask you whether or not 3^011 have not frequently taken 
 visitors to the librarj^ during your term of office? A. Yes. 
 
 Q. What was the treatment of Mr. Wallis toward yourself and 
 other visitors? What was his conduct with reference to dignity and 
 courtesy to yourself and the visitors whom you took there? A. I 
 frequently had occasion to visit the library and introduce visitors, 
 and there were times when Mr. Wallis was present and times when 
 either Mr. Gunn or some other assistant was i^resent, and I always 
 received every courtesj' from Mr. Wallis or his assistants in the 
 library. 
 
 Q. You can say the same in reference to visitors? A. Yes; those 
 that accompanied me, certainly. 
 
 Q. Did you hear any complaint from anj' of the visitors? A. I do 
 not remember of ever hearing any from the visitors. I do not remem- 
 ber of having heard any. 
 
 Cross-examination. 
 
 Mr. HoLL — Did you ever hear the subject-matter of his general 
 capacit\^ as a Librarian spoken of? A. Yes. 
 
 Q,. I understood you to say that when you inquired for books such 
 as you desired to take from the library, or to consult, that Mr. Wallis 
 knew where they were to be found? A. Yes; I have no complaint 
 personally to make of Mr. Wallis — he was always willing to procure 
 them for me. 
 
 Q. What you referred to was that he knew their places in the 
 library, and that he could go to a certain part of the library and there 
 find the books that you called for? A. Yes. 
 
 Q. That is what 3^ou mean to saj^? A. Yes. 
 
 Q. You never had occasion to consult him about any general mat- 
 ters of literature? A. I think not, unless it was on one or two occa- 
 sions that I asked him if he could give me authorities on matters of 
 penology, and anotlier time on agriculture, and he referred me to a 
 number of books, and to books in the library treating on those sub- 
 jects. 
 
 Q. That is about the extent of your knowledge in reference to the 
 capacity of Mr. Wallis? A. Yes.' 
 
 Mr. HiNKSOX — Do you remember of ever consulting him in refer- 
 ence to authorities as to the pardoning power of the Governor? A. I 
 think it is verj^ probable. Mr. Wallis frec^uently came into the 
 office, and I think it is very probable, although it has now escaped 
 my mind. It is very probable that I did. 
 
 Q,. I will ask you if you remember of his furnishing you Hamil- 
 ton's Federalist? A. Yes. 
 
 Q. Do you remember how he came to furnish it to you? A. I do 
 not. It has escaped my mind for the moment. He has on several 
 occasions furnished me books that I asked for. 
 
 Q. He furnished 3'ou books on matters that you desired to investi- 
 gate? A. Yes. 
 
 Mr. HoLL — You are ^'ourself acquainted with the contents of the 
 Federalist? A. If I should answer in the affirmative it would be 
 
163 
 
 assuming: a grccat deal. I have read it, of course, and we all know 
 more or less of it, but to saj^ that I am familiar with all of its con- 
 tents, or with every sentence or everv i)arae;raph, I would not say 
 that. 
 
 Q. You know the subjects that are there treated on by the found- 
 ers of our Government? A. Yes. 
 
 Q. You are familiar with the general subjects upon which it treats? 
 A. Yes; I have it in my private library. 
 
 Mr. J. S. Wallis — At the time that you consulted w'ith the Libra- 
 rian on those two subjects, did he speak of or refer to any authors 
 upon those questions — agriculture and penology? A. I think there 
 might have been other questions. Mr. Hart was in my office, and 
 generally when I would want a book, I would ask Mr. Hart to get it, 
 and then I would give a memorandum to Mr. Wallis or his assistant 
 of the books that I required, and he would give them to me. 
 
 Q. He showed a knowledge of those books being in the library,and 
 where they were? A. Yes; of course, I knew Mr. Wallis years ago, 
 when he was the assistant in the library. He was always very kind 
 and courteous to me. 
 
 Mr. HiNKSON — I will ask you. Governor, if you remember of hav- 
 ing discussed or expressed an opinion in reference to the pardoning 
 power to Mr. Wallis, and whether he did not, in support of that 
 opinion, produce to you the Federalist, which upon examination you 
 found conformed to your views, and confirmed them on that ques- 
 tion? 
 
 Mr. T. H. Walli* — I came into the office one morning, and you 
 said: "Mr. Wallis, we have a discussion here, and they are all 
 against me." You stated the proposition, and I said: "I think you 
 are right, and I think that can be found in Hamilton's Federalist;" 
 and I went up and got it and read it to you. I forget exactly what it 
 was. 
 
 A. It was a daily custom of mine, that if Judge Holl or Mr. Hink- 
 son, or any one else, came into my office, and if there was any ques- 
 tion under discussion, I always liked to have the opinion of others; 
 and I might have asked Mr. Wallis fifty questions, but at this time 
 they have escaped my mind. Whether "the opinion he gave guided 
 me in any conclusion that I came to, would be difficult to say, because 
 I w^anted to hear all that I could on any subject; and frequentlj^ I 
 have asked the opinion of gentlemen on various subjects. I never 
 pretended to know very much myself, and therefore what I gathered 
 from others I felt that I had gained that much. I have no doubt 
 that I have asked Mr. Wallis a great many different questions, and 
 he was always very courteous in giving me what information he could. 
 
 Mr. Holl — You have known Mr. Wallis in the library for a con- 
 siderable length of time — for ten or twelve years? A. Yes. 
 
 Q. During that time have you learned anything about Mr. Wallis' 
 general knowledge of the library? A. Of course, it would be hardly 
 fair for me 
 
 Q. From your discussions or conversations with him in reference 
 to literary works or matters of science or general information or 
 learning? A. Of course, Mr. Hart, as you are aware, w^as a rival can- 
 
164 
 
 didate for the position. He was in my office, and of course hearsay 
 testimony would be hardly fair for me to give. 
 
 Q. I am not trying now to seek to get your opinion founded on the 
 hearsay of other people. A. In my conversations with Mr. Wallis on 
 all subjects I found him very intelligent and very bright. That is 
 my own judgment. I cannot help but say, that on very many subjects 
 he had much better information than I had, and I therefore asked 
 him his opinion about those matters. Of course, if I am to answer 
 on hearsa}^ testimony of others whether he is competent 
 
 Q. Can you recall to your mind that you discussed any subject 
 where you can give us an example of any information that he pos- 
 sessed? A. I cannot at this time. 
 
 Q. Have you talked with him on any scientific subjects? A. I 
 'have talked with him on some historical matters, and he has given 
 me his opinion upon them, but I at the time was not sufficient histo- 
 rian to know whether he was correct, and to verify it. 
 
 Testimony of Timothy McCarthy. 
 
 • Called and sworn for the defendant. 
 
 Mr. HiNKsoN — You reside in this city? Answer — Yes. 
 
 Q. You are at present a State Senator from San Francisco? A. 
 Yes. 
 
 Q. How many terms have you served in the Senate? A. I have 
 been there three sessions — 1875-6, 1877-8, and the last session. 
 
 Competency and Deportment of Librarian. 
 
 Q. Have you known Mr. Wallis during that period? A. Yes. 
 
 Q. What has been the extent of your acquaintance wuth him? A. 
 Well, I introduced a great many bills in the Legislature, and I had 
 to seek information in drafting those bills, and I had to get authori- 
 ties, and I applied to Mr. Wallis, and he has supplied me Avith the 
 authorities and the information. That is about all. 
 
 Q. How did you find him in reference to his competency to furnish 
 you the information? A. He was always very prompt. I would 
 sometimes send from my seat and get him to furnish me with infor- 
 mation, and he would bring it to me. 
 
 Q. You named the subjects and he furnished you the authorities? 
 A. Yes. 
 
 Q. And he furnished them readily? A. Yes; he always responded 
 promptly, and I found him always willing and ready to come in and 
 attend to us when we could not go to the library. I speak for myself 
 now. 
 
 Q. You visited the librarj^ very frequently? A. Yes; and I have 
 taken ladies there. 
 
 Q. What was Mr. Wallis' conduct with reference to dignity' and 
 deportment towards yourself and other visitors there? A. Always 
 
165 
 
 dignified — as much so as anybody that I ever met with in any position 
 of that kind — and courteous. 
 No cross-examination. 
 
 Testimony of W. H. Sears. 
 
 Called and sworn on behalf of defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — At San Rafael, in 
 this State. 
 
 Q. You are an attorney at law by profession? A. Yes. 
 
 Q. Your place of business is in this city? A. At 306 Pine Street. 
 
 Q. You were one of the State Senators from your county during 
 what sessions of the Legislature? A. 1880 and 1881. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. Wallis, the State Librarian? A. Yes, I do. 
 
 Q. How long have you known liira? A. I have known him five 
 or six years, and perhaps longer. 
 
 Q. State whether or not you visited the library frequently during 
 the session of -the Legislature when you were a member? A. Yes; 
 while I was a member of the Senate I was there very often. 
 
 Q. Were you present during the session of the last Legislature, 
 and during the Constitutional Convention also? A. I was present 
 during a portion of the last session as the attorney for the officers of 
 the State Prison. 
 
 Q. Did you visit the library frequently during that time? A. 
 Yes; quite often. 
 
 Q. Have your visits there been frequent at other times during the 
 past ten years? A. Well, I have occasionally been at Sacramento, 
 and I have had occasion to visit the library. 
 
 Q. Have you had opportunities to form an opinion as to the quali- 
 fications of Mr. Wallis for that position ? A. I think so. 
 
 Q. State what those opportunities have been? A. Well, I always 
 found Mr. Wallis a very courteous, efficient, and competent person 
 as Librarian. 
 
 Q. Llave you ever visited the library in company with friends and 
 other visitors? A. Yes, frequently. 
 
 Q. What was Mr. Wallis' conduct with reference to dignity and 
 courtesy to yourself and other visitors on tliose occasions? A. It 
 was always very good. Mr. Wallis was Deputy Librarian, I think, the 
 first session of 1880. 
 
 Q. I will ask you if you ever sought any information from Mr. 
 Wallis in reference to any matters on which you desired autiiorities? 
 A. Yes, frequently. 
 
 Q. What was the result of your request? A. In fact, most always ^ 
 when I wanted any authorities from the library I would ask Mr. 
 Wallis for them. I found him very efficient, and he would immedi- 
 ately lay his hands upon them and supply me with anything out of 
 
166 
 
 the Law Library that I needed. The miscellaneous library I did 
 not use much. 
 
 Q. I will ask you whether or not you ever sought matters upon 
 wdiich you wanted authorities without naming them, where he has 
 furnished them to you ? A. Yes, frequently. I would say to him 
 that I wanted authorities on a certain subject, and he would always 
 supply them in a very short time. 
 
 Mr. J. S. Wallis — Have you, during the period that you speak of, 
 visited the library out of its usual office hours for tlie purpose of 
 obtaining information from the library ? A. Yes; I have been there 
 as late as midnight, and Mr. Wallis has often let me take his key to 
 go into the library and remain there as long as I wished. 
 
 Q. And out of those office hours has he rendered you any assistance 
 himself? A. Very often. 
 
 Q. And he never complained? A. He never complained, and 
 he never refused me a favor in regard to the library. 
 
 Cross-examination. 
 
 Mr. HoLL — Your business in the library has been principally in 
 the law department? A. Yes. 
 
 Q. Now, in that department, what assistance did you have occa- 
 sion to have from Mr. Wallis? What assistance did you ask him 
 for, or in what manner did he serve you ? A. For instance, I would 
 want some authorities upon some Act that was before the Legisla- 
 ture, or some law on some subject, and I would go to Mr. Wallis, and 
 he would invariably furnish them in a very short time. 
 
 Q. Can you give us some general idea as to that, b3'' giving us an 
 example referring to any particular occasion? 
 
 Mr. HiNKSON — I will make a suggestion. Do you remember of 
 asking him to find authorities on the question of taxation during the 
 Constitutional Convention? A. I had nothing to do with the Con- 
 stitutional Convention. 
 
 Q. During the session of the Legislature, I mean, on the question 
 of the constitutionality of a question of taxation? A. Yes; I remem- 
 ber that question was up quite often, and I very often went to Mr. 
 Wallis and asked him for authorities upon that question, and he 
 furnished me with different authorities, and I remember that on sev- 
 eral occasions he furnished me with the briefs of attorneys that had 
 been filed in tax cases, and they afforded me a great deal of infor- 
 mation. 
 
 Mr. HoLL — He would furnish you with Black well on Tax Titles? 
 A. Yes; and Cooley on Constitutional Law. 
 
 Q. And Cooley on Taxation? A. Yes. 
 
 Q. With those matters he seemed to have some familiarity, suffi- 
 cient to serve you in the capacity that you required? A. He seemed 
 to be very familiar, indeed, with all the books in the Law Library, so 
 far as I had occasion to use any of them. 
 
 Q. That is, a readiness to find the books and to furnish them to 
 you? A. Yes; and also a knowledge of the authorities that were in 
 the various books. 
 
167 
 
 Q. When you would require authorities on any given subject, you 
 would ask him to look up tiic authorities and to furnish them to you? 
 A. Very often I would. 
 
 Q. And in that way lie would find the works of elementary writers 
 who treated on that subject, or decisions that had been rendered on 
 that subject? A. Yes. 
 
 Q. And he would furnish them to you? A. Yes. 
 
 Q. Now, any lawyer's clerk could do that very readily, could he 
 not? A. I think you will find very few lawyers' clerks that have a 
 general knowledge of the majority of the law books that are in the 
 library. 
 
 Q,. That is because they are not in the library? A. It is a very 
 large library, and lawyers generally are too impecunious to have 
 such a large library. 
 
 Mr. J. S. Wallis — In your intercourse with him did not you find 
 that he had a general knowledge of the law as well as of the author- 
 ities and of the books? A. He seemed to have the faculty of having 
 a knowledge of the application of authorities to principles of law. 
 
 Q. Therefore it was not that mere mechanical knowledge that a 
 certain book was in a certain place, and written by a certain author, 
 and on a certain subject? A. No; it was not that alone. He seemed 
 to have a knowledge to apply the authority to the principle. 
 
 Testimony of David McClure. 
 
 Called and sworn on behalf of defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — At the Occidental 
 Hotel, in San Francisco. 
 
 Q. What is your profession? A. Lawj'^er. 
 
 Q. You are one of the State Senators at present, from San Fran- 
 cisco? A. Yes; I am a Senator from the Tenth District. 
 
 Q. You have been a member of the Legislature for the last few 
 years? A. Yes; I have been a member of the Legislature since 1880, 
 I think. 
 
 Competency and Deportment of Librarian. 
 
 Q. During that period have you known Mr. Wallis, the State 
 Librarian? A. Yes. 
 
 Q. Have you had occasion to visit the library in an official capac- 
 ity ? A. Yes, I have frequently. 
 
 Q. Will you state what you know with reference to his qualifica- 
 tions for that position? A. Well, as to his qualifications I do not 
 know 
 
 Q. State from your observation and experience? A. I do not 
 know that I can state the necessary qualifications for a Librarian. 
 
 Q. I have reference to these facts : Whether or not you have had 
 occasion to call on him for books or authorities upon any question 
 of law, or anything of that kind, and if he furnished it to you and 
 responded to your request, and with what alacrity ? A. As I said 
 
168 
 
 before, I have had occasion to visit the library very frequently, not 
 only during the time that I was a member of the Legislature since 
 1880, but at every session of the Legislature for some four or five 
 years previous, as an attorney. I was a frequent visitor to the library 
 before I was a member of the Legislature, and since, and I always 
 found Mr. Wallis and his assistants certainly very attentive and very 
 efficient. I have had occasion to go in there and leave a list of 
 authorities that I desired to be looked up, and often when I was 
 busy, and very much engaged, I would leave a syllabus, as I might 
 say, or the head notes of some proposition that I desired to investi- 
 gate, and his assistants have kindly looked the authorities up for me 
 on those questions. 
 
 Q. Have you ever submitted questions to him upon which he has 
 furnished you authorities? A. That is what I have endeavored to 
 say now. I frequently was so bus}' during the last Senate especially, 
 watching the Democratic majority, that I did not have time to look 
 up tlie digests myself, and I would leave the questions and ask the 
 clerks to look them up for me, and they would furnish me the 
 authorities. 
 
 Q. With what facility would Mr. Wallis furnish you authorities on 
 those occasions? A. He seemed to furnish them with great facility, 
 and I always found the authorities very efficient. 
 
 Q. What has been Mr. Wallis' conduct, with reference to deport- 
 ment and dignitj' and courtesy, towards yourself and other visitors? 
 A. It seemed to me that his deportment was all that could be asked 
 from any one in a. library ; it was certainly so to me. I never met 
 with anything but every courtesy that could be extended to a Sena- 
 tor, and to a representative when I was in the Assembly. In every 
 way he seemed to be painstaking. 
 
 Q. Did he ever make any selection of any literary works in the 
 library for you ? A. It seems to me that he did ; it seems to me that 
 on two or three occasions I asked for some references, but of course 
 I cannot say positively now, but I think so. I think on two occa- 
 sions I asked him to look up some literary matters, but I do not 
 know now, of course, as I have been running along and have had a 
 great many things on my mind. 
 
 Q. Did he furnish those books with equal facility as the others? 
 A. They were furnished ; I assume that they were furnished with 
 facility, because they were furnished at the time I asked for them. 
 
 Cross-examination. 
 
 Mr. HoLL — You were Chairman of the Judiciary Committee of the 
 last session? A. I was not the last session ; Senator Cross was Chair- 
 man of the Judiciary Committee last session. I liave been Chairman 
 of the Judiciary Committee of the House, and I was a member of 
 the Judiciary Committee last session. 
 
 Q. Last year your time was pretty much occupied on the floor of 
 the Senate? A. Yes; I believe I was always in my seat. 
 
 Q. In what particular was the efficiency of Mr. Wallis shown to 
 you? A. Well, in this way : I found that every facility was furnished 
 
1G9 
 
 me in the library for obtaining the authorities that I desired, and I 
 found in addition to that that he, throu<j;h his assistants and under 
 his own directions, afforded me an opportunity to have the author- 
 ities selected when I was otherwise engaged. That is to say, I recol- 
 lect of more than one occasion that I said to him: "I would like to 
 have you look up authorities for me;" and I wanted them the next 
 morning, and in halt an liour or tiiree quarters of an hour before the 
 Senate convened, I would go into the library, and 1 "would find my 
 authorities. 
 
 Q. Do you know who looked them up? A. No; I do not, but I 
 know that Mr. Wallis always undertook to have them looked up. 
 
 Q. You do not know whether he himself did it, or whether he 
 employed some one that was more familiar with the subject than he 
 was? A. Certainly I could not say that, because I was not personally 
 present. 
 
 Q. You would, for instance, want information on a given subject, 
 and you would want to know what the text \vriters had said or the 
 Courts had decided on a given point, and you would give him the 
 point? A. I would give him the line which I desired to have looked 
 up. 
 
 Q. He was able to furnish you what the text writers had written 
 or what the Courts had decided on that subject? A. Yes. 
 
 Q. Whether he looked it up himself, or got his assistants to look it 
 up, you do not know? A. I only know this: 1 recollect particularly 
 on three different occasions when I was in considerable of a straight, 
 and I said to him I would like to have something on propositions 
 looking in these directions, and he said: "All right, McClure," or 
 "Senator" — whatever he addressed me — "I will look it up." When 
 I came there in the morning, I foond those authorities. That is all 
 that I can say. 
 
 Q. Can you recur to any matters outside of the law that you applied 
 to him for? A. The only particular matter that I applied to him for 
 was with reference to the State Prison fight. The charge was made by 
 Senator Reddy,on the floor, that it never had been known in a legis- 
 lative body where such testimony had been printed. The position 
 I took was that the testimony that had been taken before the com- 
 mittee was at the Clerk's desk, and that we had no opportunity to 
 read it, and I claimed that it should be printed. Senator Reddy 
 took issue with me, and he alluded to the Credit Mobilier, and I 
 asked Mr. Wallis whether he could not produce the record of that 
 case, and he did it in fifteen minutes. 
 
 Q. He looked over the Congressional Globes? A. I do not know 
 where he looked, but he brought it to me. He brought me the 
 printed testimony that Senator Reddy said had never been printed. 
 
 Q,. What else? A. Well, in the same connection he brought me 
 a great number of references that I did not have occasi'on to use on 
 the floor of the Senate, but if necessary I could have used them. 
 
 Q. Now, you are a man who pursues literature to some extent. 
 Did you ever have occasion to discuss general subjects of literature 
 with 'Mr. Wallis? A. No; I never did. 
 
 22 
 
170 
 
 Q. Do you know anything about his information in reference to 
 general literature? A. No, I do not. 
 
 Q. Did you ever talk with him about the British poets? A. No. 
 
 Q. Or the historians? A. No. 
 
 Q. Upon matters of general literature, then, you do not know what 
 his knowledge is? A. No. 
 
 Q. Whether he knows anything, or knows nothing? A. No; of 
 my personal knowledge I cannot say. 
 
 Mr. HiNKSON — Did Mr. Wallis ever render you any assistance in 
 furnishing you autliorities when j'ou were in the library at work on 
 any proposition or question of law? A. Yes; he did quite frequently. 
 I had occasion a number ol times to be in the library and to prepare 
 authorities, and he would assist me in finding the authorities per- 
 sonally. He did that on several occasions. 
 
 Mr. J. S. Wallis — When you made those applications to him did 
 he generally show a ready knowledge of the subject-matter and the 
 authors, as well as of the books and whether they were in the library 
 or not? A. "Well, of course," he would say, "that is all right, Sena- 
 tor; I will find them for you." And I recollect on two occasions that 
 I was in doubt whether I could find some references in the library, 
 and he said they were in the library, and I was surprised that they 
 were, and they were found for me. 
 
 Q. What I meant to convey to your mind was, did he show a 
 knowledge that it existed in the library and was within his reach, or 
 did he exhibit any doubt about it? A. He showed me this: that he 
 had a knowledge of what the library could produce. That is what 
 he showed to me. . 
 
 Q. You generally received what you asked for? A. He understood 
 what the library contained. If I would ask him whether or not I 
 could find an authority or reference on any particular matter in the 
 library, he would say that it Avas in the library, and he would have 
 it looked up for me. Of course, I could not say who looked it up. 
 He seemed to understand what the library contained, and I did not, 
 of course. 
 
 Mr. HoLL — You had not been there for twelve j'ears? A. No; I 
 knew what I wanted and I was trying to find it. 
 
 Q,. Those matters pertained to the law department? A. Princi- 
 pally to the law department. I do not know but what I had occasion 
 twice to look up some constitutional matters with reference to debates 
 that had taken place in constitutional conventions of other States, 
 but I believe I never had occasion to use those references, but they 
 were looked up for me in the library. 
 
 Testimony of C. W. Cross. 
 
 Called and sworn for the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — In Nevada City, 
 California. 
 
171 
 
 Q. You are at present a State Senator from Nevada County? A. 
 Yes; I am. 
 
 Q. Were you a member of the Constitutional Convention also? A, 
 Yes; I was of the Convention of 1879. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. Wallis, the State Librarian? A. Yes. 
 
 Q. How long have you known him? A. I haye known him ever 
 since he has been State Librarian. 
 
 Q. Have .you had any opportunity of knowing his qualifications 
 for that position? A. I had opportunity enough so that I have 
 formed an opinion about the matter. 
 
 Q. Will you state what your intercourse has been with him in his 
 official capacity? 
 
 Mr. HoLL — Do not give us any opinion. 
 
 A. I would like to answer such questions as are not objectionable 
 to either side, if I can, although I know that I have no option except 
 to answer such questions as are put to me. 
 
 M!'. Hinkson — We want your knowledge as to his qualifications? 
 A. I can state that ever since Mr. Wallis has been Librarian, and 
 even before, I have been in the habit of visiting the State Library 
 from time to time, especially for the purpose of looking up difficult 
 law questions, and I have sometimes spent several days in succession 
 in the law department of tlie State Library. At such times I have 
 been in the habit of meeting ^Ir. Wallis, as State Librarian, and I 
 have had occasion to make inquiry of him in connection with that 
 department of the State Library in particular. During the sessions 
 of the Supreme Court at Sacramento I am usually in attendance a 
 considerable portion of each term, and I have spent some time in 
 the State Library. During the session of the Constitutional Con- 
 vention, and also during the last session of the Legislature, I spent 
 a good deal of time nights in the State Library. In the other 
 department I have had occasion to go there to read sometimes for 
 half a day or a day at a time, and have used books and have referred 
 to books even in other languages besides the English language, and 
 I needed some assistance to find them. I have gone to the library 
 twice to examine different editions of popular authors, with a view 
 of purchasing, so as to know what editions to buy. The last time, I 
 believe, was after this investigation commenced. I went to examine 
 different editions of Thackeray's works, for the purpose of purchas- 
 ing a set. I think that would cover my experience with Mr. Wallis 
 as Librarian. I had occasion once to examine a medical question 
 which was quite intricate. I could not get the information that I 
 wanted from any physician in my vicinity, and I spent two days at 
 the State Library and Mr. Wallis assisted me, and so did Miss 
 Patton, in finding the works that I heeded. 
 
 Q. What assistance did Mr. Wallis render you on that occasion? 
 A. I knew almost nothing about medical works, and I stated to Mr. 
 Wallis generally the nature of the question that I desired to inves- 
 tigate. It was in connection with a criminal case that I was about 
 
172 
 
 to try. Mr. Wallis went Math me to the upper alcove and opened a 
 case for me, and showed me two sets of books which he said would 
 cover the subject, and from one of the sets he selected a volume 
 which I perused, and found the subject very fully treated. 
 
 _Q. In the law department did you have any opportunity of ascer- 
 taining his knowledge of the subjects treated upon in the different 
 books? A. Mr. Wallis' assistance in the law department has been 
 this to me: to find me the books that I wanted. In so large a library 
 a man could go there and hunt a great while and not find the books 
 that he wanted. He might have references to ten or twenty or more 
 volumes, and he could not find those volumes unless the Librarian 
 or the assistant assisted him. I remember, on one occasion in par- 
 ticular, when I had abbreviations of some old English books, and I 
 did not know what the abbreviations stood for, and 1 showed them 
 to Mr. Wallis, and he told me what they were and brought me the 
 books and laid them on one of the tables. 
 
 • Q. Did he seem to have a knowledge of the abbreviations? A. He 
 seemed to have a good knowledge of the names of law books, and 
 especially of the old English reporters, the class of books that I had 
 then occasion to cons alt. • 
 
 Q. Have you ever, in the library, discussed any particular subjects 
 with Mr. Wallis on which he has furnished you the authorities? A. 
 We have discussed legal questions, but I never asked Mr. Wallis, that 
 I remember of, to furnish me any authorities. 
 
 Q. Did ho ever do so voluntarily? A. I cannot remember. He 
 often said to me, "If there is anytli^ng that you want, and do not 
 know where to find it, let me know." 
 
 Q. What has been his general conduct there with reference to dig- 
 nity and deportment and courtesy towards yourself and other 
 visitors ? A. To me he has been attentive and courteous, and what 
 I would call — I do not know what else to call it — well-bred. A num- 
 ber of times during the session of the Legislature — three times when 
 I had some intricate questions to look up, and I could not go there 
 within the hours that the library was kept open, on one of those 
 occasions Mr. Wallis remained with me in the library, and kept the 
 library open until something after twelve o'clock at night ; and on 
 another occasion he met with me and opened the library, and took 
 me into the library on Sunday, as I had some work that was pressing 
 me. On the third occasion he directed one of his deputies, Mr. Gunn 
 I think, to remain with me in the library as long as I chose to stay, 
 and Mr. Gunn remained with me. 
 
 Q. Do you remember to have discussed with Mr. Wallis, at different 
 times, questions of law ? A. At different times when I have been in 
 the Law Library, some legal questions arose which would be dis- 
 cussed among those present in the library, and Mr. Wallis would, 
 when it seemed proper, participate in those discussions. I never 
 saw him when he appeared to lead such discussions. 
 
 Q. Did he, from those discussions, seem to have a proper knowl- 
 edge of the application of the principles to the subjects? A. 
 Yes ; once I remember that he got some books, and set Judge Belcher 
 and myself right on a question that we were examining into. 
 
173 
 
 Cross-examination. 
 
 Mr. HoLL — Senator Cross, I did not exactly understand in what 
 ■\vay Mr. Wallis served you in selecting a proper edition of Thackeray's 
 novels? A. The i)articular thing that I wanted to find out, the main 
 thing, was to get the edition of Thackeray which had the illustrations 
 which Thackeray himself designed. I had seen different editions of 
 Thackeray which were very similar, except in the matter of the illus- 
 trations. 
 
 Q. What service did he render you in and about that matter? A. 
 He took me into the department, to one of the alcoves nearly straight 
 ahead as you enter the main entrance of the library, and in the lower 
 part of that alcove were different editions of Thackeray, and I told 
 him what I wanted, and he showed me the different editions, and he 
 said,."This is the edition which has Thackeray's illustrations, and 
 only Thackeray's illustrations." That is the substance of what he 
 said, and then he showed me, I think, other editions, one of which, 
 my recollection is, was not illustrated at all, and the other was much 
 more })rofusely illustrated than the edition in which the illustrations 
 were drawn by Thackeray himself. 
 
 Q. In other words, he showed you the different editions of Thack- 
 eray? A. He did. 
 
 Q. That is about the extent of the business in that connection? 
 A. Yes, that is what I wanted. I did not ask him for anything 
 more. 
 
 Q. I do not want to be inquisitive, but I would like to know the 
 medical subject that you examined in the library? A. I had a case 
 which i)ivolved the question whether a man had contracted a secret 
 disease from his wife or from somebody else. The question related 
 to a family of some prominence, and there were large property inter- 
 ests depending on it, and I was ver^'- desirous to obtain exact knowl- 
 edge on the subject. 
 
 Q. He seemed to understand the subject? A. I went to the library 
 and told Miss Patton that I wished to see some medical works. She 
 told me where they were, and gave me the key, and I went up to the 
 room; but I was not at all acquainted with medical authors, and I 
 went back down stairs, and not desiring to broach such a subject to a 
 lady, I went to Mr. Wallis, who went with me to the alcove where 
 the medical w^orks were, and there were two sets of books, which 
 were arranged something like a lexicon or encyclopedia. One of the 
 sets was quite fully illustrated. He selected a volume which treated 
 on that class of subjects, and in that volume I found what I wanted. 
 I suppose I might have groped around the library for a week, myself, 
 and not found that volume. 
 
 Q. In the law librarj' you say you have not had occasion to call 
 upon him very frequently, except in the matter of abbreviations? 
 A. I did not know that a man had the right to ask the Librarian for 
 any assistance in the preparation of a case, or to look up points, and 
 consequently the only assistance I have asked of Mr. Wallis was 
 either to get me the books, or to show me where I could find such 
 and such books, or to tell me what the abbreviation meant. 
 
174 
 
 Q. You do not understand that a Librarian is put there to assist 
 attorneys in making up their briefs? A. No; I do not. I should 
 consider that a mere matter of favor. 
 
 Q. As to this matter of abbreviations, there are works which will 
 explain the abbreviations in the library itself — books that will give 
 you the full meaning of them? A. Yes; even catalogues of law 
 books by large publishing houses will do so. 
 
 Q. It is an easy matter, when you get the right book, to ascertain? 
 A. Yes; the first time I was stalled I had the abbreviation, "First 
 Mod." I suppose a better lawyer than I am would know just what 
 that stood for. I asked Mr. Wallis, and he brought me the volume 
 in reply to my question. 
 
 Q. I understood you to say that you are a Senator. Are you one 
 of the hold-overs? A. I was elected from an even numbered dis- 
 trict — Number Twenty-four. 
 
 Q. Do the Senators from those districts hold over? A. In my 
 opinion they do. In my opinion they all do. 
 
 Testimony of J. H. Craddock. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSox — Where do you reside? Answer — My residence at 
 present is at Marysville, Yuba County. I formerlj^ resided at Yuba 
 City, in Sutter County. 
 
 Q. You are an attorney at law by profession? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. Wallis, the State Librarian? A. Yes; I do. 
 
 Q. How long have you known him? A. Well, for a number of 
 years — indefinitely. I should saj'' perhaps four or five years. 
 
 Q. Have you visited the library frequently during that time? A. 
 Well, occasionally. I could not say that I have been a frequent vis- 
 itor there. I have been there more or less during Mr. Wallis' 
 incumbency. 
 
 Q. Have you had any business with Mr. Wallis in an official capac- 
 ity? A. Yes; I have gone there to examine questions of law, and 
 have called upon him to furnish me with books on the questions that 
 I had under examination. 
 
 Q. During your visits to the library what was Mr. Wallis' conduct 
 with reference to dignity and deportment and courtesy to yourself 
 and other visitors? A. Well, I have always found Mr. Wallis verj^ 
 courteous and very prompt to furnish me with any authorities that 
 I desired to examine. 
 
 No cross-examination. 
 
175 
 
 Testimony of \V. A. Beck. 
 
 Called and sworn on behalf of defense. 
 
 Mr. IIiXKSON — Where do you reside? Answer — In .San Francisco, 
 at present. 
 
 Q. You were formerly Dei)uty Secretary of State under Hon. Thos. 
 Beck? A. I was. 
 
 Q. For four years? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. Wall is, the State Librarian? A. I do. 
 
 Q. How long have you known him? A. Well, I became acquainted 
 with him shortly after going into office at Sacramento. 
 
 Q. Have you had frecjuent business transactions with him, and 
 had you, during your term of office? A. Yes; quite a number. 
 
 Q. What was the nature of j^our business transactions with him? 
 A. Well, they were more particularly in regard to the Codes, or some- 
 thing of that sort. 
 
 ]Mr. HoLL — Was that at the time that Mr. Wallis was Librarian or 
 Deputy Librarian? A. He was a deputy when I first knew him. 
 
 Mr. HoLL — There is no question as to Mr. Wallis' conduct as Dep- 
 uty Librarian, or as to his competency. 
 
 Mr. HiNKSON — I offer to show by the witness that from his knowl- 
 edge and experience of Mr. Wallis as a Deputy Librarian he is pre- 
 pared to state facts that would establish the fact to the Trustees of 
 the State Library that Mr. Wallis is eminently qualified for the posi- 
 tion of Librarian. 
 
 Trustee Johnson — The question is prope'r. Anything that may 
 tend to show Mr. Wallis' ability and his competency is proper testi- 
 mony. 
 
 Mr. HoLL — We except. 
 
 Mr. HiNKSON — Now, I will ask you this question : Whilst you were 
 Deputy Secretary of State was not it a very frec^uent occurrence that 
 you would receive letters of inquiry from different departments in 
 the different States seeking information that it was necessary for you 
 to obtain in the State Library? A. Yes; quite a number of such 
 inquiries. 
 
 Q. That was a frequent occurrence, was it not? A. Yes; it was. 
 
 Q. And when such information was sought from you, whom did 
 you apply to for the desired information? A. Mr. Wallis. 
 
 Q. Witii what success? A. With the very best of success. I 
 always found him perfectly willing to give all the information he 
 possibly could on most any subject. 
 
 Q. I am speaking more particularly of his capacity or qualifica- 
 tions to furnish information? A. I always received the answer that 
 I wished. 
 
 Q. You have known him since he has been Librarian and have 
 visited the library? A. When did he become Librarian? 
 
 Q. The sixth dliy of April, 1882? A. I have been in the library 
 once or twice since then. 
 
176 
 
 Q. Have you met Mr. Wallis there? A. Yes. 
 
 _Q._What has always been Mr. Wallis' conduct with reference to 
 dignity and courtesy to yourself and others? A. The very best. 
 
 Cross-examination. 
 
 Mr. HoLL — Mr. Cravens was Librarian during the time that you 
 were in the ofiice of the Secretary of State? A. Yes. 
 
 Q. Did you not go to the principal when you had business with 
 that office? A. Well, more generally it was with Mr. Wallis, because 
 I felt better acquainted with him. 
 
 Q. You felt better acquainted with Mr. Wallis? A. Yes. 
 
 Q. Were not you acquainted with Mr. Cravens? A. I was, but as 
 a general thing the principals refer such matters to their deputies. 
 
 Q. Did Mr. Cravens ever refer you for information to Mr. Wallis? 
 A. I do not remember now whether he did or not. 
 
 Q. What was the business that you had with Mr. Wallis when he 
 ^vas Deputy Librarian? A. Well, there was quite a number of ques- 
 tions in regard to 
 
 Q. What was the nature or character of the matters that took you 
 to the library? A. It would be rather difficult to answer exactly 
 now, because questions came there in regard to almost everything 
 imaginable, and the library having the books there, of course we 
 would go there for what information we might wish. 
 
 Q. Now, what part of that business did Mr. Wallis perform when 
 you would go there — what would he do? A. Well, he would take 
 the letter, or I would read it to him or tell him what I wished, and 
 he would endeavor to assist me. Quite a number of times I would 
 want to find passages in the Codes, and they had them in the library 
 there, and as a general thing he would go into the room with me 
 and give me any assistance that he could. 
 
 Q. When you took letters there what would he do — what assist- 
 ance would you receive from him? A. Well, he generally would 
 refer me to the portion of the librar}' where I would find what I 
 required, and I think there were one or two occasions that he has 
 assisted me somewhat in finding the passages. 
 
 Mr. HiNKSON — I will ask you if you ever made application to him 
 for information to be derived from the miscellaneous department of 
 the library, as well as in the law library? A. Well, that was more 
 particularly in regard to some books that I wanted to read. Of 
 course he nearly always got them for me immediately on my appli- 
 cation — anything that I wished to get. 
 
 Mr. HoLL — You would not call on him to select books for you — 
 you would go there and call for such books as you wished to read? 
 A. Yes, as a general thing, of course; but once or twice I would ask 
 him if there was anything new in the librarj', or something of that 
 kind. 
 
 Q. Something late in the library ? A. Yes. 
 
177 
 
 Testimony of John G. Howell. 
 
 Called and sworn on behalf of the defense. 
 Mr. HiNKSON — Where do you reside? Answer — In Oakland. 
 Q,. Wiuit is your business? A. I am not in business at present. 
 (}. Ypu have been connected with several sessions of the Legisla- 
 ture of this State, have you not? A. Yes; the last four. 
 Q. In wliat capacity? A. Clerk in the Assembly. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. Wallis, the State Librarian? A. I know him 
 very well ; yes. 
 
 Q. Have you had business with him in his official capacity? A. 
 Yes; nearly every day for three or four sessions — that is, three full 
 sessions and the fore part of the last one. 
 
 Q,. Please state what the nature of your business with him was? 
 A. Well, I had occasion often to get books, and often to go there for 
 references, and often to go there for favors of various kinds, and often 
 to take strangers in there. 
 
 Q. Did you ever ask him for authorities on different subjects with- 
 out giving him the authorities yourself; and has he ever furnished 
 tliem to you, on any questions of law, or anything of that kind? A. 
 I do not know that I understand you exactly. • 
 
 Q. Did you ever state any subject to him or any question of law 
 that you wanted authorities on, when he has furnished you them? 
 A. No; I have never investigated any law matters. 
 
 Q. Did you have frequent occasions to call for books in the differ- 
 ent departments of the library? A. Yes; for myself and others, and 
 for old files of the papers, occasionally, and especially for the pro- 
 ceedings of previous Legislatures. 
 
 Q. How did he furnish you the information that you sought for? 
 A. Well, I regarded him as a remarkably courteous, kind, and oblig- 
 ing man. 
 
 Q. With reference to his efficiency? A. As far as I could see, he 
 seemed perfectly at home, and entirely satisfactory to everybody, and 
 very competent. 
 
 Q. And very familiar? A. He seemed very familiar. I wish to 
 emphasize that he was exceedingly obliging to me and to everybody 
 that I ever saw him have anything to do with there. 
 
 Cross-exam inatlon. , 
 
 Mr. HoLL — What was the particular matter that called you to the 
 library? A. Well, I would frequently want to get books for my own 
 reading, or I would take friends and strangers frequently there to 
 show tliem the library; and I remember the first time that I ever 
 met Mr. Wallis to know him, I took a lady, or two ladies, in fact, 
 through there, and was showing them the librar.y, and just as I was 
 about to leave, he said: " Don't you want to go up and see the cabi- 
 
 23 
 
• 178 
 
 net?" I said that I did not know anything about the cabinet. He 
 said : " Certainly, there is a nice cabinet up stairs, and I will let you 
 have the key." I felt very much gratified at that, for it was quite a 
 treat to the ladies, and it was entirely voluntary on his part. It made 
 me feel very kindly to him, and made me feel that he was a very 
 obliging man. 
 
 Q. In regard to his efficiency as a Librarian, and understanding 
 the general matters of the library, what evidence have you of that? 
 A. Well, I am very poor to remember details. I know I never went 
 in there to ask him a question when he seemed at a loss or nonplussed. 
 He has gone straight for any book that gave the information. He 
 seemed to have them at his tongue's end, and would go direct for the 
 books. 
 
 Q. In the law library, or the miscellaneous library? A. J cannot 
 remember that I ever had occasion to go in the law library, except 
 to look in there to see the construction of the room. 
 
 Q. Would you go in the miscellaneous library and name to him 
 the books that you would want? A. Certainly. 
 
 Q. Then he would be able to go to the alcove and find the books ? 
 A. He always did so immediately, and he always accompanied it 
 with a good deal of information about books of that class, and sug- 
 gested now and then that such and such book would be better, and 
 he seemed to have a general familiarity with the books. 
 
 Q. Give us an example of that? A. I cannot remember details 
 at all. 
 
 Q. In which he seemed to show any familiarity? A. I cannot 
 remember any details. It was years ago. 
 
 Q. How many years ago?- A. I was there last Winter for some 
 weeks at the opening of the session, and the three previous sessions 
 I was in the Assembly, and I have been up at conventions and at 
 fairs. 
 
 Q. You were there while he was Librarian only a couple of weeks 
 last Winter? A. I forget when he took his place as Librarian, but 
 he was assistant for years before. 
 
 Q. Did you ever enter into any discussion of literary matters, or 
 scientific subjects, or matters of general information with him? A. 
 I cannot remember the particulars of it; we may have very often ; 
 it is impossible for me to enter into details. 
 
 Q. Did you talk with him of books in your discussions with him, 
 and about literary subjects and authors, and the different subjects on 
 which they treated, and the best authors on any given subject? A. I 
 have undoubtedly had conversations of that kind. 
 • Q. Can you remember them now? A. No, I cannot remember them 
 definitely, but I could not have had dealings with him about books 
 without talking to him about authors and their writings. 
 
 Q. Can you remember that you ever did? A. No, I cannot say 
 that I have. You could ask me questions about my family, and I 
 could only remember very vaguely; I cannot remember details. 
 
 Q. Do you mean to be understood that it is because you remember 
 things vaguely ? A. I remember as to details vaguely. In my inter- 
 course with a man, he gives always a pleasing or displeasing memory 
 
179 
 
 of him, and I have a general idea of his qualities of mind or of his 
 efficiency, but it is nearly impossible for me to reproduce the details 
 in any case. 
 
 Q. In this case Mr. WalTis made a very pleasing impression on you? 
 A. Yes; he was always very obliging and kind. 
 
 Q. You have no knowledge as to Air. Wallis' literary acquirements? 
 A. I cannot say that I have ever had any long and intimate conver- 
 sations with him to give me a real idea as to his literary require- 
 ments. I could not make that clear to you. 
 
 Mr. J. S. Wallis — In your interviews with him, did he show an 
 equal familiarity with the suljjoct-matter, as well as with the titles of 
 books? A. Yes, I think he did. He seemed to be familiar and at 
 home, and frequently suggested to me and to other friends, M-hom 
 I took there to look at books in the library, and he always seemed to 
 throw light on any subject desired, by suggesting authors and refer- 
 ring to their merits. 
 
 Q. It was not a mere mechanical knowledge of where a book was 
 and what it was? A. No; he seemed like a very intelligent man 
 with books; that I know to a certainty, because it is very distinct in 
 my memory, but the details I cannot recollect, nor can I recollect 
 hardly a book that I called for. 
 
 Mr. HoLL — Can you give us a single instance of where his superior 
 knowledge was of any advantage to yourself or your friends? A. 
 They seemed to be grateful for the information he gave them, and at 
 their suggestion he would pull down book after book, and would 
 speak of the different authors. 
 
 Q. Name the different persons? A. That is impossible; I cannot 
 remember details. 
 
 Q. Name some of the books? A. I remember one thing and that 
 vaguely. I remember that he pulled down at least thirty or forty 
 volumes of poetry at one time. Of course I could run over a dozen 
 or twenty poetical authors that he must have pulled down, but I 
 cannot remember anj^ of them. 
 
 Q. What was tlie occasion of that? A. I took some friends in, 
 and we were talking about some poetical works, and we went in 
 particularly to get a book of choice extracts — a book of short epi- 
 grammatic extracts — and that started it. He talked with us on the 
 subject of poetry, and handed down book after book, and reached 
 for them as though he was familiar with them. 
 
 Q. When he spoke of authors did he discuss the merits of the 
 different English poets? Did he give his opinion? A. I cannot 
 remember. I do not think it is reasonable that I should remember 
 years afterwards just what words were said or the authors named in 
 the discussion. He treated it as a Librarian naturall}' would that 
 knew the books and something of authors. 
 
 Q. Of course he could read the names of the books and find any 
 author you wanted? A. He would speak of an author and reach 
 up and get it. 
 
 Q. Would he discuss the subject upon which the author treated? 
 A. He showed a familiarity with the contents of them before he took 
 them down. 
 
180 
 
 Q. In what way? A. By saying that such a one had a fine poem 
 in it, or, "Did you ever read this?'" or, "Did you ever read that?" 
 
 Q. Give us an instance where he said that? A. I cannot do it. I 
 know that I am very odd that way. There is not one meal in a 
 year that I eat at home that six hours afterwards, if you should ask 
 me what I had had for that meal, that I could tell you. 
 
 Q. Your memory is very poor? A. In that way. If I am 
 acquainted intimately with every gentleman in this room, and if I 
 should meet some one an hour from now on the street and he should 
 ask me who were here, I probably would not remember half of 
 those who are here. 
 
 Q. You cannot name a single author that he discussed, nor the 
 subject? A. No, I cannot. And if you knew me you would not 
 think that it was odd either, because it is a characteristic of me and 
 a weakness. 
 
 Testimony of Marsdkn Manson. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — In this city. 
 
 Q. Have you held any official position in the last twelve years in 
 this State, and if so state what it was? A. I was assistant in the 
 Engineer's department under Mr. Hall, the State Engineer, from the 
 Summer of 1878 to the Spring of 1881. 
 
 Competency and Deportment of the Librarian. 
 
 Q. Do you know Mr. Wallis, the State Librarian ? A. Yes, very 
 well. 
 
 Q. Did you know him during that period? A. Quite well. 
 
 Q. Without asking you any other question, go on and state what 
 you know of Mr. Wallis' qualifications for tliat position. State the 
 facts? A. I was an assistant in the Engineering department of the 
 State under Mr. Hall, and knew Mr. Wallis first as Assistant State 
 Librarian, and afterwards whilst he was in the position of Librarian. 
 I was in the library frequently, to inquire sometimes for works on 
 engineering, and sometimes for works on general subjects that I 
 would happen to be reading for amusement or for general interest, 
 but I was there more frequently to inquire for engineering works; 
 and so far as I was able to discover he was thoroughly competent. 
 He knew the general run of the library, and knew the position of 
 the books, and where it wfus impossible for me to be directed as to 
 where the book was, Mr. Wallis would assist me and show me where 
 such and such Avorks were. He was acquainted with the locality of 
 most of the books in the library — that is the general locality — and 
 he was very competent and able in the discharge of his duties. 
 
 Q. The works he produced for you, were they all in the English 
 language, or were there foreign books? A. No; there were some of 
 them English and some French. 
 
 Q. Did he ever furnish you any authorities upon subjects that you 
 
181 
 
 would suggest to him without your naming the books themselves? 
 A. I cannot recollect any special occasion on which ho did, though 
 he may have done so. I was in(juiring for so many books now and 
 then that it would be almost impossible for me to remember the cir- 
 cumstances of the inquiry on every occasion. 
 
 Q. You had occasion to go there to make inquiries for books fre- 
 quently while Mr. Cravens was Librarian? A. Yes. 
 
 Q. And while Mr. Wallis was Deputy? A. Yes. 
 
 Q. To whom did you make application for your information? A. 
 Sometimes to one and sometimes to the other. If Mr. Cravens was 
 out 1 would inquire of Mr. Wallis. 
 
 Q. During the time you have known Mr. Wallis in the library, 
 what has been his conduct with reference to dignity and courtesy to 
 yourself and other visitors in the library? A. Perfectly courteous, 
 sir. 
 
 Cross-examination. 
 
 Mr. HoLL — Did you know the works that you wanted to consult? 
 You knew the authors and knew what books you wanted? A. I can 
 give some few of them now. 
 
 Q. State whether you did know when you went to the library what 
 yo\i wanted? A. As a general thing. 
 
 Q,. Mr. Wallis was able to tell you where the books you wanted 
 could be found in the library? A. Yes. 
 
 Q. That is about the extent which he served you? A. Yes; or to 
 go up and get them. 
 
 Q. Bring them to you? A. Yes. 
 
 Q. After you had called for certain works? A. Yes. 
 
 Q. He would go and get them? A. Yes. 
 
 Mr. HiNKSON — I will ask you, Mr. Manson, if he has not rendered 
 you assistance on engineering subjects where yoa were looking up 
 authorities? Has not he rendered you assistance in looking up those 
 subjects himself? A. I cannot recall any very definite occasion on 
 which he did, though he may have done so. Probably if he could 
 mention some subject that I happened to be looking up, or some 
 point, I might recall it, but I do not recollect it just now. 
 
 Q. I will ask you this question: If you remember of anj^ occasion 
 where you have gone into the library and suggested to Mr. Wallis 
 that you wanted to get authorities on a certain subject, and he has 
 not gone with you and assisted you in looking up authorities on those 
 subjects? A. Yes; in looking up the books, but not in looking up 
 the items in the works. 
 
 Q, When you suggested to him simply that you had a subject upon 
 which you wanted to find authorities, has not he gone in the library 
 with you and assisted you in looking up the works — in looking up 
 the authorities on that j)articular subject? A. He may have done 
 so, but I do not recollect it just now. 
 
 Mr. HoLL — Has it not amounted to this: you had a good deal to do 
 with the water question while he was in there. For instance, you 
 would want to look up the subject of hydrostatics, and you would go 
 in the library and ask him for works treating on that subject? A. 
 Yes. 
 
182 
 
 Q. That would be the way that you would approach that matter? 
 A. Yes; I have frequently gone there 
 
 Q. If you had some special subject that you would want to look up, 
 as the matter of hydrostatics, 3^ou would go there and ask him for 
 works on that subject, and then he would take you to the alcove 
 where the works on engineering and those matters were, and you 
 would get them in that way ? A. Not only that. For instance, the 
 subject of dredging and dredging machinery — I studied that up 
 under the direction of the State Engineer, while I was there, and I 
 had to look up a good many authorities,in French, and he would get 
 out the various French journals. I do not know whether he reads 
 French or not, but he knew the general position of all the French 
 works, and those I wished to get he was thoroughly familiar with 
 their locality, though I do not recollect of his assisting me in looking 
 up any subject after the books and -references were found. That is 
 all that I remember just now, though he may have done so. I do 
 not recollect it. 
 
 Testimony of C. A. Murdock. 
 
 « 
 
 Called and sworn for the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — In San Francisco. 
 
 Q. Were you a member of the last Legislature? A. I was. 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Mr. Wallis? A. Yes; I made his acquaintance 
 then for the first time. 
 
 Q. Did you have any business with him in an official capacity 
 during the last session of the Legislature? A. Yes; during that time 
 I was in the library frequently, looking up different subjects. 
 
 Q. Did you hav^ any occasion to call on him for any assistance in 
 connection with the library? A. Yes; in reference to works on 
 special subjects that I was investigating. 
 
 Q,. Did he ever furnish you authorities on any subjects that you 
 desired information on? A. Yes; very promptly. 
 
 Q. State with what alacrity and with what familiarity he furnished 
 you those authorities upon those subjects? A. Well, I remember 
 especially of one occasion that I went to him in connection with the 
 appropriations for State Prisons. Something had been brought up 
 in the forenoon, and there was an adjournment just at that time, and 
 I wanted to take the floor immediately afterwards. I went to Mr. 
 Wallis, and he at once showed me everything, so that in a few min- 
 utes I had all the statistics for several years past, and I had all the 
 information that I wanted on that subject. That is the only instance. 
 Usually, when I have been to that department, his assistant furnished 
 me with what I needed. I think that is perhaps the only time that 
 I had any direct communication with Mr. Wallis. 
 
 Q. Did you visit the library frequently? A. Yes; I was there a 
 great deal. 
 
183 
 
 Q. What was Mr. Wallis' conduct with reference to dignitj' and 
 courtesy towards yourself and other visitors at the library? A. It 
 was most favorable, so far as I know of it. He always treated me 
 with courtesy and kindness. 
 
 Q. Was he accommodating? A. Yes; very. 
 
 Cross-examinatio7i. 
 
 Mr. HoLL — The only instance you recall in which Mr. Wallis him- 
 sdlf furnished anything was when he gave you a work that contained 
 statistics in reference to the State Prison? A. He found all the vol- 
 umes. I think he sent them in to me. 
 
 Q. Reports in reference to the management of the State Prison? 
 A. Yes; I think that is the only occasion. There were some other 
 works that I remember asking him for, and he found them for me. 
 There was one occasion where I got a book, and I think it is the 
 only book that I got from the library except those of an official char- 
 acter. Usually, when I went there, Mr. Gunn was there, and I did 
 not come in contact with Mr. Wallis so much. 
 
 Testimony of G. W. Gordon. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. J. S. Wallis — Where do you reside? Answer — In the City of 
 San Francisco. 
 
 Q. Have you resided in Sacramento? A. I have visited Sacra- 
 mento very often latel3^ 
 
 Competency and Deportment of Librarian. 
 
 Q. Are you acquainted with the Librarian, Talbot H. Wallis? A. 
 Yes. 
 
 Q. How long have you known him? A. I think I have known 
 him several years; two or three years. 
 
 Q. How often have you visited the library since your acquaintance 
 with him? A. Well, very frequently; I could not tell exactly — that 
 is for a non-resident. I have attended the Superior Court at Sac- 
 ramento and the Supreme Court. 
 
 Q. Did you visit the library for any special purpose, or for amuse- 
 ment? A. For a special purpose; to look up law matters and to 
 get books. 
 
 Q. What was his general conduct and demeanor towards you and 
 others while you were there? A. He was very courteous, polite, and 
 attentive. 
 
 Q. Did you ever seek from him any information on any particular 
 subject, or any work on any particular subject? A. Yes, I have 
 sought for various books there; legal works. 
 
 Q. Did you ever suggest to him any subject or branch of any subject 
 
184 
 
 that 5'ou were seeking information on that he supplied you with? 
 A. I always got from him such books as I requested. 
 
 Q,. Did you ever suggest to him any particular branch or subject, 
 without naming the author, or where it could be found, where he 
 furnished it to you? A. Well, I had not much in that line of busi- 
 ness to do; I have conversed with him occasionally on the condition 
 of the library, and he seemed to be well posted. 
 
 Q. He seemed to be well posted ? A. Yes. 
 
 Q. On the contents of the library ? A. On the contents of the 
 library. 
 
 Q. And as to the authors of various works? A. So far as I talked 
 with him ; it was not very extensive. 
 
 Q. In your interviews with him, Avere you always readily supplied 
 with the information, or with the books that you sought? A. Yes. 
 
 Q. You have no cause of complaint? A. No; I never had any 
 myself, and never heard of any when I was present. 
 
 Cross-examination. 
 
 Mr. HoLL — Did you say that you were always readily supplied with 
 the information you wanted when you went to the State Library ? 
 A. With regard to the books. 
 
 Q. With the information ; there were two propositions in the ques- 
 tion — as to your getting the books and the information. If that is 
 so, it is a good place to go to if you can get the information? A. 
 Such questions as I asked in regard to legal works. 
 
 Q. Your inquiries there were confined to the Law Library? 
 A. Yes, mostly; almost ejitirely. 
 
 Q. And in the Law Librar}'^ he furnished you such works as you 
 called for? A. Yes, or explained the absence of them. He seemed 
 to be well posted. 
 
 Q. How as to the miscellaneous departments? A. I never had 
 any occasion to examine it. 
 
 Q. You never had any occasion to question him in reference to 
 that? A. No. 
 
 Q. You never talked with him in reference to that? A. I^ot 
 except in a general way. 
 
 Q. Have you talked with him upon any literary or scientific sub- 
 jects? A. No. 
 
 Q. You know nothing about his qualifications or his attainments 
 in those matters? A. No; not as to miscellaneous subjects. 
 
 Testimony of W. C. Belcher. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — Well, that is a 
 matter a little difficult to tell. 
 
 Q. Where is your place of business? A. My place of business is 
 in San Francisco, and my legal residence is in Marysville. 
 
 Q. You are an attorney at law by profession ? A. Yes. 
 
185 
 
 Competency and Dcj^tortment of Librarian. 
 
 Q. You know Mr. Wallis, tlie Stute Librarian ? A. Yes. 
 
 Q. How long have you known him? A. Well, ever since he has 
 been connected with the library, and I could not tell how long that 
 has been. 
 
 Q. Have you had opportunities of knowing somethijig of his 
 qualifications for that position? A. Yes, I think so. 
 
 Q. Will you please state? A. I have frequently visited tlie library. 
 
 Q. You have visited the librarv frequently during that time? 
 A. Yes. 
 
 Q. And have had business tiiere very frequently ? A. Yes. 
 
 Q. Just detail what knowledge you have of his qualifications with- 
 out me asking any questions, and state what your relations have 
 been with him in his official capacity in the different branches of 
 the department of which he has the supervision ? A. I have had 
 occasion when he was in the Law Library to visit it a good many 
 times, and I have found him always attentive and efficient, and if 
 it is my judgment tliat you want as to his efficiency, I think that he 
 is the most competent 
 
 Mr. HoLL — We do not want your judgment; we want facts, and 
 the Trustees will form their judgment. 
 
 A. Then ask me such questions as you desire to have answered. 
 
 Mr. HiNKSON — Then I will ask you : You have stated in regard 
 to his efficiency and it has been objected to. State the facts on which 
 you liave formed that conclusion? A. I could hardly state the facts 
 other than what I have stated. AVhenever I have been attending 
 Court I have always had occasion to visit the library, and if I had 
 occasion to inquire for a book, whether in that department of the 
 library or in any other department of the library, I found that he 
 was familiar with the places of the books and could readily get 
 them for me. 
 
 Q. Li both the miscellaneous and law departments? A. Yes; it 
 would be hardly miscellaneous, because the books that I have had 
 occasion to call for out of the Law Library were largel}' engineering 
 and scientific books and books of travel. 
 
 Q. Just state what knowledge he displayed of that department — 
 the scientific department? A. He seemed to be entirely familiar 
 with the books, so that when I inquired for a book he could tell me 
 whether it was there or not, and if it was there, he could get it for 
 me, and that readily. 
 
 Q. What, if any, familiarity did he manifest with reference to the 
 contents of the books that you have called on him for? A. Some- 
 times he was entirel.y familiar with them, and sometimes the}' would 
 be on matters that I should not have expected him to be familiar 
 with. 
 
 Q. As a Librarian? A. Yes. 
 
 Q. Can you recall to mind any instance where you Jiave suggested 
 subjects to him upon which he has furnished 3'ou with authorities? 
 A. Yes; and that particularly when I was engaged in the examina- 
 
 24 
 
186 
 
 tion of the debris case. There were divers matters that I wanted 
 authorities upon, and I asked him in regard to them, and he fur- 
 nished me the books. On one occasion that I remember — but that, 
 however, was in regard to law matters — I asked for authorities upon 
 a particular subject, and there he exhibited a familiarity with the 
 books, and the particular books that I needed to consult, and that 
 was of considerable assistance to me. 
 
 Q. Your visits have been very frequent, during the period you 
 spoke of, to the library? A. I have been a pretty regular attendant 
 upon the sessions of the Supreme Court in Sacramento, for a good 
 while, during the entire term that he has been connected with the 
 library, and then from time to time at other times besides when the 
 Court was in session. 
 
 Q. What has been Mr. Wallis' conduct with reference to his dignity 
 and courtesy to yourself and other visitors when you visited the 
 library? A. I could not desire to have one more courteous than he 
 has always been — entirely so. 
 
 Q. Exceedingly accommodating? A. Yes. 
 
 Q. Can you relate any instance wherein he has manifested a spirit 
 of accommodation to yourself? A. Always, when I have called for 
 books, or asked for them, he has taken the trouble to get them, ordi- 
 narily, and always, when he was in the Law Library, he would select 
 them and bring them to me. That would be a matter of accommo- 
 dation. 
 
 Q. Has he served you out of office hours? A. Yes; he has always 
 served me out of office hours, and very frequentlj^ I have had occa- 
 sion to use the library even in the night, and even to the breaking of 
 the sun. 
 
 Cross-examiyiation. 
 
 Mr. HoLL — When you are in the librarj^ you are a pretty hard 
 worker, and are pretty closely confined to your labors? A. I ordi- 
 narily have something to do. 
 
 Q. What transpires outside of the Law Library you know very little 
 about when you are in the librar}^ examining your cases? A. I 
 would not probably know anything that was outside of that room. 
 
 Q. The efficiency of Mr. Wallis has been shown generally in his 
 ability to furnish you such books as you would call for in the Law 
 Library. Is that what I understand you to say? A. Li the Law 
 Library, and, so far as I had occasion to call for them, in the general 
 library. 
 
 Q. He did not furnish you with the authorities you would go there 
 to examine, otherwise than when you would call for them he would 
 find them? A. That would be finding books and bringing them to 
 me. On one occasion, on some particular subject — and I could not 
 tell you now what it was, but I simply remember the fact that there 
 was some subject arose there in the progress of a case in the Supreme 
 Court — it was suggested suddenly — and I asked him for authorities 
 on that particular subject, and the next morning he gave me quite a 
 list of authorities. 
 
187 
 
 Q. Whether he liimself examined the matter aiul looked it up or 
 whether some one else did it, 1 suppose you do not know? A. No. 
 
 Q. That was on one occasion? A. That was on one particular 
 occasion. 
 
 Q,. Outside of the Law Library your investigations have been on 
 scientific matters? A. Yes. 
 
 Q. Engineering? A. Yes; in engineering and matters that would 
 pertain indirectly to engineering, like matters of climate. 
 
 Q. At the time you investigated that matter, it was very generally 
 investigated and it was a matter of great concern, and a great many 
 men were inquipng in the same line that you were? A. I do not 
 know how many, or how many others may have been inquiring. 
 
 Q. That is a subject that has been very generally discussed, and a 
 great many lawyers have been engaged in these debris suits? A. 
 Yes. 
 
 Q. Within the last two years? A. Yes. 
 
 Q. And naturally a subject that interested you in preparing the 
 case would interest other lawyers to inquire into the same subject- 
 matter? A. I think not. I think that no other lawyer on our side, 
 and so far as I know, no other one on the other side, went into that 
 particular kind of investigation at all. It may be that some of them 
 did, but I speak so far as it came in that case. 
 
 Q. What was the particular department that you were examining 
 at the time Mr. Wallis served you in that way? A. Engineering 
 questions, with reference particularly to water-hydraulic engineering. 
 
 Q. That is a subject that is very common in California — in refer- 
 ence to water and irrigation— that is a great cjuestion in this State? 
 A. Yes. 
 
 Q. Necessarily that is a subject in which a great many people are 
 interested? A. Yes. 
 
 Mr. J. S. Wallis — Did you find him familiar with the suVjject- 
 matter as well as the authors and the respective books that you were 
 looking for? A. Well, now, except generally, that is a question that 
 I could not answer, for the reason that I did not have occasion to 
 discuss the questions involved with him, but in several instances he 
 got authorities for me, and not only found the books for me, but 
 turned me to the particular subjects for which I was immediately in 
 search. 
 
 Q. He showed that he had some familiarity? A. That showed 
 that he had some familiarity with the subject, so far ; yes. 
 
 Mr. HoLL — Did you ever get any idea from Mr. Wallis upon the 
 subject of hydraulic engineering, further than to have him get the 
 books and look them over, and refer you to the subjects that were 
 treated in them? A. No, probably not; at least I have no recollec- 
 tion of it. 
 
 Q. Independent of finding the matter in the books for you, did he 
 ever talk with you or give you any knowledge of the subject? A. I 
 do not think I ever discussed the questions involved with him ; I 
 may have done so, but if so, it has passed out of my recollection. 
 
 Q. He would simply get the books and look through them, and 
 refer you to what he found in the books? A. Yes; and to what I 
 wanted. 
 
188 
 
 Q. That he could tell by looking over the books? A. And now, 
 that you speak of that, I remember that I had occasion also to exam- 
 ine several of the books published by the Geographical Society of 
 London ; if I remember right that was with reference to the water 
 question also, and I remember telling him what I wanted in regard 
 to those books, and he found the books for me so that it saved me a 
 great deal of labor in the search for the particular matter that I was 
 seeking for. 
 
 Q. That is, he simply found you the volumes? A. He found me 
 the volumes and the places, and put in marks ready for me to use. 
 
 Mr. HiNKSON — In applying to him for these books, did he pick out 
 books other than those in the English language? A. Yes; I think 
 that of the engineering books the larger portion of them were in 
 French. 
 
 Q. He showed an equal familiarity with those books as he did with 
 the others? A. In referring me to the subjects and the books. 
 
 Mr. J. S. Wallis — When there were several authors on the same 
 subject, would he suggest to you one particular author as probably 
 being the best for you to consult? A. In regard to that I do not 
 remember. 
 
 Mr. HoLL— Does Mr. Wallis read French ? A. That I could not 
 answer, whether he does or not. 
 
 Q. Did you learn when he referred you to French works on 
 hydraulic engineering whether he understood anythii>g about those 
 books ; being able to read them ? A. Whether he did or not I do not 
 know, because when I went into the library the books had been 
 selected and had been laid out for 'me, and I took them and some- 
 times examined them there, and sometimes took them to my room 
 for examination, and whether he reads French or not, I could not 
 answer. 
 
 Q. Those matters, then, so far as he was connected with the subject, 
 did not necessarily imply that he could read the contents of those 
 books? A. Well, if I were to make simply an application which 
 would be without any knowledge, I should suppose that he must have 
 some little familiarity with it, but whether he could read it readily 
 or not, would be entirely another thing. 
 
 Q. You do not know whether he understands a word of French, 
 do you ? A. No. 
 
 Q. It was not a necessary thing, then, that he should understand 
 French in order to furnish you with what he did ? A. It would be 
 necessary that he should have some little knowledge, in order to 
 understand the terms and to know where things were to be found, 
 although there is such a similarity between many of the words in 
 French text books and English that it is possible he could tell. 
 
 Q. If it should turn out that he did not know a word of French 
 how would you account for it? A. Well, eitlier that there was such 
 a similarity in the words between the English and tlie French words 
 that the meaning would suggest itself, or else that other parties had 
 examined the book and turned to the same places. If one knew 
 nothing about it tliat would be the only way that I could account 
 for it. 
 
189 
 
 On Friday, January 4, 1884, the following additional testimony 
 was taken at San Francisco, beloro Trustee Johnson : 
 
 Testimony of John S. Enos. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — I reside in San 
 Francisco. 
 
 Q. What official position do you hold at this time? A. I am 
 Commissioner of the Labor Bureau of Statistics of the State of 
 California. 
 
 Q. You were formerly State Senator from this city? A. I was 
 elected Senator in 1879 from the Thirteenth Senatorial District, from 
 this city, and served as such during- the sessions of 1880 and 1881 
 and the extra session that was called. 
 
 Q. Your official and private duties have called you to the office of 
 the State Librarian frequently' during the past two years? A. Yes. 
 
 Competency and Deportment of Librarian. 
 
 Q. You know Mr. Wallis, the State Librarian? A. I knew Mr. 
 Wallis while he was there under Mr. Cravens, and after he was made 
 Librarian. 
 
 Q,. You have had transactions with him as Librarian often, have 
 you not? A. Well, I would not say daily, but it was almost every 
 day that I had occasion to resort to the State Library, for informa- 
 tion and references, and called upon him in his official capacity as 
 Librarian. 
 
 Q. Will you please state. Senator, what you know of his qualifi- 
 cations for that position, and also what you know of his conduct 
 with reference to his dignity and dei)ortment in the office, and his 
 courtesy and treatment of yourself and other visitors? A. Well, as 
 I was going on to remark, I frequently visited the office, and my 
 experience with Mr. Wallis was'always that he was courteous, very 
 gentlemanly and obliging. Whenever I could not go myself, and 
 Avhenever a messenger boy was sent there for anything. Mr. Wallis 
 would in most cases come personally' and ask what information I 
 desired, and he would bring it to me personally. In many instances 
 I remember that. He imi)ressed me as being a very efficient and 
 gentlemanly officer. That was the impression that 1 received from 
 my intercourse with the office and from my acquaintance with Mr. 
 Wallis. I never saw anything that was out of the waj', and I never 
 saw anything but Mdiat was perfectly gentlemanly. 
 
 CroHS-examination. 
 
 Mr. HoLL — Was it in the law or the miscellaneous library that you 
 had occasion to carry on your examinations? A. Both; I think both 
 the Law Library and the miscellaneous. 
 
190 
 
 Q,. What branch of the miscellaneous library did you use? A. 
 Well, historical, a good deal; and I recollect, in relation to the debris 
 question, that I was in there very often to study up its history. 
 
 Q. The matter of debris, hydraulic engineering, and matters of 
 that kind? A. Yes. 
 
 Q. What was the service that you required of Mr. Wallis? A. 
 Well, for instance, if I wanted any books, or anj^ references to any 
 books, I would go in there, and Mr. Wallis — I think that I consulted 
 him principally while lie was in there. 
 
 Q. Well, was the service you required of him to furnish you such 
 books as you desired to examine? A. Well, for instance, there was 
 a discussion on the charter of San Francisco, and it was principally 
 a question of law, and I wanted the decisions of the different State 
 Courts. I recollect that Mr. Wallis furnished me those books. 
 
 Q. You would give him the subject upon which you would want 
 information, and you would want to know what the Courts had 
 decided on particular points that were involved, and you would give 
 him the points, and he would look up the cases where those matters 
 had been decided, and furnish you the authorities? A. Yes, he would. 
 
 Q. During your intercourse with Mr. Wallis, did you ever enter 
 upon any discussions with him about general literature, so that you 
 are able to state whether he has any knowledge or any acquirements 
 or any literary or scientific attainments? A. I do not know as I 
 ever paid any particular attention to that branch of the subject. 
 
 Q. You do not remember of any conversations that you had* with 
 him? A. No; not particularly. 
 
 Q. Or any discussions about any different authors? A. No. 
 
 Q. Or as to historical works or matters of science? A. No; I have 
 no remembrance of any particular discussion. 
 
 Q. I understand you to say, then, that he was always ready to serve 
 you in such matters as you required? A. Yes. • 
 
 Q. Without being able to state from your knowledge anything as 
 to his literary or scientific attainments? A. No; I never had any 
 occasion, and my attention w^as never called particularly to investi- 
 gate whether he was a man skilled in the sciences, or anything of 
 that kind. 
 
 Mr. HiNKSON — Can you call to mind any circumstance where he 
 rendered you service other than simplj'" furnishing you the books 
 that you called for? A. There is one little matter; it is a little mat- 
 ter, but I will refer to it. In the discussion of the debris question, 
 the subject-matter in relation to dykes, and the extent of rivers and 
 their flows, came up, and the river Po was mentioned, and Senator 
 Cheney had alluded to it in his opening speech upon that question, 
 and it becameasubjectof deep interest — thatquestion amongothers — 
 and I called upon Mr. Wallis for information, and he gave me all 
 the information that could be derived upon that subject, and he took 
 the books down and put marks in them. Upon the charter question, 
 in relation to the constitutional points that were raised, and on sev- 
 eral other occasions, he rendered me valuable aid by giving me infor- 
 mation which of course I did not know where to find in the librar3^ 
 not being posted in relation to the matters; and when I went in and 
 
191 
 
 said to him, Can you tell me about such and such a subject? he 
 would go personally and take down the books, and give them to me, 
 and give me references to others. That is what I meant when I said 
 he rendered me valuable assistance; but as to the question that was 
 put to me whether I ever discussed any particular branch of science 
 or anything of that kind, with Mr. Wallis, I do not know as I ever 
 did. I never had any occasion to. I was on the Committee on Fed- 
 eral Relations. Senator Baker was Chairman of that committee, and 
 I wanted to post myself upon some matters that came before our 
 committee — some Congressional matters — and I went to Mr. Wallis, 
 and he went Avith me and took down certain Congressional reports, 
 and furnished me with the inlbrmation. For instance, there was a 
 bill introduced by Senator Grove Johnson — something in relation to 
 curtailing the freedom of the press — providing for individual respon- 
 sibility for certain articles that might be ])ublished. It was the same 
 bill in substance thai he had introduced when he was in the lower 
 house. I wanted to investigate that matter. I knew that Luke 
 Poland, of Vermont, had made himself, in the estimation of a great 
 many, obnoxious, by reason of his course in relation to a similar 
 matter. I went to Mr. Wallis, and he spent nearly an hour ^vith me 
 in furnishing me with the information. Of course, that had passed 
 out of my mind. 
 
 Q. On these occasions he made the examinations and furnished 
 you the authorities? A. Yes, certainly ; for which of course I felt 
 very thankful, and, as I say in a general way, I never saw anything 
 but wdiat indicated that he was perfectly" familiar with the duties of 
 his office. I knew him when he was under Mr. Cravens, and when 
 this matter came up I wrote him this note that you handed to me. 
 
 Mr. J. S. Wallis — During your interviews with Mr. Wallis as 
 State Librarian, did you find him as familiar with the subject-mat- 
 ters of your investigations as he was with the names of authors and 
 of their books, and where they could be found in the library? A. I 
 did; yes. 
 
 Testimony of W. B. May: 
 
 Called and sworn on behalf of the defense. 
 
 Mr. J. S. Wallis — Where do you reside? Answer — I reside in 
 San Francisco. 
 
 Q. What is your occupation? A. I am an attorney at law. 
 
 Q. Have you held any public position during the past ten years, 
 and if so what? ' A. I have. I was a member of the Legislature of 
 1877-S, and the three subsequent ones. I was a member of the As- 
 sembly. 
 
 Competency and Deportment of Librarian. 
 
 Q. During that time were you acquainted with the State Librarian, 
 Talbot H. Wallis? A. I was very well acciuainted with him. 
 
 Q. Had j'ou occasion to visit the State Library for any purpose 
 whatever? A. Daily, and sometimes several times every day. 
 
192 
 
 • Q. For what purpose? A. To obtain information relating to spe- 
 cial subjects. 
 
 Q. You had interviews with the Librarian? A. Very frequently. 
 First, in 1877-8, when he occupied a subordinate position — I under- 
 stood that of messenger, or porter, or clerk — and next, when he was 
 himself appointed Librarian. 
 
 Q. During that period, and when you visited the library, what 
 was his conduct and demeanor towards you and towards others? A. 
 Always most courteous. I never remember an exception to it. 
 
 Q. During your interviews with him did you find him familiar 
 with the subject-matter of your investigation as well as he was with 
 authors and books and where the books could be found in the 
 library? A. Well, remarkably so, as I thought. I do not remember 
 that I ever went to him on a subject that he was not able to enlighten 
 me and bring me in contact with it in its best aspect. 
 
 Q. And that, too, without reference to the books? A. Yes; I went 
 to him frequently on questions with reference to certain words little 
 in use. I noted this particularly the first session, when he occupied 
 a subordinate position, and to my mind he showed a remarkable 
 knowledge of books and of things, and always supplied with the 
 information, usually verbally. When i would go to him on a sub- 
 ject he would tell me verbally what the authorities said, and then 
 would give me the authorities, or send them by a messenger into the 
 Assembly and lay them on my desk. 
 
 Cross-examination. 
 
 Mr. HoLL — Give us some instance that occurred between you and 
 Mr. Wallis that illustrates the matter about which j-ou have testified? 
 A. Well, of course, it would be difficult to give you any extended 
 illustration, but I remember particularly one with reference to the 
 water supply of London. I remember that particularly. The Spring 
 Valley question was up. That was in the Legislature of J 877-8. 
 There was very important legislation in reference to the Spring Val- 
 ley, in which 1 took an active part, as the colleague of John F. Swift. 
 I wanted certain information. A certain statement had been made 
 on the floor with reference to the water sup{)ly of the City of London, 
 and in answering it I wanted exact information about it. I went to 
 the library for that purpose, and met Mr. Wallis, and Mr. Wallis lold 
 me how the City of London was supplied with water. I wan tell the 
 authorities, and he went and got some large volumes and brought 
 Ijiem to me, and I found what I wanted, and I had the books carried 
 into the Assembly, and I found that he was right on that. 
 
 Q. What books did he furnish you? A. I do not remember the 
 titles; they were large volumes giving the history of the water 
 supply of London. 
 
 Q. And of the different cities in the world ? A. Yes, including 
 London. 
 
 Q. Works devoted to the subject of city water supplies? A. Yes, 
 chiefly. 
 
 Q,. That, you say, was a matter that was at that time under discus- 
 sion? A. It was under discussion in the Assembly. 
 
193 
 
 Q. And that matter was one of considerable importance in the 
 Legislature? A. I so thought. 
 
 Q. And a good many others thought so, did they not? A. Yes, I 
 remember very well, if you will pardon me, that the information I 
 got from Mr. Wallis and from the books, enabled me to slaughter 
 some of my opponents on that occasion. 
 
 Q. You came off victorious; that is what makes you remember it? 
 A. Yes. 
 
 Q. What information did you get from Mr. Wallis outside of what 
 you found in the books? A. Well, I do not know; I do not remem- 
 ber that I ever gained any information from him that was contradic- 
 tory to the text. 
 
 Q. It was simply stating to you what you would find in the books? 
 A. Yes, in substance. 
 
 Q. Can you give us any other instance? A. Well, I do not recall 
 any other ; I might, perhaps, if I would study about it for awhile. 
 
 Q. In your intercourse with Mr. W\allis, did you ever have occa- 
 sion to discuss any literary subjects? A. I must have done so, I 
 should say. 
 
 Q. Do you remember whether you did or not? A. If you ask me 
 that flatly, I should say I certainly did, but if you wanted an illus- 
 tration, I probably could not give it to you, because my mind does 
 not now travel over the subject. 
 
 Q. What was the matter under discussion? A. Well, I am not 
 able to put my finger on it. 
 
 Q. I am asking you this question for the purpose of ascertaining 
 whether you learned anything about his literar}^ acquirements? A. 
 Well, I know of dozens of cases with reference to the derivations of 
 words, and of the particular meaning of words in bills that came up 
 before my committee. I was Chairman of the Committee of Ways 
 and Means, and some very important bills came before us, and in 
 going through the bills we would often find words that I thought 
 were used doubtfully, and I often referred to Mr. Wallis, and always 
 with great happiness to myself, getting the derivation and the real 
 signification. 
 
 Q. Did you prefer Mr. Wallis' authority to that of Webster or 
 Worcester? A. No. 
 
 Q. Why did not you refer to those standard authorities? A. In 
 some cases the ^to^d could not be found there at all, and you had to 
 go to the Greek or Latin to obtain it. 
 
 Q. Then what did you do, when you could not find it in either 
 Worcester or Webster? A. I went to Mr. Wallis, and he very soon 
 put me on the right track. 
 
 Q. You mean to say that such words as you could not find in 
 Webster or Worcester he was perfectly familiar with? A. No, I do 
 not say that. 
 
 Q. '^Phen what do you mean to say? A. I saj'^ that frequently he 
 was able to put me on the right track. 
 
 Q. Would he trace back those words to the original Greek signifi- 
 cations? A. I cannot say with reference to the Greek. He often 
 did it in reference to the Latin. 
 
 25 
 
194 
 
 Q. He understands the Latin language? A. That I cannot 
 answer. I never conversed with him on that subject, but I know 
 that he very often went to the Latin roots of words — very frequently. 
 
 Q. Did you make up your mind that he understood the Latin 
 language? 
 
 Objected to. 
 
 Q. Did you have any such relations with Mr. Wallis that you 
 learned from the books that he brought to you that he must neces- 
 sarily have understood the Latin language? A. Well, there is an 
 impression on my mind that he had some fair knowledge of the 
 Latin language. 
 
 Q. What are the facts about it? A. I have given you the facts, 
 that I went often to him and he carried me to the Latin roots of 
 words. He often carried me to the Latin roots. 
 
 Q. Do I understand you to say that, during your intercourse with 
 him, you became satisfied that he had an understanding of Latin? 
 
 Objection sustained. 
 
 Testimony of William Irwin. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — You are a member of the State Board of Harbor 
 Commissioners at present? Answer — Yes. 
 
 Q. You have been Governor of this State? A. Yes. 
 
 Q. During what time? A. I was Governor from the ninth of 
 December, 1875, I think, until the first Thursday after the first 
 Monda}' in January, 1880. I do not recollect the day of the month 
 now. 
 
 Competency and Deportment of Librarian. 
 
 Q. You know Mr. Wallis, the State Librarian ? A. Yes, I know 
 Mr. Wallis. 
 
 Q. Had you frequent intercourse with him during your adminis- 
 tration? A. Yes, during the period that he was in the library; I 
 think during the whole period. Of course I was very often in the 
 library. 
 
 Q,. Will you state what you know of his knowlerke of the library 
 and of the duties of the office, and the way that he nas administered 
 the duties of the office, so far as your information extends in regard 
 to it, and your personal observation ? A. Well, I think Mr. Wallis' 
 acquaintance is very good with the books that are in the library, 
 and the places that they occupy in the library, and everything of 
 that kind. 
 
 Q. What has been Mr. Wallis' conduct with reference to deport- 
 ment and dignity in the office and courtesy towards yourself and 
 other visitors? A. Well, Mr. Wallis has always extended to me all 
 the courtesy and consideration that I could ask or expect, and he has 
 done the same to others, so far as my observation has gone. 
 
195 
 
 Q. I will ask you if you can call to mind any instance where you 
 have sought information from Mr. Wallis on matters pertaining to 
 the office? A. I do not know that I ever sought information of Mr. 
 Wallis, except to ask him for books that I desired. When I have 
 sought books he has always either got them himself or directed some 
 otlier person to go and get them very promptly. I, individually, 
 have always received all the attention in that respect I could ask 
 from any one. 
 
 No cross-examination. 
 
 Testimony of P. H. Ryan. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKsoN — Wliere do you reside? Answer — At Eureka, Hum- 
 boldt County, California. 
 
 Q. You are at present one of the State Senators from your county ? 
 A. I represent t)ie Twenty-seventh Senatorial District in the State 
 Senate. 
 
 Q. What positions have you filled under the State Government in 
 past years? A. I was Engrossing Clerk of the Senate one session, 
 the first session in Governor Irwin's administration, I think 1875-6. 
 Since 1879 I have been a member of the State Senate. 
 
 Competency and Deportment of Librarian. 
 
 Q. You know Mr. Wallis, the State Librarian ? A. Yes. 
 
 Q. How long have you known him? A. Well, I met him at the 
 State Capitol at the various times I have been there, both as Engross- 
 ing Clerk and Senator. 
 
 Q, State any facts that j'ou know in reference to his qualifications 
 for that position? A. I do not know whether I am a proper person 
 to judge of qualifications. 
 
 Q. From the facts that have come under your observation ; from 
 your standpoint ? A. I always found Mr. AVallis there, and I always 
 found him courteous and obliging, and anything I ever wanted in 
 connection with my business in the library he always was very 
 willing to give me any aid that he could. If I wantecl a book ]\Ir. 
 Wallis found it for me at once. He seemed to me to be a xery valu- 
 able person in that position. 
 
 Q. Did beseem ready to give you information? A. Yes; alwaj's 
 so far as I am personally concerned. 
 
 Q. Did he seem to understand his duties? A. I should think so; 
 yes. 
 
 Q. From the manner in which he responded to your requests? 
 A. I should judge so; yes, that would be my opinion. 
 
 Mr. J. S. Wallis — When you called upon him for information 
 on any subject, was he capable and did he ever give you the informa- 
 tion without reference to any authority ? A. I do not remember of 
 ever asking Mr. Wallis' opinion upon any question. Perhaps I may 
 
196 
 
 have in casual conversation, but I do not remember it. I have 
 frequent!}^ gone there for books — both the statutes of this State and 
 those of other States, and for certain laws, I think, at times — and he 
 found them for me. I have also gone there for decisions of the 
 Supreme Court of this State and of other States, and Mr. Wallis liad 
 invariably shown a willingness, and seemed to be very willing, to 
 accord any information that I sought in that way. 
 
 Q. He showed a familiarity with ail books pertaining to the 
 library? A. I think so; yes; it appeared so to me. I do not know 
 whether I am a competent person to judge as to his qualifications in 
 that matter or not. 
 
 • Cross-examination. 
 
 Mr. HoLL — Give us some instance that occurred that made an 
 impression on your mind that he was perfectly familiar with the 
 library and its contents? A. I do not know that I can recall any 
 particular instance. It seemed to be his course always, from the 
 time that I was connected with the Legislature. I have been in 
 there frequently, and when I met Mr. Wallis, when I was Engross- 
 ing Clerk, he was a stranger to me, and I did not even know his 
 name; but I found hiiu there in connection with the library, and I 
 found him very ready to give me any information that I wanted. 
 I supposed that that was his duty. 
 
 Q. So far as you are concerned, his civilitj', and readiness, and 
 willingness to serve you is about all you know of him? A. Yes, 
 my acquaintance with him extends only to that. 
 
 Q. As to what information he may have upon any general subjects, 
 do you know anything about that? A. I do not. I do not remem- 
 ber ever having interchanged views with him or asked his opinion 
 about anything. If I ever have I do not remember it. 
 
 Testimony of J. F. Wendell. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. J. S. Wallis — Where do you reside? Answer — My office is 
 in San Francisco, and my residence is in Solajio County, at Suisun. 
 
 Q. What is your occupation ? A. Lawyer. 
 
 Q. During the past teji years have you occupied any public 
 position, and if so, what? A. I was State Senator during 1880 and 
 1881. 
 
 Comjjeteyicy and Deportment of Librarian. 
 
 Q. Are you acquainted with Talbot 11. Wallis, the State Librarian? 
 A. Yes, I have been acquainted with him for several years past. 
 
 Q. In your official and private cai)acity have you had occasion, 
 during the period I refer to, to visit the State Library for any pur- 
 pose? A. Yes, I visited it quite frequently. While at Sacramento 
 I visited it daily almost. 
 
197 
 
 Q. What was the conduct of Mr. Wallis, and liis deportment 
 towards you and others, in the library? A. Well, I always found 
 him very attentive and very obliging. When I first went to tiie 
 State Library it was before I was elected to the State Senate. For 
 several years I had occasion to go up there, more or less each year, 
 to be in attendance on tiie Supremrc Court, or on business in the 
 Land Office, or in some of the departments about the State Capitol, 
 and if I had any leisure time I was in the habit of going into the 
 library and spending my time there; and that was before I was 
 personally acquainted with Mr. Wallis, that is to know who he was. 
 I thought he was exceedingly obliging and attentive to myself, when 
 I was but a comparative stranger to liim, as well as to others who 
 came in there. Afterwards, while I was a State Senator, of course, 
 being in the same building and attending daily sessions, 1 had 
 occasion to use the library every day. I know that he was of a great 
 deal of service, both to myself and to other members of the Legis- 
 lature. 
 
 Q. Did you have occasion to call upon him for information or 
 authorities upon any subjects? A. Yes; my intercourse was more of 
 course with relation to the law department of the library, and in that 
 I know that Mr. Wallis showed a great deal of fiimiliarity with the 
 cases and the decisions — I thought an unusual familiarity for a per- 
 son who is not a lawyer. I would go to him and ask for ai;tliorities 
 on certain propositions, or I would ask him where I could find cer- 
 tain works or certain decisions, and he would say in such a volume 
 of reports, for instance. 
 
 Q. In your interviews with him you found him as familiar with 
 the subject-matter of your investigation as with the authors and the 
 books and the places where they were to be found in the library, did 
 you? A. I think so. I think in the law department he seemed to 
 understand where all the books were. Of course, in the library the 
 arrangement would be changed at different times, and whenever I 
 would ask Mr. Wallis where he kept such a book, he always directed 
 me where the book was. 
 
 Q. In applying to him for any information on any subject, would 
 he at any time give you the information without reference to any 
 authority? A. In law matters, yes. I had very little do about other 
 matters, but I always thought that he was familiar with that depart- 
 ment, so far as I had any occasion to talk with him. 
 
 Cross-examination. 
 
 Mr. HoLL — The miscellaneous library you have not had much to 
 do with? A. Not much. There is a branch that I had a sort of 
 peculiar taste for — Niles' Registers and Biographies — and I know 
 that he always seemed familiar with it. I would call on him to know 
 where certain books were, or a certain ckiss of books, and he always 
 directed me without difficulty. 
 
 Q. Beyond the fact of his being able to find the works, showing a 
 familiarity with the mechanical arrangement of the library, what 
 other information did he ever furnish you — in the Law Library, I 
 
198 
 
 mean? A. Well, for instance, a point came up in the discussion on 
 the revenue bill, and I remembered cases that had been cited by our 
 Court, and cases that had been decided bj^ the Supreme Court of the 
 United States, and other Courts, bearing on that question. We had 
 a great deal of discussion as to the constitutionality of the various 
 revenue bills, and there were Other matters, and those cases each 
 struck me that he was verj^ familiar with them, for a person that was 
 not a lawyer. 
 
 Q. That was a subject-matter that was very much investigated ? 
 A. That was more so, of course, than others. I think there were a 
 great many other cases, but there were none that impressed them- 
 selves as much on my mind as those cases. 
 
 Q. There would be naturally a great many Senators and Repre- 
 sentatives in the same condition that you were in who would investi- 
 gate that subject, and they would necessarily go to the library to get 
 the information. That is so, is it not? A. Yes; that is so. 
 
 Q. Then that particular subject-matter, and the decisions that had 
 been rendered upon it, and the authorities of text writers upon con- 
 stitutional questions of taxation, would be a matter investigated to 
 a considerable extent in the library? A. Well, that would be so, of 
 course. Some questions have been investigated much more than 
 others, but, as I said before, there were different questions, and this 
 w'as impressed more strongly on my mind, because I paid more atten- 
 tion to it perhaps. 
 
 Q. What other questions do you think of? A. Well, we had, dur- 
 ing the second session, the question of the constitutionality of the 
 tax levy, and I suppose you have heard of the "slickens" question, 
 
 Q. Yes; we have had a little information around Sacramento about 
 "slickens." A. I thought it was unusual for a person occupying that 
 position, and not an attorney at law, to have as much familiarity 
 W'ith the laws and with the principles of decisions. I do not mean 
 simply referring to the title of a case, or to saj' that such a case is in 
 such a book, but I mean a familiarity with the principles decided by 
 those different cases. That, I thought, required some mental acquire- 
 ments. 
 
 Q. A man who had been in that position for ten or twelve years, 
 and who had frequently been called upon b}' attorneys for books that 
 contained decisions upon those subjects — would it be at all strange 
 that he should know some little about it? A. I think a good many 
 lawyers, if they had been in the library, could not afford as satisfac- 
 tory information on those subjects as Mr. Wallis did. 
 
 Q. What makes you think that? A. Well, as I said, his acquaint- 
 ance with the principles of the cases. He was able to make a state- 
 ment in substance of what the case was and to tell what was decided 
 by it. Of course, I understand that any one might refer to the simple 
 title of a case. 
 
 Q. Outside of the Law Library did you ever have occasion to dis- 
 cuss matters of science, literature, history, biography, or subject- 
 matters of that kind with him? A. No; I do not know that I ever 
 had any discussion with him. In fact, there are ver\^ few men that 
 I can say that I ever had discussions with on any of those subjects. 
 
199 
 
 Of course, tlicre are references, in conversation among gentlemen, to 
 historical matters sometimes, and to poetical or literary matters. I 
 thought that Mr. Wallis seemed familiar enough. I never knew him 
 to betray any ignorance on those subjects. 
 
 Q. Do you recollect having any discussion in which he displayed 
 any intelligence or any i)articular knowledge on any subject of that 
 kind? A. As I said, there never has been any conversation between 
 us, or any special discussion that I remember of, about literary or 
 scientific subjects, but in allusions to any of these matters, or to lit- 
 erary matters, and authors, and quotations, etc., I never noticed any 
 ignorance on Mr. Wallis' part. I thought his conversation was that 
 of an educated gentleman. 
 
 Q. Have you any recollection now of any instance where anything 
 of that kind occurred, or is it merely a general impression? A. It 
 is a general impression. 
 
 Q. You cannot recollect any circumstance of that kind? A. I do 
 not know that I can. 
 
 Q. You simply know that no impression was made on your mind 
 by Mr. Wallis that he was particularly wanting in intelligence 
 upon those subjects? A. Of course. Understand, that if you are 
 acquainted w-ith a gentleman and see him frequently and converse 
 with him, you form a general impression as to his qualifications and 
 attainments, and as I said, Mr. Wallis always impressed me that he 
 was fully competent for that position, and that he showed an intelli- 
 gent interest in the library and in its welfare. 
 
 Testimony of G. J. Carpenter. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — What is your profession? Answer — Practicing 
 attorney. 
 
 Q. You are one of the Railroad Commissioners of this State? A. 
 I am; that is generally known, I guess. 
 
 Q. You have been a member of the Legislature within the last few 
 years in this State? A. Well, I have almost forgotten when I was a 
 member last ; 1875, I think it was. 
 
 Q. From what county? A. El Dorado. 
 
 CoinjDetency and Deportment of Librarian. 
 
 Q. Do you know Talbot H. Wallis, the State Librarian? A. I do, 
 
 Q. How long have you known him? A. I think about ten or 
 twelve years. 
 
 Q. During that period has your business called you frequently to 
 the State Library and in contact with Mr. Wallis? A. Well, I have 
 been there several times, possibly as often as most attorneys. 
 
 Q. During the time you were a member of the Legislature did your 
 business call you there frequently ? A. Well, when I was a member 
 
200 
 
 of the Legislature, I do not think that I visited the librarj"^ very 
 often ; I made use of the Pages a great deal, and sent for books ; I was 
 in there, however, occasionally, and sometimes I was seeking for cer- 
 tain books myself. 
 
 Q. Did 3'ou ever seek information from Mr. Wallis? A. I have. 
 
 Q. Just state, if you please, what you know of his qualifications 
 for that position ? A. Well, in a general wa,y, which is the only way 
 that one can state transactions from time to time running through 
 several years, I have always found him very accommodating, and 
 seeming to have a general and intelligent comprehension of his 
 duties. 
 
 Q. Courteous and accommodating to yourself and others in your 
 presence? A. Always. I thought exceedingly so, and exceptionally 
 so. 
 
 Cross-examination. 
 
 Mr. HoLL — I understand you to say that you have gone to the 
 library and sought information through Mr. Wallis, or from Mr. Wal- 
 lis? A. I do not desire to be understood as asking him questions 
 going to his knowledge of books, and of the contents of the books. 
 
 Q. That is what I wanted to know, if you did that? A. No; I do 
 not recollect to have done so; I may have; but I have frequently 
 gone to him for books, and have asked him for them by title, and 
 have always found him very ready, and seemingly intelligent. 
 
 Q. Tliat is, intelligent to the extent of knowing where the books 
 were kept, and being able to find them? A. ^'^es; being able to find 
 then], and producing them very quickly. 
 
 Q. Being civil in his conduct and ready to serve you? A. Always. 
 
 Q. That is about the extent of what you know of Mr. Wallis as a 
 Librarian? A. That is about the extent. Of course, I have had 
 private conversations with him, and I have known him personally 
 outside of the library. 
 
 Mr, HiNKSON — You remember any circumstance where he assisted 
 you in looking up authorities on any question relating to statistics? 
 A. I was trying to think. I have a dim recollection of things of that 
 kind, but I cannot fix the time nor the occasion'. I have no doubt 
 in the world that I have asked him questions concerning books, and 
 what books he thought I could find in the library touching some ques- 
 tions that I was interested in and was trying to elaborate upon, but I 
 do not recollect time or occasion. 
 
 Testimony of Stephen G. Nye. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. J. S. Wallis — Where do you reside? Answer — Li Alameda 
 County. My business is in Oakland. 
 
 Q. What is your occupation? A. Lawyer. 
 
 Q. During the past ten years have you held any public position, 
 
201 
 
 and if so, what? A. Well — within ten years — I was County Judge 
 of Alameda County from 1867 to 1878, when I resigned. In 1879 I 
 was elected to the Senate, and was in the Senate in 1880 and 1881. 
 
 Competency and Deportment of Librarian. 
 
 Q. During that period had you any occasion to visit the State 
 Library? A. In the Winters of 1880 and 1881, very frequently — 
 daily, almost. 
 
 Q. Were you acquainted with tlie Librarian, Talbot H. Wallis? 
 A. Yes; he was deputy, I think, then. I know he was. He was in 
 the law department, and I became acquainted with him to know who 
 he was, in the Winter of 1880. 
 
 Q. Will you state generally your knowledge of his competency 
 and his knowledge of what the library contained, and also as to his 
 conduct towards yourself and others who visited the library in your 
 presence during the time that you visited the library? A. My visits 
 to the librai'y were almost solely to the law department. I was Chair- 
 man of the Judiciary Committee of the Senate in the Winter of 1880, 
 and that being the hrst session after the adoption of the new Consti- 
 tution, there were a multitude of questions and bills referred to the 
 Judiciary Comniittee on constitutional questions, and my position 
 as Chairman involved a good deal of personal labor, and I began with 
 the idea of looking up all those questions myself; but I found that 
 Mr. Wallis was very ready to assist, and I turned the work over to 
 him, largely, in hunting authorities, and I found him of invaluable 
 assistance, and I thought him the most competent man I had ever 
 met in work of that kind — in hunting authorities, and the judicious 
 selection of authorities that bore on a case. 
 
 Q. In your interviews with him did you find him as familiar with 
 the subject-matter of your investigations as with the names of the 
 authors and of the books and the places where they could be found 
 in the library? A. It seemed to me so, yes; so much so that I 
 imposed upon him, perhaps, work in my private capacity as a law- 
 yer that I need not liavedone. In the Winter of 1881 I had a couple 
 of very important cases — one involving the settlement of a partner- 
 ship, where one of the partners had died; and another to ascertain 
 the law as to how far a deed made before death would operate in the 
 place of a will, or whether it would operate — and being in the Legis- 
 lature, and not having time to look them up, I turned over the ques- 
 tions and the labor of hunting authorities to bear on the subject, to 
 Mr. Wallis, and I afterwards verified them by hunting up everything 
 that I could find, and I thought he had exhausted the subjects. I 
 found no new authorities, and his comments and memorandum which 
 he gave me indicated to me that he had particularly^ good discrimi- 
 nation in determining what applied to cases. My general idea was 
 that he was exceedingly competent in the law department. 
 
 Q. When you applied to him for information upon any subject 
 did you find him ready to give you a reply without referring to the 
 authorities ? A. Yes, always ready. He could always give me some 
 
 26 
 
202 
 
 idea of where I could find references to the subject and where it 
 was treated. 
 
 Q. Would he at the same time be able to give you any information 
 in addition on the subject? A. Yes, that is what I intended to 
 convey by my answer, and that is why my attention was called to 
 him. I always thought he was the right man in the right place in 
 that department. I have been in the Law Library a great deal, and 
 I found him the most efficient man I ever met in a Law Library. 
 I think that I express the universal opinion when the subject was 
 brought up, and I have referred attorneys frequentlj^ to him to assist 
 them. 
 
 Q. You did that because of your knowledge of hira and the 
 information that you had received of him ? A. Yes. 
 
 Q. And his competency? A. Yes. Of course I formed that 
 opinion, in the first place, from my knowledge of him in 1880. 
 
 Cross-examination. 
 
 Mr. HoLL — Outside of the Law Library, have you any knowledge, 
 gained through intercourse with Mr. Wallis, as to the extent of the 
 information that he possesses of the library and its contents, or as 
 to his knowledge on general subjects? A. No, I have not. I never 
 had occasion, and I do not think that I ever consulted authorities. 
 Yes, I will say that I had on one occasion. There was a bill before 
 the Legislature once, with regard to investigating the water supplies 
 of the San Joaquin Valley, with a view of making appropriations, 
 and with regard to that I wanted to look up tlie irrigation question, 
 and find out what had been done in other cases, and I applied to 
 him to know wliere I could find authorities on that question, and he 
 referred me to the department and picked out the books which gave 
 me the information. 
 
 Q. That is the only instance where you had occasion to call upon 
 him outside of the law department? A. That is the only thing I 
 remember now, outside of the law department. 
 
 Q. Now, I understand you to say, tliat when you would give him 
 a subject some time, upon which you wanted authorities, he made 
 what lawyers might call a brief, or points and authorities, for you ? 
 A. Yes. 
 
 Q. In that you found him efficient? A. Very much so. 
 
 Q. And ready to serve you? A. Yes, always ver}'' obliging. 
 
 Testimony of J. H. Culver. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — In San Francisco. 
 Q. What is your business? A. Secretary of the Industrial Expo- 
 sition of the Mechanics' Listitute. 
 
203 
 
 Competency and Deportment of Librarian. 
 
 Q. Do you know Talbot H. Wallis? A. Yes. 
 
 Q. How long have you known him? A. I have known him, I 
 think, about four or five years. 
 
 Q. Have you had, during that period, any business transactions 
 with him in his otlieial capacity? A. Well, to a certain extent, yes. 
 
 Q. In what way? A. By visiting the library and asking for infor- 
 mation at various times in regard to matters. 
 
 Q. Have your visits to the library been frequent during that f)eriod? 
 A. Yes. 
 
 Q. State what you know about his ciualifications for that position? 
 A. Well, I should not consider 
 
 Q. I will ask you if you have had any experience yourself in the 
 management of libraries? A. Well, I have, but not particularly. 
 I have been, of course, connected with the Mechanics' Institute for 
 many years, and my business being in the building, I am in the 
 library almost every day. 
 
 Q. Please state what you know of Mr. Wallis' qualifications for 
 that position? A. Well, I consider them good. I consider him an 
 excellent Librarian — always courteous and ver3^ ready to give infor- 
 mation. 
 
 Q. Upon what facts do you base that oi)inion? A. Personal obser- 
 vation. 
 
 Q. What has been Mr. Wallis' conduct with reference to his deport- 
 ment and dignity in office and courtesy to yourself and other visitors? 
 A. It has been good. 
 
 Cross- examination. 
 
 Mr. Hoi.L — How long do you say you have known Mr. Wallis? A. 
 I think it is about four or five years. It was the session of the Leg- 
 islature of 1880, I think. 
 
 Q. How frequently have you been in the library since that time? 
 A. Well, I have been at Sacramento during the last three sessions 
 of the Legislature, and it is onl}^ during the sessions that I have 
 been there, but in those times I used to visit the library almost every 
 day. 
 
 Q. Give us some instance that impressed your mind and convinced 
 you that he is a competent Librarian? A. Well, I cannot, perhaps, 
 give any special instances more than whenever I have been in there 
 I have always found him ready to answer inquiries, and in a gen- 
 eral way was courteous. I cannot ver}'^ well give instances, but you 
 understand that when a man goes in there and he is always ready 
 and willing, and seemingly anxious to do everything that he can 
 
 Q. Courtesy and civility alone do not exactly constitute a good 
 Librarian ? A. Not alone. 
 
 Q. Outside of that what facts do you base your opinion upon? A. 
 On his general knowledge of the books contained in the library. 
 
 Q. Give us some instances to show Mr. W^allis' familiarity with the 
 library and its contents? A. I do not think that I could give any 
 special instance. 
 
204 
 
 Q. Did you ever have any talk or discussions with him upon any 
 literary subjects? A. I think I have conversed a number of times 
 in regard to the rules and regulations and management of libraries. 
 I cannot say positively, but I think we have. We used to have con- 
 versations often in regard to such matters. 
 
 Q. Did you ever have any discussions, or talks, with him in refer- 
 ence to any other libraries in the United States, or in other coun- 
 tries? A. I do not know whether I have or not. I presume that I 
 have. 
 
 Q. Well, did you — I want to know what you remember? A. I 
 remember of speaking to him in regard to different libraries in the 
 East. I had recently visited the Eastern States, and had visited the 
 librar}^ at Washington and other libraries, and I remember having 
 conversations with regard to those libraries. 
 
 Q. When was that? A. In 1880; I remember it was at that time, 
 because it was but a year or two before that I had been East. 
 
 Q. You told him what you had seen — was that the substance of 
 your conversation? A. That was about the substance. We spoke 
 in a general way about the different libraries, and about our library 
 here in San Francisco. 
 
 Q. The subject-matter of your conversation was in telling him 
 what you had seen in other cities and at other places? A. I presume 
 that was about the substance. 
 
 Q. Did you ever discuss with him any matters of history? A. I 
 do not think I did; I do not remember. 
 
 Q. Or general literature? A. I do not remember. 
 
 Q. Then, from your own knowledge, j'ou do not know how much 
 information he has upon miscellaneous subjects of that kind? A. I 
 could not, any more than by my asking him at various times, per- 
 haps, where certain books were to be found in the library. 
 
 Q. And when you made such inquiries he has always found you 
 such works? A. Yes, and he could answer such questions. 
 
 Q. As to his knowledge of the contents of the books, do you know 
 anything about that? A. Not except in my general conversation 
 with him. I should consider him a well informed person on gene- 
 ral subjects. 
 
 Q. You cannot now repeat any instance where you had a discus- 
 sion with him? A. I cannot. 
 
 Q. Or the substance of any discussion that made any impression 
 on your mind ? A. No. 
 
 Mr. J. S. Wallis — Have you any recollection of ever making 
 application to him for information on any subject when he answered 
 you without reference to books or authorities? A. I cannot recol- 
 lect it. 
 
 Testimony of A. L. Chandler. 
 
 Called for the defense, sworn. 
 
 Mr. J. S. Wallis — Where do you reside ? Answer— In Oakland 
 at present. 
 
205 
 
 Q. What is your occupation? A. I am a farmer. 
 Q. During tiie past five years have you occupied any State office? 
 A. I have been in the Legislature several times. 
 
 Competency and Deportment of Librarian. 
 • 
 
 Q. Have j^ou liad occasion to visit the State Library during that 
 time for any purpose, public or private? A. Quite frequentl.y. 
 
 Q. Are you acquainted with Talbot H. Wallis, the present Libra- 
 rian? A. I am. 
 
 Q. State what his conduct and demeanor was towards you and oth- 
 ers in your presence when you visited the library? A. Uniformly 
 gentlemanly and obliging. 
 
 Q. Did you ever have any occasion to apjdy to him for information 
 upon any subject, or for books? A. I did, quite frequently. 
 
 Q. What was the result? A. I was always referred to them, and 
 they were got from the library, usuallj^and given to me with a great 
 deal of pleasure, seemingly, on the part of Mr. Wallis. 
 
 Q. In making these requests, did he ever give you the information 
 without reference to books or authority? A. I think he did; at least 
 he always told me where I could find the information, or books on 
 the subject. 
 
 Q. Did he show a familiarity with the subject-matter of your 
 investigation as much as he did with the authors and the books and 
 the places where the books could be found? A. I think he did. 
 
 Cross-examination. 
 
 Mr. HoLL — What instance can you recollect where he manifested 
 an}'' knowledge outside of the books you were in pursuit of? A. I 
 do not know that I can give you any particular instance. I used to 
 go in there and ask questions in regard to matters, and I waited to 
 hunt up statutes to find something in reference to bills that I was 
 interested in, and he always seemed familiar with them. I cannot 
 remember any particular instance. ^ 
 
 Q. Your business was principally in the Law Library, was it? A. 
 Yes, usually. 
 
 Q. Did you ever have occasion to call upon him for anything in 
 the miscellaneous library? A. I do not recollect that I ever did par- 
 ticularly. 
 
 Q. In the Law Librarj^he was able to find for you and furnish 3'ou 
 such books as you wanted? A. Yes; usually the books that I desired 
 contained the statutes. 
 
 Testimony of H. Vrooman. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. J. S. Wallis — Where do you reside? Answer — In Oakland. 
 
 Q. What is your occupation? A. Attorney at law. 
 
206 
 
 Q. During the past ten years have you occupied any State office? 
 A. I am at present State Senator from Alameda County. 
 
 Q. Have you in a public or private capacity had occasion to visit 
 the State Library during the several years last past? A. Yes. 
 
 Competency and Deportment of Librarian. * 
 
 Q. Are you acquainted with Talbot H. Wallis, the present Libra- 
 rian? A. Yes. 
 
 Q. How long have j^ou known him? A. I cannot tell when I first 
 met him. I have been at the State Librarj^ at every session of the 
 Legislature since and including the session of 1873-4. 
 
 Q. During your acquaintance with him, and while he has been 
 connected with the library, have you had occasion to apply to him 
 for information upon any subjects? A. Yes; very frequently. 
 
 Q. What has been the result of your application? A. He has 
 always been very prompt and obliging in furnishing me information 
 and in doing everything he could for me when I desired information 
 in the examination of books. 
 
 Q. In making your requests of him has he furnished you informa- 
 tion upon the subject-matter without reference to the authorities? 
 A. Yes; and also when I desired it he has referred me to authorities 
 and furnished me with books and everything of that kind. 
 
 Q. During that time what has been his general conduct and deport- 
 ment towards yourself and others in your presence? A. Well, it has 
 been, I would say, unobjectionable. He has been gentlemanly iu 
 his conduct and deportment towards me and towards others in my 
 presence. 
 
 Q,. State your knowledge of his efficiency and deportment? A. 
 Well, I have always looked upon him as a very competent Librarian, 
 and have looked upon his conduct there in the librarj^ in my pres- 
 ence, and to me, as entirelj^ unexceptionable, and I consider him the 
 proper man in the proper place. Of course, when I first had occasion 
 to use the library, I was there simply as a citizen, holding no State 
 office and having no particular claim upon him or upon the library. 
 As I said before, I was in attendance on the Legislature, representing 
 certain interests there, all the time during the sessions of the Legis- 
 lature. His attention to business was such that it attracted my notice, 
 and I remarked it to a great many, that he appeared to be a very 
 competent, reliable, and worthy man in the place. 
 
 Cross-examin ation. 
 
 Mr. Hoj.L — Your experience with Mr. Wallis has been in the Law 
 Library? A. Both in the Law Library and in the general library. 
 
 Q. Now, what was the kind of service that you called upon him to 
 perform? A. Well, in the Law Library, of course, I was writing 
 briefs on almost every conceivable question, as you might say; that 
 is, on a wide range of subjects, and frequently I would go to him and 
 say: "Have you any authorities on such and such a proposition?" 
 and "I would like to have you show tliem to me," or "do you know 
 
207 
 
 where I can find them?" It was both U[)on legal questions and other 
 questions. 
 
 Q. What else in that line? A. Well, that is all. 
 
 Q. He seemed to have some familiarity with the law books? A. 
 Yes. 
 
 Q. And could sometimes tell you where certain points had been 
 decided and where you would find decisions on certain propositions? 
 A. Yes. 
 
 Q. Now, in the miscellaneous library what was the service that he 
 performed for you there? A. Well, I would frequently desire mis- 
 cellaneous books bearing upon legal questions — upon constitutional 
 questions. 
 
 Q. Then you would ask him for the books? A. Sometimes I 
 would ask hitn for the books, designating them, and sometimes I 
 would ask him if he had any books in the library bearing upon cer- 
 tain subjects. 
 
 Q. He knew the books were in the library and could furnish them? 
 A. Yes. 
 
 Q. That is about the extent of your knowledge in reference to his 
 ability as Librarian? A. Yes. 
 
 Mr. HiNKSON — Do you mean to be understood that his knowledge 
 that certain books were in the library, and that he could furnish 
 them to you, that that was the extent of his knowledge? A. Of 
 course, I do not know anything about that. 
 
 Q. I am speaking in reference to your testimony. You have tes- 
 tified that he furnished you authorities on various questions that you 
 were examining? A. Yes. 
 
 Q. Judge Holl tried to make it appear that so far as you know, that 
 was the only knowledge he had as to the books you called for? A. I 
 do not wish to be understood as testifying to that. 
 
 Mr. Holl — As far as the contents of books is concerned what 
 knowledge did he have? A. He seemed to know if I went there and 
 asked for authorities upon a certain point, where to find them. 
 
 Q. That is in the Law Library? A. No; in the miscellaneous 
 library. He seemed to know if he had books there that treated on 
 that subject, and he would go and get them. 
 
 Q. That is what I say. If you wanted to investigate a certain sub- 
 ject in the miscellaneous library, you would ask Mr. Wallis if he had 
 books that treated on that subject? A. Yes. 
 
 Q. And lie knew whether he had them? A. Yes. 
 
 Q. And would get them? A. Yes. 
 
 Mr. J. 8. Wallis — At those times did he give you information and 
 converse with you intelligently upon the subject that you referred 
 to and desii'ed to investigate, witbout going to the books and author- 
 ities? A. Well, he did to the e:xtent of giving me to understand — for 
 instance, if I would be writing a brief on the question of the State 
 and its legislative limits, I would say: "Have you anything that 
 bears on that question?" and he would say: "Yes; I have." 
 
 Q. Would he then speak of it? A. He would then explain some- 
 what as to what certain authors had stated on the subject, and he 
 would get the books. 
 
208 
 
 Mr. HoLL — Give us some instance of that that your mind recurs to 
 now? A. Well, I was writing a brief upon the question of the power 
 of the Legislature to prohibit the sale of intoxicating liquors within 
 one mile of the University, and within certain distances of the State 
 institutions generally, and I said to him that I wanted some books — 
 text-books not in the Law Library, but by writers upon govern- 
 mental subjects, who treated on the State and its legislative limits — 
 and then he went on to tell me what Lieber said about it, and Mill 
 on Liberty, and other authors, and went and got them for me. 
 
 Testimony of William T. Wallace. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSoN — You reside in San Francisco? Answer — Yes. 
 
 Q. You are a lawyer by profession? A. Yes. 
 
 Q. You have been a Justice of the Supreme Court of this State? 
 A. Yes. 
 
 Q. During what period? A. From 1870 to 1880. 
 
 Q,. And was Chief Justice during what part of that time? A. 
 Eight years. 
 
 ComjJetencij and Deportment of Librarian. 
 
 Q. Do you know Talbot H. Wallis, the present State Librarian? 
 A. Yes; I know him. 
 
 Q. How long have you known him? A. I could not tell that. I 
 have known him for a long time. 
 
 Q. Have your official duties brought you in contact with him fre- 
 quently, during your term of office? A. I do not remember when 
 Mr. Wallis came there. 
 
 Q. He went there in 1871. Please state what you know of his 
 qualiti cations in the discharge of the duties of Librarian? 
 
 Mr. HoLL — Limiting it to your own personal knowledge. 
 
 A. Well, I never saw any objection to Mr. Wallis in any respect in 
 my connection with the library. He always seemed to be exceed- 
 ingly accommodating, pleasant, and agreeable. 
 
 Mr. HiNKSON — Did he seem to understand the duties of the office, 
 as far as your observation extended? A. As far as my observation 
 extended, I never saw anything that indicatedthat he did not. 
 
 Cross-examination. 
 
 Mr. HoLL — Did you, during that time, by conversation or other- 
 wise, learn anything about Mr. Wallis' attainments on different sub- 
 jects of literature, liistory, art, and science? A. I do not think that 
 I did. I went frequently into the library' and inquired for what I 
 wanted, and got it without trouble. He seemed to be entirely familiar. 
 
 Q. You would inquire for certain works, and he would get them 
 for you? A. Yes; I do not think I ever consulted him. 
 
209 
 
 Q. Did lie furnish you sucli books as you called for? A. Yes. 
 
 Q. You had very little intercourse with him? A. Very little; but 
 when I had any business there he seemed to be very polite, and 
 made it agreeable for me to go there. 
 
 Q. He was ready at all times to serve you? A. Yes. I do not 
 know as I ever tested him by asking his opinion about things. 
 
 Q. You do not remember of ever making any test as to his acquire- 
 ments — his general acquirements? A. No. You mean as a Libra- 
 rian ? 
 
 Q. No. I mean as a man of general information and general 
 intelligence, and one familiar with books — science, art, literature, and 
 history? A. I suppose that I was i)resent when he was admitted to 
 the bar — I do not refer' to that. You are speaking of literature, I 
 suppose. Of course Mr. Wallis underwent an examination before 
 us as to his qualifications for admission to the bar. 
 
 Q. That is not the idea. As a Librarian, do you know whether 
 or not, of your own knowledge, he possesses those attainments which 
 a person in his position, having charge of a literary institution of 
 that kind, should possess? A. Well, I can only say that I have been 
 there a great deal, and I did whatever I wanted to do there, and if 
 there is any defect or fault in his attainments I never discovei'ed it. 
 
 Q. You never had any occasion to make any particular inquiry to 
 satisfy your mind whether he was or was not possessed of those 
 qualifications? A. The question, certainly, was never up. 
 
 Mr. J. S. Wallis — You mean to say that, so far as your observa- 
 tion goes, and the necessities which called you to the library, you 
 always found him competent? A. Entirely so — entirely. 
 
 Testimony of A. L. Rhodes. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. J. S. Wallis — Where do you reside? Answer — In San Jose. 
 
 Q.. What is your occupation? A. Attorney 9,t law now. 
 
 Q. Have you, during the past ten years, held any public position? 
 A. I was a Justice of the Supreme Court until four years ago. I left 
 the bench in 1880. 
 
 ComjJetency and Deportment of Librarian. 
 
 Q. During that time had you any occasion, in your public or 
 private capacity, to visit the State Library? A. Very often. 
 
 Q. Are you acquainted with the present Librarian, Talbot H. 
 Wallis? A. Yes, I have known him since he was a boy, and all the 
 time that he has been in the liljrary. I saw more of him there than 
 I did previously. 
 
 Q. State what you know of his competency, and of his conduct 
 and demeanor towards you and other persons, in your presence, in 
 the library? A. I have seen nothing that was exceptional in his 
 
 • 27 
 
210 
 
 demeanor towards others. My knowledge of his capacity as a Libra- 
 rian is confined mostly to the law department; and upon inquiry 
 for books of any description, if I could not readily lay my hands 
 upon them, I would always ask him for them, if he was accessible, 
 and I found him very ready and capable in that direction. 
 
 Q. In making those applications to him, did he ever express any 
 opinion, or give you any information upon the subject-matter of 
 your investigation, without referring to the authorities? A. Yes, 
 many times. 
 
 Cross-examination . 
 
 Mr. HoLL — In what respect? A. When questions would come up, 
 or inquiries in relation to a particular work or volume — and it has 
 happened several times — he would say so and so has that book ; and 
 in speaking of cases, he would speak of the points to which the case 
 was applicable, and he would speak of other books in which there 
 were authorities on the same subject. 
 
 Q. Can you now remember any of the subjects? A. No, I could 
 not. 
 
 Q. You do not know whether it was a subject that was frequently 
 discussed or not? A. No; nor could I tell whether it was something 
 where the knowledge came from recent discussion by counsel in the 
 library. It might have been so. He could remember those things 
 very readilj', much more readily than I could. 
 
 Q. Do you know anything about his general attainments in litera- 
 ture, science, and art? A. Very little. Our conversation has been 
 mainly directed to legal matters and law works and law publications. 
 I have a few times been brought in contact with him in respect to 
 matters in the miscellaneous library, and once or twice I iiave 
 inquired for works which are not, perhaps, frequently inquired for, 
 and he has gone and got them for me after saying that he had them. 
 
 Q. That would show a familiarity with the arrangement of the 
 library? A. To some degree. It might be, however, that those books 
 were rare and out of the usual run, but he would know where they 
 coulS be found. It might show that, and it might not. 
 
 Q. As to the contents of books, did you ever discuss that subject 
 with him so as to know anything about his knowledge? k. Not in 
 the literary or scientific department. I do not think it ever hap- 
 pened. 
 
 Testimony of Geoege H. Perry. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — In San Francisco. 
 Q. What is your profession? A. Attorney. 
 
 Q. Do you hold any official or State position? A. I do; I am 
 Senator from the Tenth District. 
 
211 
 
 Competencij and Dcjjortment of Librnrian. 
 
 Q. Do you know Talbot H. Wallis. the State Librarian? A. Yes. 
 
 Q. Have you had any business relations with him in his official 
 capacity? A. I have. 
 
 Q. State what you know of his qualifications for that position from 
 yonr own personal observation? A. Well, both during- the session 
 of 1881, when I was liolding a position in the Legishiture, and during 
 this last session, 1 was in daily communication with Mr. Wallis, and 
 I was m the library a great deal of my time. I found him veiy will- 
 ing and accommodating, and he would pick out ihe books that I 
 asked for with great readiness, and on any particular point that I 
 would ask him about. I cannot remember the exact points, but I 
 would ask him frequently with referenc^e to certain points and he 
 seemed to possess a ready knowledge of what I desired. 
 
 Q. That is as to the contents of books? A. Yes. 
 
 Q. What position did you occupy in the Legislature of 1881 ? 
 A. Clerk of the Judiciary Committee of the Assembly, and as such 
 I spent the greater portion of ray time in the library. Mr. McClure, 
 the Chairman of the committee, was continually referring questions 
 to me that compelled me to seek the library and to seek the aid of 
 Mr. Wallis. I found him most accommodating at that time, and I 
 appealed to him ver}^ often for information. 
 
 Q. He readily furnislied you information and authorities upon 
 questions of law that arose in the Legislature? A. Yes, he did. 
 
 Q. What was his deportment and demeanor towards yourself and 
 other visitors when you visited the library? A. I always found Mr. 
 Wallis a ver}^ accommodating person, and in very many cases he 
 put himself out to accommodate me, that is in obtaining books for 
 me. From my observation, he manifested the same disposition 
 towards others. I have no complaint to make myself, and heard of 
 none. 
 
 Cross-examination. 
 
 Mr. HoLL — Your connection with him was in the Law Library 
 principally? A. It was, so far as my duties were concerned. During 
 ray spare time I read a great deal in the library, and spent a great 
 deal of time there in looking up other matters. 
 
 Q. Give us some instance that you can call to mind wherein he 
 displayed any knowledge of the contents of books? A. That would 
 be somewhat difficult, owing to the lapse of time. I remember that 
 I was following up a series of historical readings at that time, on my 
 own account, and I very often conversed with Mr. Wallis on that 
 subject. That was in 1881, during the session of tiie Legislature, 
 and he helloed me considerably in picking out l)ooks, and we con- 
 versed considerably there. That was the genei'al course of mj' read- 
 ing at that time. During the last session, of course, it was more on 
 legal propositions. I read a great deal in tiie library, and looked up 
 points that were being debated during the session, but I cannot 
 specify any particular work the last tirae. It was a course of general 
 
212 
 
 inquiry — you might term it so, but there was nothing that is now 
 fixed on my mind, not expecting that it woukl be necessary to 
 recall it. 
 
 Q. In your historical researches, give us some instance where Mr. 
 Wallis' superior knowledge was of any assistance to you? A. I only 
 got notice to appear here a few minutes ago, and I have not had time 
 to recall anything very particularly; but I made a number of 
 inquiries about English writers and English authors. That is the 
 best of my recollection. He helped me there, I kno^v. More than 
 that I could not say. I only know that I derived assistance froip him. 
 
 Q. You would ask him, for instance, who had written on certain 
 historical subjects? A. Yes. The idea I mean to convey is, that 
 Mr. Wallis seemed to know just what I wanted, and he seemed to 
 know where it was in the library, and he knew what works the 
 library contained. 
 
 Q,. if you wanted, for instance, a history of the Netheidands, you 
 would ask him whether he had any histories of the Netherlands, 
 and he would be able to tell you the authors who had written his- 
 tories on that subject ? A. Yes, that is about the idea that I want 
 to convey. 
 
 Q. And the same, for instance, if you wanted to peruse a history of 
 England, he could give you the name of the authors who had written 
 histories of England? A. Yes; and collateral matters. 
 
 Q. That is about the information he would furnish you, by assist- 
 ing you? A. Well, my inquiries of him did not go any deeper. 
 What inquiries I made he seemed to be well up on, and he was in a- 
 position Mdiere he could readily accommodate me. 
 
 Q. The inquiries you made were not as to the contents of the 
 works, but as to what books he had tliat treated upon subjects? _ A. 
 That is the best of my recollection. I had very many conversations 
 with him, but at this date I could not give you the purport of those 
 conversations. I only know generally that we talked about it. _ 
 
 Q. When you came" to the Law Library he showed some familiarity 
 with the decisions and the subject that you were investigating? A. 
 I could hardly term it " some." He showed himself ready in furnish- 
 ing whatever books I wanted. That was especially so in relation to 
 the subject of contested elections. I remember that more particu- 
 larly. I looked up some of those matters on my own account, and 
 for others, and he helped me a good deal. 
 
 Q. WHiat information did he furnish you. Did he furnish you the 
 books that contained the decisions? A. There were a number of 
 cases cited by the Senators on the other side, and I made note of 
 them and one or two of the reports I liad lost track of, and I gave 
 him the cases and he named the reports to me. 
 
 Mr. J. S. Wallis — During the researches you speak of, and the 
 conversations that you have referred to, did he manifest a knowledge 
 and did he impart any information to you upon the subject without 
 referring to any author or any book or any authority? A. Well, in 
 this one matter — this contested election matter — he did. He seemed 
 conversant with it. It is so long ago, and these matters not being 
 fixed in my mind, I cannot say. 
 
213 
 
 Q. Did these coiiv«^rsations go beyond the mere fjict tliat there was 
 a certain book written by a certain anthor, ordid they reach the con- 
 tents and the subject-matter? A. Well, to the best of my recollec- 
 tion they did, but I could not state i)ositively, as it is so long ago. 
 
 Mr. lioLL — Do you recollect now a single instance wiiere he ever 
 was able to furnish you with a historical fact outside of furnishing 
 you with the books which contained that fact? A. lam not prepared 
 to answer that positively. It is three years ago now, and the only 
 thing tijat is fixed in my mind is that 1 was pursuing that course of 
 reading at that time, and I know that Mr. Wallis, on a number of 
 occasions, was of benefit to me. Just what the conversations were, or 
 liow much he helped me, I could not say positively. 
 
 Q. Do you call to mind any time when you sat down with liim 
 without books and discussed historical subjects when he displayed 
 an}^ knowledge of history? A. I do not remember of any particular 
 time; no. 
 
 Testimony of James A. Johnson. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — You reside in San Francisco, Governor? Answer — 
 Yes. 
 
 Q. What official position do you now occupy? A. I am Registrar 
 of San Francisco. 
 
 Q. You are one of the publishers of the Alta California? A. Yes. 
 
 Q. What official positions have you held under the Government of 
 this State? A. Weil, the last one, and during Mr. Wallis' time, was 
 that of Lieutenant-Governor. 
 
 Competency and Deportment of Librarian. 
 
 Q. How long have you known Mr. Wallis? A. Well, that I cannot 
 say. I have known him for several years. 
 
 Q. You have had occasion to visit the library during that period 
 very frequently ? A. Yes. 
 
 Q. Will you please state, in your own way, what you know of Mr. 
 W^allis' qualifications for that position ? A. Well, I consider Mr. 
 Wallis a well qualified Librarian, from what I have seen of him. I 
 never had any occasion to call upon him, except in the Law Library. 
 If I wanted a book when I was in office at any time, I would call for 
 it, and get it. Mr. Wallis generally waited upon me, and steered me 
 clear in the Law Library. Outside of that I do not recollect having 
 occasion to call upon him. 
 
 Q. Can you call to mind occasions when lie has rendered you 
 assistance and furnished you authorities on any subject? A. No; but 
 I am satisfied that Mr. Wallis, on a great many occasions, had found 
 me the books that I wanted and })rovided me with material to work 
 with. I do not know as I ever called upon him for any authorities, 
 
214 
 
 because I always came into the library prepared to do my own work 
 when I found tlie books. 
 
 Q. What has been Mr. Wallis' deportment and treatment of your- 
 self and other visitors in the library when you have been there? 
 A. His deportment towards me has always been that of extreme 
 politeness. 
 
 Q. Accommodating ? A. Very, indeed. 
 
 No cross-examination. 
 
 Testimony of Albert Lyser. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — Where do you reside? Answer — In San Francisco. 
 Q. What is your occupation? A. I am a teacher and editor of the 
 Pacific School Journal. 
 
 Competency and Deportiment of Librarian. 
 
 Q. Do you know Talbot H. Wallis, the State Librarian? A. I have 
 known him slightly for five or six or seven years, I think, and quite 
 well for tliree years. 
 
 Q. During the time when the Journal was the official organ of the 
 State Department of Public Instruction did your business bring you 
 in frequent contact with him as State Librarian? A. My business 
 has not, but my tastes have. I am something of a book worm, and 
 I have made the State Librarj^ in Sacramento something of a haunt 
 when I have been there. 
 
 Q. State what you know of his qualifications from your observa- 
 tion? A. I have always found him exceedingly accommodating in 
 every way, and apparently well acquainted with the contents of 
 books. 
 
 Q. In the miscellaneous department? A. In the miscellaneous 
 department. I know nothing of any other. 
 
 Cross-exaniin at ion. 
 
 Mr. HoLL — What made that impression on your mind, that he 
 knew the contents of books? A. I would go into the library to read, 
 and I would generally ask for books, and he would frequently- suggest 
 something in the line I was pursuing. There was one instance that 
 Avas quite suggestive, in the way of art. I remember in particular of 
 his showing me books on art, or illustrated works, which showed that 
 if he had not much knowledge he must have had a very keen appre- 
 ciation at least of art, to my mind. I remember particularly of his 
 showing me some very fine illustrations of the Paris Exposition. 
 
 Q. He simply exhibited those to you as works of art? A. He 
 seemed to know what was in them. He seemed to know that the}'' 
 were works of art. 
 
 Q. He could not very well know less than that? A. No; you mis- 
 
215 
 
 understand me. From my knowledge a person might take those 
 books and look at them as pretty pictures, and nothing more. I 
 think he certainl^^ showed a little more than common appreciation. 
 That has often been my observation — two i)ersons will look at works 
 of art ♦ 
 
 Q. You mean that he has the qualifications of an art critic? A. 
 To what extent I do not know. He has some such qualifications, 
 whether natural or acquired, I do not know. 
 
 Q. That was made manifest to your mind by his bringing to your 
 notice some works of art? A. Yes; and by his pointing out their 
 beauties. 
 
 Q. You do not know liow often they had been pointed out to him 
 by connoisseurs? A. No; of course not. 
 
 Q. Did you ever enter upon any discussions, independent of books, 
 with Mr. Wallis? A. No; never; not that I remember. 
 
 Q. You say that you are considerably addicted to reading. liave 
 you any particular line of studies that you pursue, or is it miscella- 
 neous? A. Well, I have .made something of a study of history and 
 literature, what we call the belles-lettres. 
 
 Q. Upon either of those subjects, independent of books, have you 
 ever tested Mr. Wallis as to the extent of his information? A,. No; 
 that would be an examination. I can simply judge by general 
 impressions. 
 
 Q. General impressions formed by conversing with him? A. Gen- 
 eral impressions by conversations in regard to books. 
 
 Q,. Then have you had conversations with him independent of 
 books? A. No; my impressions were formed by my asking for some 
 book, and by his suggesting kindred works. 
 
 Q. That is to say, that he had other works on the same subject? 
 A. W^ell, probably that he had other works on the same subject, but 
 the impression conveyed to my mind — and it may be erroneous — was 
 that he had some knowledge of the subject-matter in the books. 
 
 Q. You gathered that from the fact that he referred you to books? 
 A. Yes. 
 
 Q,. You never tested him as to his actual knowledge of such books? 
 A. No. 
 
 Mr. HiNKSON — Do you remember of ever having had discussions 
 with him in reference to the merits of different authors, and especially 
 of educational authors, and if so, what knowledge did he display, 
 and what j.udgment, in regard to those authors? A. I do not remem- 
 ber any particular conversations, but the impressions left upon my 
 mind are based on my conversations with him. 
 
 Mr. HoLL — We do not want your impressions, but we want the 
 facts which produced them. The impression will be produced upon 
 the minds of the Trustees. 
 
 A. I was not there to examine Mr. Wallis, and I made no note of 
 my conversations with him, or of the questions that were asked. I 
 consider myself, and believe I am considered by all who know me, 
 an expert in matters of that kind, if nothing else; and I think if I 
 have an opportunity to talk to a gentleman eight or ten or a dozen 
 
216 
 
 times on literary subjects, I will go away with a verj^ clear and, I 
 believe, an accurate notion of the man's acquirements. 
 
 Q. Do you mean now to give your impressions of Mr. Wallis' 
 attainments based on such circumstances as you mention? A. I 
 mean to state that my impressions of Mr. Wallis, from ci rep m stances 
 more or less intimate than I can relate, were that he knew the 
 subject-matter of ciuite a range of books, and I was surprised par- 
 ticularly to find that he knew it — knew so much about art in the 
 instance which I have related. 
 
 Q. Do you remember to have discussed any matters with him 
 except when you asked him for certain books, and desired to consult 
 him? A. I never consulted Mr. Wallis about anything. Our con- 
 versations were incidental. Had tliey been for the purpose of con- 
 sultation I could, perhaps, relate them. 
 
 Q. Was an impression jjroduced upon you to the effect that he is 
 thoroughlj' up in modern history? A. That I could not say. 
 
 Q. Or in ancient history? A. That I could not say. 
 
 Q. You have no impression as to the extent of his historical 
 knowledge? A. No, I could not say that I have. If you were to 
 ask me if I considered him well informed, I should say yes. 
 
 Q. Upon what? A. Either ancient or modern history. As to the 
 extent of his information I could not say, unless I undertook .to 
 examine them. I could ascertain in half an hour. 
 
 Q,. You have never set yourself about to ascertain? A. No, but 
 he made a favorable impression, and in my mind that is extremely 
 strong. 
 
 Testimony of Donald Bruce. 
 
 Called for the defense, sw^orn. 
 
 Mr. J. S. Wallis — Where do you reside? Answer — In this city 
 and county. 
 
 Q. What is your occupation ? A. Publisher. 
 
 Coinpetency and Dej^ortment of Librarian. 
 
 Q. Are you acquaintad with Talbot H. Wallis, the State Librarian? 
 A. Yes. 
 
 Q. Have you, during the past three years, had occasion to visit his 
 office either on private matters or public? A. Yes. 
 
 Q. What has been the conduct and demeanor of Mr. Wallis towards 
 you when j^ou visited there? A. Always quite satisfactory, and I pre- 
 sume from what little knowledge I have of the office 
 
 Mr. HoLL — Do not presume; state the knowledge that you have. 
 
 Mr. J. S. Wallis — Did he conduct himself in the same manner 
 towards other persons when you were there as he did towards you — 
 gentlemanly and courteous? A. Yes, to the best of mj^ knowledge 
 and belief. 
 
217 
 
 Q. Did yon at any time go to the library for the j^irpose of getting 
 information? A. Yes. 
 
 Q. AV lien you sought that information did Mr. Wallis at any time 
 give it to you without reference to books or authorities? A. Well, I 
 think what I wanted more i)articularly were the proceedings of pre- 
 vious sessions of the Legislature, and I think he gaA'e me some co])ies 
 of them. I do not know that I required any i)articular information 
 of him. His action was satisfa(;tory to me. My relation, of course, 
 was not continuous or intimate, but from what I know of Mr. Wallis, 
 I have no criticism. 
 
 No cross-examination. 
 
 Testimony of Creed Haymond. 
 
 Called and sworn on behalf of the defense. 
 
 Mr. HiNKSON — You reside in San Francisco? Answer — Yes. 
 
 Q. You are an attorney at law by profession ? A. Yes. 
 
 Q. W^iat ofScial position have you occupied under the State Gov- 
 ernment since the year 1871? A. Well, I was Chairman of the Code 
 Commission that drafted the Codes of California, and I served one 
 term in the State Senate. 
 
 Competency and Deportment of Librarian. 
 
 Q. Did your public and private duties call you to the office of the 
 State Librarian frequently during that period ? A. Yes, until within 
 the last two or three years. 
 
 Q. Do you know Talbot H. Wallis? A. Yes, I have known him 
 for several years — ever since he has been in the library. 
 
 Q,. You have had business with him in his official capacity as 
 Librarian, have you? A. Very frequently. 
 
 Q. State, if you please, what you know of his qualifications for 
 the duties of that office? A. Well, I hardly know whether I am 
 competent to pass on the qualifications of a State Librarian. 
 
 Mr. HoLL — The testimony that is sought is of facts that you know, 
 by coming in contact with Mr. Wallis, going to show his competency. 
 It is not an expression of opinion, but a statement of your knowledge. 
 
 A. Well, I have had occasion to use the law department of the 
 library, and also the miscellaneous department, for a great many 
 years past and until the last two or three years, and I always found 
 him entirely familiar with it, and able and willing at all times to 
 produce any books desired; and if I did not know the exact book, 
 but knew the subject, he was always ready, and willing, and able to 
 furnish it, if it was in the library. As far as I know, he is as good a 
 Librarian as the State could have. His manners have always been 
 those of a gentleman, and he has always been willing to accommo- 
 date visitors at the library, as well as those who had to use it for 
 information, and without regard to office hours. Since I have been 
 in San Francisco I have on a great many occasions, from necessity, 
 
 28 
 
218 
 
 had to correspond with him as to matters connected with his duties, 
 and I always found him prompt to answer and to afford any informa- 
 tion which he coukL 
 
 Mr. HiNKSON — And well informed as to the duties of his office, as 
 far as your experience went? A. As far as I could judge. Of course 
 I know nothing about purchasing books, and scarce know what 
 would make up a library. 
 
 Mr. J. S. Wallis — You would go there frequently to seek infor- 
 mation ? A. Ver3^ frequently in years past. 
 
 Q. In doing so would Mr. Wallis display a knowledge of the 
 subject-matter and communicate to you any facts in relation to it, 
 without relation to books and authorities? A. Very frequently. 
 He was in charge of the Law Library for many years there, and I 
 found him very familiar with it. 
 
 Cross-examination. 
 
 Mr. HoLL — That is with the Law Library, or do you include in 
 that the miscellaneous department? A. Of course my inquiries 
 were more particularly directed to the Law Library, but I have had 
 occasion to inquire as to books bearing on legal subjects that were 
 in the miscellaneous library — historical works and histories of juris- 
 prudence, and with those he seemed to be verj^ familiar. 
 
 Q. Li going to the Law Library, what service did you require and 
 receive from Mr. Wallis, as Librarian? A. Well, often it was simply 
 to ask for a book, and often to inquire as to the state of the decisions 
 upon given subjects at dates subsequent to which the digests were 
 ma.de up, and law periodicals, and the late reports. 
 
 (cl. As to your inquiries in that direction, what did he do except to 
 furnish you the publications from which you could obtain tlie infor- 
 mation that you sought? A. I found, somewhat to my surprise — 
 because I did not expect it, and was not prejudiced, in the start, in 
 favor of Mr. Wallis — I found, to my surprise, that on all leading 
 topics he was well posted on the decisions. 
 
 Q. That is, those of the State Courts? A. Yes; and the English 
 reports. 
 
 Q. Did you ever have occasion to call upon him to furnish you 
 information contained in the miscellaneous library? A. No; not to 
 any great extent. 
 
 Q. Did you ever, during your acquaintance with him, talk or dis- 
 cuss questions of general knowledge, science, art, or literature with 
 him? A. No; I do not think I have. My life has been a pretty busy 
 one, and when I was there I was generally at work at something that 
 I was more directly called upon to look up, up to the time that I 
 came to San Francisco. 
 
 Q. You have then no personal knowledge of his acquirements in 
 miscellaneous learning? A. No; I have not. 
 
219 
 
 State Library, April 3, 1884. 
 
 The Board of Trustees met at two r. m., pursuant, to call. Present, 
 Trustees Freeman, Belcher, and Johnson; S. Solon JIoll, for the 
 prosecution, and Add. C. Hinkson and J. C. Ball, for the defense. 
 
 Mr. HoLL — 1 wish to state to the Board the position that I occupy 
 at present with reference to this case. By looking on page 150 
 of the printed testimony, which was taken at Sacramento, you 
 will there find that when this matter was last before the Board it 
 was determined at first to hear no farther testimony from Mr. 
 Wallis, upon the ground then stated by Trustee Edgerton, "that 
 the witness has no right to testify in his own behalf, having refused 
 to testify upon such subjects and in answer to such questions as the 
 Board have ruled to be competent." Then, " after a lengthy argument, 
 the question as to whether the witness should be allowed to testify 
 was reserved for the action of the full Board. 
 
 "The Board then adjourned to meet at San Francisco at the call of 
 the President, upon notice to counsel on each side of five days." 
 
 Afterwards there was a proposition made by the otlier side, and in 
 pursuance of that certain testimony was taken by deposition at San 
 Francisco before Trustee Johnson. But the Board has never, since 
 the time referred to, been in session or considered this matter. The 
 meeting of the Board contemplated to be held at San Francisco was 
 never held; consequently, the matter which was referred to the full 
 Board, is now, for the first time, in condition to be brought before it 
 for action, although this is not a full meeting. I have drawn up a 
 brief statement of the position that I occupy in regard to it, which I 
 will read: 
 
 In the matter of the Charges actAinst Talbot H. Wallis, 
 State Librarian, for Incompetency. 
 
 To the lionoraJdc Board of Trustees of the State Library: 
 
 When this matter was last before the Board, Mr. Wallis was called 
 upon the witness stand, and a course of inquiry entered upon for the 
 purpose of testing the competency of Mr. Wallis to discharge the 
 duties pertaining to his office by a personal examination. A series 
 of questions were thereupon propounded to Mr. Wallis, which ques- 
 tions were, by the Board, ^lecided to be proper, and overruled the 
 objection urged by Mr. Wallis' counsel to this manner of examina- 
 tion. He, however, refused to answer any of the questions. The 
 Board will find these questions on pages 97, 98, and 99 of the printed 
 testimony. It was thereafter decided by the Board that Mr. Wallis 
 could not be heard on his own behalf, because he had refused to 
 answer such proper questions as the Board had decided competent. 
 [See page 15t), printed testimony.] Finally, however, it was deter- 
 mined to refer the question, whether Mr. Wallis should be heard on 
 his own behalf, to the full Board, which was to meet at San Fran- 
 cisco at the call of the President of the Board, at five days' notice. 
 The meeting at San Francisco has not been held, nor any other 
 
220 
 
 meeting of the Board, to decide this question. It is, therefore, now 
 before the Board for its determination. And ifpon the part of the 
 prosecution, we ask that this matter be now considered, and that 
 this Board refuse to hear Mr. Wallis on his own behalf, or consider 
 any testimony produced or to be produced by him until he submits 
 himself to a personal examination of his competency to discharge 
 the duties of State Librarian, and answers such questions as this 
 Board decides to be competent and proper. 
 
 If the Board decides that Mr. Wallis shall submit to such a per- 
 sonal examination, we ask, upon the part of the prosecution, that a 
 day be fixed by this Board for such examination, and that the same 
 be held and had before a full Board. 
 
 Should the Board determine not to permit the prosecution to prove 
 the incompetency of the Librarian by a personal examination, they 
 decline to pursue the matter any further, but submit the testimony 
 heretofore taken in support of the charges to the honorable Board 
 for their consideration and action. 
 
 S. SOLON HOLL, 
 Attorney for the Prosecution. 
 
 That is the position the prosecution occupies. 
 
 The Chairman — Does the defense desire to proceed with the 
 examination of Mr. Wallis? 
 
 Mr. HiNKSoN — Yes, sir; we desire to ask him a few questions. I 
 will say, in relation to the objection to his testifying that, as the 
 Board will see, that matter was left at the last meeting in the same 
 position as though no ruling had been had. It was determined 
 finally that the matter should be submitted to the Board at its next 
 meeting to rule upon, as to whether or not Mr. Wallis was in con- 
 tempt. Hence I presume any action the Board previously took 
 would have no weight now in deciding the question. It does seem 
 to me that as this investigation is for the purpose of inquiring into 
 certain charges made against Mr. Wallis — one being as to his com- 
 petency to discharge the duties of his office — these questions pro- 
 pounded by Judge Holl were entirely foreign to that examination. 
 I cannot perceive their relevancy, nor how, even if Mr. Wallis were 
 not able to answer any one of them, it would be any evidence of his 
 incompetency to manage this library. It seems to me that the matter 
 for the Board to inquire into is as to his competency and his manage- 
 ment of the library in a general way. But it will be observed, on 
 an examination of the questions referred to, that several of them go 
 outside of that entirely, and make inquiry as to his knowledge of the 
 character and kind of libraries existing in different counties. Now, 
 I think a librarian might be the'most efficient officer imaginable and 
 yet not abl<5 to answer any of those questions propounded by Judge 
 Holl; and certainly if they are not material, and Mr. Wallis refused 
 to answer them for that reason, I think the Board ought not to con- 
 sider that he is in contempt. 
 
 Mr. Ball — To tliat I would add the query, whether legally Mr. 
 Wallis can be deprived of the privilege of testifying as to a fact 
 which has been specified in the charges and brought in evidence 
 
221 
 
 against him; whotlicr he has not tlie rip;ht of vindication? To illus- 
 trate more clearly : Supi)Ose a witness is i)ut under a rule and ordered 
 to .absent himself from the Court-room during the examination of 
 other witnesses. If he disobeys he is clearly in conteni[)t, and the 
 (^ourt may i)unish him for that contemi)t, but he cannot be pre- 
 vented from testifying". If my memory serves me, the question was 
 brought up in an action for divorce where the Court had made an 
 order for the husband to pay alimony; he neglected or refused to do 
 it, and the Court undertook to i>unisii him by striking out his answer, 
 and allowing him no standing in his own defense; but the Sui)reme 
 Court held that such a course could not be pursued; that whilst he 
 was clearly in contempt he still had a right to be heard in the mat- 
 ter being litigated. Now, we desire to ask Mr. Wallis one or two 
 questions as to a fact that has been specified in the charges against 
 him and concerning which he can testify. Mr. Hinkson suggests, as 
 Judge Belcher was not here at the time, that Mr. Wallis was called 
 by the prosecution and made a witness by the prosecution when the 
 questions referred to were asked by Judge Holl. 
 
 Mr. Holl — I called him for a personal examination, and those 
 questions were asked ; which lie refused to answer. 
 
 Mr. Ball — His pounscl advised him not to answer them. 
 
 Trustee Belcher — How many members of the Board were pres- 
 ent when those questions were asked? 
 
 Mr. Holl — Three; Johnson, Edgerton, and Owen. 
 
 Mr. Ball — To bring this matter directly to the- consideration 
 of the Board, perhaps we had better ask Mr. Wallis the questions 
 we desire to. 
 
 Trustee Belcher — Has the prosecution closed? 
 
 The Chairman — Yes; and the defense has called Mv. Wallis for 
 examination in regard to certain ciuestions. 
 
 Trustee Belcher — I should, myself, regard most of the questions 
 asked by Judge Holl, to Avhich an answer was refused by Mr. Wallis, 
 as entirely objectionable. Whether Mr. Wallis knows the names of 
 libraries of importance in Germany or not, it seems to me is wholly 
 immaterial. And, under the circumstances, I am in favor of over- 
 ruling the objection. 
 
 The question being put, the objection of the prosecution to the 
 defendant testifying further was overruled — Belcher and Freeman 
 voting in the affirmative, Johnson in tlie negative. 
 
 Examination of Talbot H. Wallis — Resumed. 
 
 The Chairman — The question to the witness is — the objection 
 having been overruled — as found on page 149: "There has been 
 testimony given here in relation to a certain letter received through 
 Wells, Fargo & Co.'s Exi)ress, directed to Miss Patton, which Miss 
 Patton claims was not delivered to her ^4 the proper time. Please 
 explain your conduct in relation to that letter?" A. All I know 
 of the Wells, Fargo letter which Miss Patton had reference to, 
 
222 
 
 and concerning which you question me, is this : I had been sick, 
 and one day — I cannot tell the exact date — I came into my private 
 office about ten o'clock in the morning for the purpose of drawing 
 some checks in order to send some money to New York. There 
 was a Wells, Fargo letter lying on my table; who brought by I do 
 not know. It had been the custom to bring the letters there and 
 throw them down on my table, so I thought nothing of it, but went 
 to work at the desk drawing the checks. After I had finished, I left 
 and went home, and the next day being Sunday, did not return until 
 Monday morning, when I went from the main room into my ],>rivate 
 office and there commenced making out some bills. There had been, 
 it seems, three or four letters left on my table, and that addressed to 
 Miss Patten had been taken by Brown, the porter, as he told me after- 
 wards, and placed upon Miss Patton's table. Miss Patton came in 
 shortly and said : " Did you receive any letter for me here this morn- 
 ing? " I answered : " No ; I did not notice any letter for you." She 
 then said : " Did not you lay a letter addressed to me on my table ?" 
 I answered that I did not, and questioned Mr. Gunn about it, who said 
 he did not know anything about it. A few minutes afterwards, as I was 
 standing there. Brown came in through the main door, and I said: 
 "Brown, have you seen anything of a letter addresse(^ to Miss Patton ? " 
 He replied, " Yes, I laid oneon hertable this morning." I then turned 
 and said: " Miss Patton, did you hear that? Brown says he placed 
 the letter on your table." She answered: ''Mr. Wallis, I will send 
 you to the State Prison for opening mj- letter," and turned to iNIr. 
 Gunn and said, "Will you show me how ? " Mr. Gunn said he would 
 have nothing to do with it. I then remarked to Mr. Gunn: "Will 
 you have the kindness to show ^liss Patton the procedure whereby 
 she can send me to the penitentiary? You will do ine a great favor 
 if you will, as I am very busy this morning, and not very well, and 
 do not wish to be annoyed by or have any further conversation with 
 her." Miss Patton was then about to leave the room, when Frank 
 Freeman came in, and she turned to him and said: "I would just as 
 lief believe that you would open that letter as Mr. Wallis." She then 
 walked out and said no more. That is all that I know about that 
 letter. As to the other letter which she has mentioned, I know 
 nothing of it at all. 
 
 Mr. HiNKSON — Which other letter? A. The letter by mail which 
 she accused me of breaking open. 
 
 Mr. Ball — Have you ever opened any letter addressed to Miss 
 Patton? A. I have not. 
 
 Q. Or detained any letter addressed to her? A. No — no letter. 
 
 Q. There has been some testimony given in relation to a letter 
 said to have come through Wells, Fargo & Co.'s Express, addressed 
 to R. O. Cravens. Miss Patton has testified that she handed you such 
 a letter, and that you soon afterwards said you had thrown it into 
 the fire. State to the Board if you know anythiug in relation to that? 
 A. I do not. I do not rememljer of any letter coming through Wells, 
 Fargo & Co.'s Express beiii^- left here for Mr. Cravens. Never that I 
 am aware of did Miss Patton give me a letter in a Wells, Fargo & 
 Co.'s envelope addressed to Mr. Cravens. 
 
223 
 
 Q. Did she ever give you a letter in any envelope addressed to Mr. 
 Cravens? A. No; and I never received any, with the exception of 
 envelopes not sealed inclosing i)anii)hlets, addressed to Mr. Cravens 
 as State Librarian. I have received letters Ijy mail addressed to " R. 
 0. Cravens, State Librarian," relating to library matters, which I 
 have sent to him and he has returned to me; but I am ])ositive that 
 no letter addressed to him, coming through Wells, Fargo & Co.'s 
 Express, was ever delivered to me in this library or ever received by 
 me. 
 
 Q. Have you ever received from Miss Patton any letter in any 
 envelope addressed to R. 0. Cravens, which you threw into the fire? 
 A. No. 
 
 Q. Did you throw any of Mr. Cravens' letters into the fire, or.destroy 
 them in any way? A. No; with the exception of some pamphlets 
 which might have come in open envelopes not sealed, directed to 
 him, which I might look at, regard of no consequence, and use to 
 light the fire with. 
 
 Q. Simply open pamphlets, which you regarded as of no conse- 
 quence? A. Yes; opened pamj^hlets in unsealed envelopes, not a 
 letter. Miss Patton has also stated that I brought Brown into my 
 private office, locked the door, and had a conversation with him, 
 after which he went out and in a few minutes came into the library 
 when I asked him the question I have already related. I desire to 
 say that Brown was not in my private office that morning, locked up 
 with me at all; that the only time he was in the room was when he 
 came in, took the letters and distributed them, and then the door 
 was open, and we had no conversation whatever regarding the letter 
 of Miss Patton until I spoke to him as he came in the main door. 
 
 Q. There was no agreement or preconcert between you and Brown 
 that he should make the answer that he did make? A. No. 
 
 The Chairman — Any cross-examination? 
 
 Mr. HoLL — No, sir. I have defined the position of the prosecu- 
 tion. 
 
 Trustee Johnson — I would like to ask Mr. Wallis one question. 
 Did you tell Miss Patton you opened the letter to her? A. No. 
 
 Mr. HoLL — Any questions by any member of the Board? 
 
 None of the Trustees desiring to ask any, the defense announced 
 their case closed. 
 
 The Chairman — Any farther testimony by the prosecution? 
 
 Mr. HoLL — I have stated the position of the prosecution. 
 
 Mr. Ball — I may state to the Board that we were prepared with 
 some other testimony, which we might, under some circumstances, 
 have introduced, but as the gentleman preferring the charges and 
 the lady seeming to have some interest in them, have united their 
 destinies and gone in peace, we have nothing farther to ofier. 
 
 The Chairman — Do you desire to argue the case ? 
 
 Mr. HoLL — Not on our side. 
 
 Mr. HiNKSON — I have taken quite an interest in this matter as 
 attorney for the Librarian, for several reasons; and I had ex})ected 
 to say sometliing to the Board at the conclusion of the case. I had 
 hoped that Mr. Owen would be here in person; and were he here I 
 
224 
 
 certainly should have something to say to the Board with reference 
 to him. But he is not, and I am not one of those who will attack a 
 man behind his back. I do say this, however, with all due respect 
 to every member of this Board : that I think the conduct of Mr. 
 Owen in this matter has been simply infamous; and I am perfectly 
 willing to go on the record as having made tliat statement. 
 
 Trustee Belcher — I would not repeat it. 
 
 Mr. HiNKSON — I shall not repeat it; but I had hoped, as I have 
 said, that Mr. Owen would be here, for I would then at some length 
 have attempted to analyze this matter, and especially his motives, as 
 they suggest themselves to me. 
 
 Trustee Belcher — So far as Mr. Owen is concerned, we are not 
 trying him, and do not want to hear any remarks about him, and 
 should not were he here. 
 
 Mr. HiNKSON — Allow me to suggest this: that inasmuch as he has 
 preferred these charges, if it were shown to the Board, to its satis- 
 faction, that it was done through mercenary motives, it would be 
 pertinent, and the Board might properly take cognizance of it. 
 
 Mr. HoLL — There is certainly no such evidence, and I think it is 
 improper to make any such statements. 
 
 Mr. Ball — We have offered no evidence on that point, and do not 
 choose to. 
 
 The Chairman — Do I understand that the prosecution is willing 
 to submit the ca.se without argument? 
 
 Mr. HoLL — Yes, sir. 
 
 The Chairman — Then we do not desire to hear from the defense. 
 
 Mr. HoLL — I would suggest, as Trustee Edgerton was present dur- 
 ing the taking of the testimony, that the matter be not decided by 
 the Board until he can be present. 
 
 Trustee Belcher — I suggest that it be taken under advisement. 
 
 So ordered ; and, on motion, the Board took a recess until seven 
 o'clock and thirty minutes p. m. 
 
 At seven o'clock and thirty minutes p. m. the Board met pursuant 
 to adjournment; Messrs. Edgerton, Freeman, Belcher, and Johnson 
 being present. 
 
 On motion of Mr. Edgerton, seconded by Mr. Johnson, the Board 
 unanimously resolved to acquit the Librarian on all the charges 
 preferred against, him. 
 
 On motion, the Board adjourned. 
 
 C. E. GUNN, Secretary pro tem. 
 
225 
 
 Minutes Relating to the Investigation. 
 
 ■ State Library, Sacramento, ) 
 July 26, 1883. ) 
 
 Board met at one o'clock and ten minutes p. m., pursuant to the call 
 of the Secretary. 
 
 Members present: Freeman, Edgerton, and Owen. 
 
 President of the Board, A. C. Freeman, in the chair. 
 
 Mr. Owen moved, that as Judge Belcher was absent, the Board 
 adjourn for two weeks, to meet at the call of the President, to con- 
 sider the request of the Librarian to Miss Patton to resign her posi- 
 tion as deputy. 
 
 Motion seconded by Mr. Edgerton. 
 
 Li the general discussion which ensued, it was determined by a 
 majority of the members present, that the Board could take no 
 action in the matter, as it was beyond their power, and wholly within 
 the province of the Librarian, and the motion was not put. 
 
 Mr. Edgerton moved tliat Miss Patton be permitted to appear be- 
 fore the Board and make any statement she desired in regard to the 
 performance of her duties as Deputy Librarian. 
 
 Seconded by Mr. Owen. 
 
 Motion being put, it was declared carried ; Messrs. Edgerton and 
 Owen voting in the affirmative, and Mr. Freeman in the negative. 
 
 Miss Patton appeared, but there being no quorum present, she 
 retired without making any statement. 
 
 Quorum again present. 
 
 Mr. Owen i)roceeded to read several personal letters commenda- 
 tory of Miss Patton, but claimed them as personal, and declined to 
 file them. 
 
 Mr. Freeman stated, if there was no more business to be transacted 
 a motion to adjourn would be in order. 
 
 Mr. Wallis then stated to the Board that at twelve o'clock and thirty 
 minutes p. m. Mr. Owen had come to him in his private office, and 
 read to him certain charges against him (Wallis), signed by Mr. Owen. 
 Mr.- Wallis asked that the charges be filed. 
 
 Mr. Freeman moved that the charges be read and filed, seconded 
 by Mr. Edgerton. 
 
 Mr. Owen said "he had no desire to present any charges." 
 
 The motion being put, it was carried : Messrs. Freeman and Edger- 
 ton voting in the affirmative ; Mr. Owen not voting. 
 
 Mr. Owen then said : "Mr. Wallis, I have no more desire to press 
 this matter than you have to have it pressed. You had better recon- 
 sider your action, and I will withdraAV the charges." 
 
 Mr. Wallis declared that they involved his honor, refused to 
 reconsider, and demanded an investigation. 
 
 Mr. Edgerton moved that the Board meet on Monday, August 13, 
 1883, at the call of the Chairman, to investigate the charges made by 
 Mr. Owen against the Librarian (Wallis), which being put was carried. 
 
 On motion, the Board adjourned. 
 
 T. H. WALLIS, Secretary. 
 29 
 
226 
 
 State Library, Sacramento, ) 
 August 13, 1883. J 
 
 The Board of Trustees met pursuant to adjournment. Messrs. 
 Freeman, Edgert(#n, Belcher, and Owen being present. The minutes 
 of the previous meeting were read by the Secretary pro tern., C. E. 
 Gunn. 
 
 Mr. Edgerton moved to strike out all after the word "Owen," on line 
 eight, page one hundred and forty-five, down to and including the 
 word "forever," on line fifteen of the same page, as the same did not 
 properly belong to the minutes of the previous meeting. Carried. 
 Minutes approved as corrected. 
 
 Mr. Edgerton then introduced Hon. Matt. F. Johnson, wdio had 
 been appointed to take the place of Hon. W. W. Crane, Jr., 
 deceased member of the Board. His credentials were duly acknowl- 
 edged, and he was permitted to take a seat in the Board as a member 
 thereof. 
 
 Judge S. S. Holl appeared before the Board, and stated that he 
 desired to appear as counsel for Miss Patton, in the matter of the 
 charges preferred by J. J. Owen against State Librarian T. H. Wallis. 
 
 On motion of Mr. Edgerton, it was ordered that he be permitted to 
 appear as counsel for the prosecution in the matter. 
 
 Messrs. Johnson, Hinkson, Ball, and J. S. Wallis were permitted 
 to appear as counsel for the defense. 
 
 The Secretary then read the charges against Mr. Wallis as origi- 
 nally filed by J. J. Owen. 
 
 Mr. Holl asked to see the charges, which was allowed. 
 
 Mr. G. L. Johnson, on behalf of Mr. AVallis, read the following 
 paper, and asked the same be filed, which was so ordered by the 
 Board : 
 
 Before the Board of Trustees of the California State Library, State of 
 California, County of Sacramento, and City of Sacramento. 
 
 In the Matter of the Charges Against State Librarian 
 Talbot H. Wallis, preferred by Hon. J. J. Owen, Trustee. 
 
 I. 
 
 Now comes Talbot H. Wallis and says: 
 
 That the first charge, and the three specifications thereof, filed 
 against him with the Hon. Board of Trustees, is demurable on the 
 following grounds, to wit : 
 
 First — That said charge and specifications do not state facts suffi- 
 cient to constitute a cause of action or dismissal against him. 
 
 Second — That the said charge with the specifications is ambiguous, 
 unintelligible, and uncertain, in this: that the time and circum- 
 stances of the acts alleged and complained of, are not set forth 
 therein, and it does not appear that said acts have been committed 
 during his, said Wallis', term of office as Librarian, or within the 
 office hours; nor are they, or either of them, set forth with sufficient 
 particularity to enable him to make any defense thereto. 
 
227 
 
 II. 
 
 That the second of said charges, and the two specifications thereof, 
 is demurable upon the grounds following, to wit: 
 
 First — That the same is ambiguous, unintelligible, and uncertain, 
 in this : 
 
 (a) That it does not appear therefrom that the receiving, retaining, 
 or destroying the letters, alleged in said charge to have been received, 
 retained, and destroyed, was unlawful, or without authority. 
 
 (/;) That the time, place, and circumstances, of such receiving, 
 retention, and destruction, of letters, and the name or names of the 
 persons by whom said letters were written, and the name or names 
 of the person or persons to whom said letters were directed, are not 
 set forth so as to enable him to answer the same. 
 
 (c) That there is not set forth therein the particulars of time, place, 
 and circumstances, and in what matters and things he, the said Wal- 
 lis, has been untruthful, or wanting in proper dignity of deportment, 
 or incompetent or unfit to discliarge the responsible duties of ytate 
 Librarian, so as to enable him to answer the same. 
 
 But not Ijeing desirous of throwing any impediment in the way of a 
 speedy and thorougli investigation of said charges and specifications, 
 he, the said Wallis, hereby waives all of said objections and his right 
 of demurrer, and now invites such speedy and thorough investiga- 
 tion. 
 
 GROVE L. JOHNSON, 
 ADD. C. HINKSON, 
 J. C. BALL, 
 J. S. WALLIS, 
 Attorneys for Talbot H. Wallis. 
 
 Mr. Holl asked to amend the charges particularly b}' inserting the 
 words "and opening" in the first specification of the second charge. 
 
 Whereupon Mr. Edgerton moved that Mr. Holl have leave to amend 
 the charges against Mr. Wallis, and to serve a copy of the same as 
 amended within five days, and that Mr. Wallis have leave to answer 
 the same and serve a co[)y of such answer within five days thereafter, 
 and that further consideration of the charges be postponed till Tues- 
 day, September 4, 1883, at one o'clock p. m. 
 
 Carried. 
 
 Mr. Owen moved that the Board request the attendance of the fol- 
 lowing persons on the fourth day of September, 1883: R. O. Cravens, 
 B. D. Murphy, E. K. Dunlap, S. P. Maslin, R. M. darken, Mr. Met- 
 calf, and such other persons as may be notified by counsel, five days 
 prior to September fourth. 
 
 Carried. 
 
 Mr. Edgerton moved that W. J. Davis be requested to act as official 
 reporter in the matter of the investigation of the charges against 
 Mr. Wallis. 
 
 Carried. 
 
 C. E. GUNN, Secretary pro tern. 
 
228 
 
 State Library, Sacramento, Cal., ) 
 September 4, 1883. j 
 
 Board of Trustees met pursuant to adjournment, A. C. Freeman 
 in the chair. Members present— Messrs. Freeman, Edgerton, Owen, 
 and Johnson — Judge Belcher being absent employed in a case in 
 the United States Circuit Court at San Francisco. 
 
 Judge Holl inquired of the Board whether the statute requiring a 
 unanimous vote to remove the Librarian would be construed to 
 mean the unanimous vote of all the members of the Board, or the 
 unanimous vote of those present at any regular meeting. The Chair- 
 man informed Mr. Holl that, in his judgment, the unanimous vote 
 of the whole Board would, be necessary. 
 
 It was stipulated on the part of the attorneys for the prosecution 
 and defense that the testimony in the matter of the investigation 
 might be heard in the absence of Judge Belcher; that the testimony 
 be submitted to him, and that his vote in the matter might be had 
 at the determination. 
 
 Mr. Owen offered the following resolution and moved its adoption: 
 
 Resolved, That the proceedings of this investigation be pliono- 
 graphically reported bj^ Mr. Davis, at such per diem as may be agreed 
 upon between Mr. Davis and the Board of Trustees, the same to be 
 paid out of the State Library Fund ; provided, the Board have the 
 authority to pay out said fund for said purposes. 
 
 The roll being called, the following vote was had: 
 
 Ayes — Messrs. Edgerton, Johnson, and Owen. 
 
 No— Mr. Freeman. ^ 
 
 And the motion was declared carried. 
 
 Mr. Owen moved to strike out all the second part of the answer, 
 marked IL The roll being called, the following vote was had: 
 
 Ayes — Messrs.- Edgerton, Johnson, and Owen. 
 
 No— Mr. Freeman. 
 
 Matter ordered stricken out of the answer. 
 
 On motion, Board adjourned to September 5, 1883, at nine o'clock 
 
 A. M. 
 
 C. E. GUNN, Secretary pro tern. 
 
 State Library, Sacramento, Cal., ] 
 September 5, 1883. ] 
 
 Board of Trustees met pursuant to adjournment; Messrs. Edgerton, 
 Owen, and Johnson present. 
 
 On tlie part of the attorneys for the prosecution and the defense, it 
 was stipulated that testimony in the matter of the investigation 
 might be had in the absence of Trustee Freeman, and that it might 
 be submitted to him, and that his vote might be had at the final 
 determination of the matter. 
 
 At nine o'clock and twenty minutes, Board adjourned to September 
 sixth, at nine o'clock a. m. 
 
 C. E. GUNN, Secretary pro tern. 
 
229 
 
 State Library, Sacramento, ) 
 September 6, 1883. J 
 
 Board met pursuant to adjournment. 
 
 Matter of investigation of State Librarian Wallis taken up. 
 
 Mr. Holl stated that inasmuch as Mr. Wallis had refused to answer 
 certain questions propounded the evening previous, he would close 
 the prosecution. 
 
 On motion, it was ordered that the reporter write up the testimony 
 thus far given, and that he give the same into the hands of the Sec- 
 retarj' pro tern., C. E. Gunn. 
 
 On motion, the Secretary was ordered to have printed two hundred 
 and tift}' copies of the testimony, to be delivered to the State Library, 
 and that he attend to the correction of the proof. 
 
 On motion, the Secretary pro tem. was directed to correspond with 
 Trustee I. S. Belcher, to ascertain at what time it would be most 
 convenient for him to attend a meeting of the Board between this 
 date and the twentieth instant. 
 
 On motion, it was ordered that when the date of the next meeting 
 of the Board was ascertained, the Secretary give to each of counsel 
 five days' notice thereof. 
 
 On motion. Board adjourned to meet at call of Chairman. 
 
 C. E. GUNN. 
 
 Note. — The minutes of further meetings of the Board in the 
 matter of the investigation will be found incorporated in the testi- 
 mony beginning at page 150. 
 
 A meeting for the further consideration of the charges against Mr. 
 Wallis was called for the thirty-first day of January, 1883, but a con- 
 tinuation for the period of tw^o months was had at the request of Mr, 
 Owen. 
 
 C. E. GUNN, Secretary pro tem. 
 
i 
 
INDEX. 
 
SUBJECT i:ndex. 
 
 PAGE 
 
 Adjoumrnent to San Francisco 135 
 
 Amended charges 4 
 
 Answer to amended charges R 
 
 Charges amended j 4 
 
 Committees, Legislative, reports of — 
 
 State Library, Senate ]?>! 
 
 State Library, Assembly 132 
 
 COMPETF.NCY AND DePORTMKNT OP LIBRARIAN — 
 
 Wit7ies-'ies called for Prosecution. 
 
 darken, R. M 33 
 
 Cravens, R. 37 
 
 Gunn, C. E 42, 134 
 
 Johnson. Howard 83, 84 
 
 Kelsey, Hattie E 13 
 
 Patton,Mattie A. 50 
 
 Wallis, T. H 92-99 
 
 Wit7iesses called for Defense. 
 
 Bates, George E. 140 
 
 Beatty, W. H 138 
 
 Beaumont. Duncan i 124 
 
 Beck, W. A . 175 
 
 Belcher, William C 184 
 
 Bruce, Donald 216 
 
 Bruner, El wood 142 
 
 Buck. L. W 155 
 
 Buckley, Henry L. 141 
 
 Buckley, John J 104 
 
 Carpenter, G.J 199 
 
 Chandler, A. L 204 
 
 Church, William S 120 
 
 Cosby, George B 114 
 
 Craddock, J. H 174 
 
 Cross. C. W 171 
 
 Culver, J. H J 202 
 
 Danforth. F. R 151 
 
 Davis, Winfield J 125 
 
 Devlin, Robert T 136 
 
 Dunn, Chauncey H 143 
 
 Enos, John S 189 
 
 Fiukler, H. C 159 
 
 George, Wilbur F 118 
 
 Gildea, Charles 115 
 
 Goddard. A. F ." 145 
 
 Gordon, George W 183 
 
 Grunskv. C. E 116 
 
 Hall, W. H 1L7 
 
 Haymond, Creed 217 
 
 Howell, John G 177 
 
 L'win, William 194 
 
 Johnson, Grove L 133 
 
 Johnson, James A 213 
 
 Lyser, Albert 214 
 
 Mahon, Frank 132 
 
 Mauson, Marsden 180 
 
 Markley, John 122 
 
 Maslin, E. W 127 
 
 May, W. B 191 
 
 McCarthy, T 164 
 
 McClure, David 167 
 
234 
 
 Competency AND Deportmknt of Librarian — Witvesses called for Prosecution — Continued. 
 
 Murdock, C. A 182 
 
 Nye, Stephen G 200 
 
 O'Connor, Thomas F 157 
 
 Perkins, George C , 161 
 
 Perry, George H. 210 
 
 Rhodes, A. L. 209 
 
 Ryan, Pierce H 195 
 
 Sears, William H 165 
 
 Shattuck, A. E 129 
 
 Tobin, J. J 130 
 
 Van Fleet, W. C 102 
 
 Vrooman, Henry 205 
 
 Wallace, William T 208 
 
 Wendell, J. F : 196 
 
 Willey, H. I 122 
 
 COKSPIRACY AGAINST LIBRARIAN 
 
 Witnesses called for Prosecution. * 
 
 Kelsey, Hattie R 22 
 
 Patton, Mattie A 55, 72 
 
 Witnesses called for Defense. 
 
 Freeman, F. F 100, 106 
 
 Wallis, T. H 148 
 
 Correspondence op Library — 
 
 Gunn, C. E . 38 
 
 Hart, Albert 76, 78 
 
 Kelsey, Hattie R . 16, 24 
 
 Wallis, T. H 92-96 
 
 Deportment — (See competency and deportment.) 
 
 Detention of and Opening Letters — 
 Witnesses called for Prosecution. 
 
 Cravens, R. 37 
 
 Johnson, Howard 84 
 
 Miller, C.E 76 
 
 Owen, J. J... 89 
 
 Patton, Mattie A 45, 51, 52, 60, 64, 78 
 
 Tracy, Felix 78 
 
 Zimmerman, Mrs. 65,147 
 
 Witnesses called for Defense. 
 
 Armstrong, J. W 123 
 
 Brown, W. F J 112 
 
 Freeman, F.F 101, 107 
 
 Gunn, C. E 135 
 
 Wallis, T. H ._. 221-224 
 
 Drinking and Smoking in Library — 
 
 darken, R. M 32,34, 35 
 
 Dunlap, E. K 7 
 
 Johnson, Howard 83, 84 
 
 Kelsey, Hattie R. 11, 24.26 
 
 Maslin, S. P .._. 88 
 
 Patton, Mattie' A 43, 51, 61 
 
 Filing charges 225 
 
 Legislative committees, reports of 131 
 
 Minutes of proceedings of Board of Trustees 160, 225-229 
 
 Newspaper Publications — 
 
 Bee, Sacramento 86, 87 
 
 Mercury, San Jose 149 
 
 Patton, M. A • 72-76 
 
 Wallis, T.H 148, 149 
 
 Offer to withdraw charges 225 
 
 Report of legislative committees 131 
 
 Untruthfulness of Librarian — 
 
 Witnesses called for Prosecution. 
 
 Cravens, R. 78 
 
 Kelsey, Hattie R 16, 18, 26 
 
 McKune, John H 35 
 
 Patton, Mattie A 69 
 
 Opening Letters — (See detention and opening of letters.) 
 
II^DEX-WITI^ESSES. 
 
 PACK 
 
 Armstrong. Jolin W., testimony of, for the defense 123, 124 
 
 Oi)ening and detention of letters 123, 124 
 
 Bates, Geo. E., testimony of. for the defense 140, 141 
 
 Competency and deportment of Librarian 140, 141 
 
 Beatty, W. H., testimony of, for tlie defense 138-140 
 
 Competency and deportment of Librarian 138-140 
 
 Beaumont, Duncan, testimony of, for the defense 124, 125 
 
 Competency and deportment of Librarian 124, 125 
 
 Beck, W. A., testimony of, for the defense 175, 176 
 
 Competency and deportment of Librarian 175, 176 
 
 Belcher. W. C, testimony of, for the defense 184, 189 
 
 Competency and deportment of Librarian 184—186 
 
 Bricehmd — (See committee reports.) 
 
 Brown, W. S., testimony of, for the defense 112, 113 
 
 Direct examination 112 
 
 Cross-examination 112, 113 
 
 Opening and detention of letters 112, 113 
 
 Bruce, Donald, testimony of, for the defense 216, 217 
 
 Competency and deportment of Librarian 216, 217 
 
 Bruner, Elwood, testimony of, for the defense 142, 143 
 
 Competency and deportment of Librarian 142, 143 
 
 Buck, L. W., testimony of, for the defense 155, 156 
 
 Competency and deportment of Librarian 155, 156 
 
 Buckley, Henry L., testimony of, for the defense 141, 142 
 
 Competency and dejiortment of Librarian 141, 142 
 
 Buckley, J. J., testimony of, for the defense 104 
 
 Direct examination 104 
 
 Cross-examination 105 
 
 Competency and deportment 104 
 
 Carpenter, G. J., testimony of, for the defense 199, 200 
 
 Competency and deportment of Librarian 199, 200 
 
 Chandler, A. L', testimony of, for the defense 204, 205 
 
 Competency and deportment of Librarian 204, 205 
 
 Church, William S., testimony of, for the defense 119, 121 
 
 Comjjetency and deportment of Librarian 119, 120 
 
 Clarken, R. M.", testimony of, called by prosecution 31-35 
 
 Direct examination 31-35 
 
 Cross-examination 35 
 
 Drinking and smoking 32, 33, 34, 35 
 
 Deportment of Librarian 33 
 
 Incompetency of Librarian 34 
 
 Cosby, G. B., testimony of, for the defense 113, 114 
 
 Competency and deportment of Librarian 114 
 
 Craddock, J. H.", testimony of, for the defense — 174 
 
 Competency and deportment of Librarian 174 
 
 Cravens, R. 0., testimony of 37, 38, 78 
 
 Direct examination 37, 38, 78 
 
 Cross-examination 80 
 
 Detention and opening of letters '-- 37 
 
 Deportment of Librarian 37, 38 
 
 Untruthfulness of Librarian 79 
 
 Minutes of Wallis' election as Librarian 79 
 
 Cross, C. W., testimony of, for the defense 170-174 
 
 Competency and deportment of Librarian 170-174 
 
 Danforth, F. R., testimony of, for the defense -..151-155 
 
 Competency and deportment of Librarian 151-155 
 
236 
 
 Davis, Winfield J., testimony of, for the defense 125,126 
 
 Competency and deportment of Librarian 125, 126 
 
 Devlin, R. T., testimony of, for the defense 136, 138 
 
 Competency and deportment of Librarian 136, 137, 138 
 
 Dunlap, E. K., testimony of 7-10 
 
 Direct examination 7 
 
 Cross-examination 9 
 
 Drinking in library 7-10 
 
 Dunn, C. H., testimony of, for the defense 143, 144 
 
 Competency and deportment of Librarian 143, 144 
 
 Euos, John S., testimony of, for the defense 189-191 
 
 Competency and deportment of Librarian 189-191 
 
 Finkler, H. C, testimony of, for the defense 159-161 
 
 Competency and deportment of Librarian 159-161 
 
 Freeman, F. F., testimony of, for the defense 99-102, 106 
 
 Direct examination 99-102 
 
 Cross-examination 106 
 
 Conspiracy against the Librarian 100,106 
 
 Opening and detention of lettei-s 101, 107 
 
 George, Wilbur F., testimony of, for the defense 118, 119 
 
 Competency and deportment of Librarian 118, 119 
 
 Gildea, Charles, testimony of, for the defense 115, 116 
 
 Competency and deportment of Librarian 115 
 
 Goddard, A. F., testimony of, for the defense 144-146 
 
 Competency and deportment of Librarian 145 
 
 Gordon, G. W., testimony of, for the defense 183, 184 
 
 Competency and deportment of Librarian 183, 184 
 
 Grunsky, C. E., testimony of, for the defense 116, 117 
 
 Competency and deportment of Librarian 116 
 
 Gunn, C. E., testimony of, called by prosecution 38-43, 91 
 
 Correspondence of the Library 38-41 
 
 Incompetency of Librarian 41, 42, 91 
 
 Deportment of Librarian 42 
 
 Hall, W. Hammond, testimony of, for the defense 117, 118 
 
 Competency and deportment of Librarian 117 
 
 Hart, Albert, testimony of, for the prosecution 76 
 
 Direct examination 76 
 
 Withdrawn 76 
 
 Recalled 78 
 
 Correspondence of Library 76, 78 
 
 Ha^'mond, Creed, testimony of, for the defense 217, 218 
 
 Competency and deportment of Librarian 217, 218 
 
 Howell, J. G., testimony of, for the defense 177-180 
 
 Direct examination 177 
 
 Cross-examination 177-180 
 
 Competency and deportment of Librarian 177 
 
 Irwin, Wm., testimony of, for the defense 194, 195 
 
 Competency and deportment of Librarian 194,195 
 
 Johnson, Grove L., testimony of, for the defense 133, 134 
 
 Competency and deportment of Librarian 133, 134 
 
 Johnson, Howard, testimony of, for the defense 82 
 
 Direct examination 82, 85 
 
 Cross-examination 84 
 
 Drinking in the Library 83, 84 
 
 Deportment of Librarian 83, 84 
 
 Opening and detention of letters 85, 86 
 
 Johnson, James A., testimony of, for the defense 213 
 
 Competency and deportment of Librarian 213 
 
 Kelsey, Hattie R., testimony of, called for the prosecution 10-31 
 
 Direct examination 10-18 
 
 Cross-examination 18-31 
 
 Drinking and smoking in library 11, 24, 26 
 
 Deportment of Librarian 13 
 
 Incompetency of Librarian 15, 25 
 
 Correspondence of the library 16, 24 
 
 Untruthfulness of the Librarian 16, 18,. 26 
 
 Conspiracy against Librarian 22 
 
 Conspiracy against Miss Patton 28, 29, 30 
 
237 
 
 Lyser, Albert, testimony of, for the defense 214-216 
 
 Competency and deportment of Librarian 214-216 
 
 Mad<lox — (See committee reports.) 
 
 Mahon, Frank, testimony of, for the defense •..132, 133 
 
 Competency and deportment of Librarian 133 
 
 Mauson, Marsden, testimony of, for the defense 180-182 
 
 Competency and <leportment of Librarian 180-182 
 
 Markloy, Jolin, testimony of, for the defense 122, 123 
 
 Competency and deportment of Librarian 122, 123 
 
 Maslin, E. W., testimony of, for the defense 120-128 
 
 Competency and deportment of Librarian 127, 128 
 
 Maslin, S. P., testimony of 87-89 
 
 Drinking in library S7-S9 
 
 May, W. B., testimony of, for the defense 191-194 
 
 Competency and deportment of Librarian 191-194 
 
 McCarthy, T., testimony of, for the defense ...1(J4, 105 
 
 Comi)etency and deportment of Librarian 164 
 
 McClure, David, testimony of, for the defense , 107-170 
 
 Competency and deportment of Librarian 167-170 
 
 McKune, John H., testimony of 35-.'^ 7 
 
 Direct examination 35-37 
 
 Untruthfulness of Librarian 35-37 
 
 Miller, C. E., testimony of 76, 77 
 
 Opening and detention of letters 76, 77 
 
 Murdock, C. A., testimony of, for the defense 182, 183 
 
 Competency and deportment of Librarian 182, 183 
 
 Nye, Ste]>hen G., testimony of, for the defense 200-202 
 
 Competency and deportment of Librarian 200-202 
 
 O'Connor, T. F., testimony of, for the defense 156-159 
 
 Competency and deportment of Librarian 157 
 
 Owen, J. J., testimony of, for the prosecution 89-91 
 
 For the defense 148 
 
 Opening and detention of letters 89-91 
 
 Newspaper publications 148 
 
 Patton, M. A., testimony of 43-65, 69, 78 
 
 Direct examination 43-51, 69, 70, 78 
 
 Cross-examination 50-06, 70-76 
 
 Recalled 69, 78 
 
 Drinking and smoking 43-45, 51, 61 
 
 Opening and detention of letters 45-50, 51, 52, 60, 64 
 
 Deportment of Librarian 50 
 
 Conspiracy against Librarian 55, 72 
 
 Untruthfulness of Librarian 69, 70 
 
 Newspaper publications 72-76 
 
 Identification of messenger boy 78 
 
 Perkins, George C, testimony of, for the defense 161-164 
 
 Competency and deportment of Librarian 101-164 
 
 Perry, George H., testimony of, for the defense .210-213 
 
 Competency and deportment of Librarian 210-213 
 
 Ehodes, A. L., testimony of, for the defense 209, 210 
 
 Competency and deportment of Librarian 209, 210 
 
 Rj'an, P. II., testimony of, for the defense 195, 196 
 
 Competency and deportment of Librarian 195, 196 
 
 Sears, Wm. H., testimony of, for the defense 165-167 
 
 Competency and deportment of Librarian 165-167 
 
 Shattuck, A. E., testimony of, for the defense 128, 130 
 
 Coni]ietency and deportment of Librarian 129, 130 
 
 Tobin, J. J., testimony of, for the defense 130, 131 
 
 Competency and deportment of Librarian 130, 131 
 
 Tracy, Felix, testimony of 78 
 
 Van Fleet, W. C, testimony of 102-104 
 
 Direct examination 102 
 
 Cross-examination 103 
 
 Competency and deportment 102 
 
 Vrooman, Henry, testimony of, for the defense 205-208 
 
 Competency and deportment of Librarian ' 208, 209 
 
238 
 
 Wallis, T. H,, testimony of, for the defense ...92-99 
 
 Exchange of books, foreign and domestic 92-97 
 
 Declining to answer 97-99 
 
 Reasons for declining to answer 98 
 
 Newspaper publications 148, 149 
 
 Opening and detention of letters 149, 221-223 
 
 Correspondence of library 92-96 
 
 Demand that charges be filed 225 
 
 Wallace, Wm. T., testimony of, for the defense 208, 209 
 
 Competency and deportment of Librarian 208, 209 
 
 Wendell, J. F., testimony of, for the defense „ . 196-199 
 
 Competency and deportment of Librarian 196-199 
 
 Willey, H. L, testimony of, for the defense 121, 122 
 
 Competency and deportment of Librarian 1 121, 122 
 
 Zimmerman, Mrs., testimony of, for the prosecution 65-69 
 
 Testimony of, for the defense 147, 148 
 
 Direct examination 65-67 
 
 Cross-examination 67-69 
 
 Opening and detention of letters 65, 66, 147, 148 
 
i 
 
- ^- / fV/ "•■l«t^ UC, BERKELEY LIBRARIES Mr-f'