McCain

Petitioner (termed “plaintiff” in his petition for writ of mandate) had been a police officer of the city of Richmond for 14 years, and in 1956 held the rank of sergeant. He was assigned to the records division of the department May 6, 1956. Among the duties of that division was the receipt of cash bail. On May 14 it developed that $263 cash bail, received May 5 and presumably placed in the cash drawer on that day, was missing. On May 18 a like amount was found to be missing. The $526 shortage was the subject of newspaper stories. Seventeen employees of the police department were assigned to the records division and had access to the cash drawer where bail money was kept. By petition to the police chief dated May 21, signed by all 17, these employees referred to the “adverse publicity,” stated their belief “that we are all equally suspected of appropriating the missing funds,” and concluded by “strongly urging that a full scale investigation, including the use of the latest scientific aids, be employed at once in an earnest effort to establish the innocence, or guilt, of each of the undersigned ...”

Petitioner was the third signer of this document. Although he testified that he…