Q.  It  is  only  lumber?     A.  Yes,  sir.
Q.  It  is  sworn  to,  warrant  drawn  upon  it,  and  paid  with  a
check  which  you  endorsed  and  now  identify  here,  and  it  was  for
the  exact  items  which  I  show  you  upon  the  ledger,  and  why
then  did  you  pass  to  the  credit  of  the  State  of  New  Jersey  on
that  account  that  it  owed  only  $331  instead  of  $399.  Mr.  Heath)
I  will  come  right  to  the  point.  You  got  for  that  lumber  from
the  State  $899.34 ;  you  charged  it  up  on  your  books  and  credit
to  the  State  $331.90;  the  difference  between  those  two  is  $67.44;
what  did  you  do  with  that  ?  ^.  I  can't  tell  you  anything  about
that  now ;  these  books  were  kept  by  the  clerks.
Q.  Can  you  indicate  any  account  on  your  ledger  to  which  that
$67.44  went  ?    A.  Probably  could  find  it  if  I  had  time.
Q.  Have  you  any  memory  about  it?     A.  No,  not  that  I  know.
Q.  I  read  from  page  801  of  the  ledger,  February  19,  1891 :
"  Cash  debtor  to  the  State  of  New  Jersey,  in  settlement  of
account,  $331.90;  Samuel  Heath  debtor  to  cash,  $331.90,  trans-
ferred." Doesn't  that  indicate  that  the  check  of  the  State  did
not  pass  through  your  books  at  all;  isn't  that  what  it  means —
you  only  passed  enough  through  to  settle  that  account  and  kept
the  rest?  A.  The  accounts  are  all  run  by  the  bookkeepers,  and
the  checks  are  handed  over  to  me  to  endorse,  and  he  takes  them
to  the  bank  and  deposits  them.
Q.  Can  you  explain  this  singular  circumstance  in  regard  to
the  State  check?  ^4.  No;  I  can't  explain  it;  I  can't  explain
anything ;  I  don't  know.
