Los Angeles herald., 1892-02-04
DONALD M'KAY.
He Makes the Prosecution
Look Silly.
An Indictment Which Says He
Has No Existence.
But His Presence in Court Shows
That He is Alive.
A Sensational Developments Yesterday
In the Trial of Ex- Councilman Gibbs
Who Is Accused of Obtaining
Money Under False Pretenses.

Quite huge sensation was caueed in
department one of the superior court
at noon yesterday when Attorney Mum
day asked Judge Smith to dismiss the
case against Edward A. Gibbs, charged
with false pretense, on the ground that
the grand jury Indictment was defective;
it set forth that there is NJ such person
Donald Mckay, and Attorney Munday
nonchalently announced that the indi-
vidual in question was in the court
room.
The above announcement fell like
bombsheil among the attaches
of the district attorneys office,
but they were considerably relieved
when Judge Smith refused to comply
with the motion of the attorney for the
defense. The morning session OF the
court was consumed in hearing the tes-
timony OF several witnesses for the pros
ecution, who were proceeding on the
theory that no such person as Donald
Mckay existed
When the afternoon session opened
Donald Mckay was put on the stand for
the defense. He testified that he was
an architect by y.profession. and had lived
on the Pacific coast for many years. He
had been In the employ of architects
Leonard and Davis Of this city for some
time past he had been in the employ OF
the Redondo Beach company at Redondo
as carpenter and builder He had
bought the land involved in the suit
from Gibbs as a speculation, and had
never seen the real estate and had given
his note in payment for it. He had not
seen Gibbs for six months and had al
ways been known by the name of Dom
aid Mckay; the mortgage in question
had been acknowledged before notary
public, whose Office was on Main street,
not far from the court house.
William Martin was the next witness
for the defense, and testified that he had
known Donald Mckay for one year and
half at Redondo, where he had been
employed as carpenter; previous to
that time Mckay had been an architect.
Charles w. Davis, the architect, testi-
fed: 81 am acquainted with Donald
Mckay, and first met him four years
ago; be was employed in my office for
him at Leonard's Office. Slnce Mckay
LAS OCCn iOCdCC0 db ANtdOHuV hC los
visited my Office quite number OF
times"
j. w. Osburn testified that he had
been a searcher of records for nineteen
years, and lived in Los Angeles for three
years and half, having left here a year
and a haff ago to go to Alamedacpunty,
where he is now located He was ac-
quainted with Edwin Gibbs and Donald
Mckay, and was present at the transac-
tion between them for the transfer OF
the land in question. The papers for
the transfer had been drawn up by him
He was searcher of records at that
time in this county, and it WAS his i'm
preston that four mortgages had been
made out, one for each deed The wit
ness had been employ ed here by the
Los Angeles Abstract and Title COM
pany.
Attorney McComas-F For what amount
were those mortgages drawn?
Mr.. Osburn-My impression is that a
mortgage for $4,000 or $4,000 was
drawn with each deed for the four quar-
ter sections.
L. H. Gibbs, brother OF the accused
was placed on the stand, and deposed
that he had been present during the
negotiations between his brother aud
Anderson; the later took the papers
and went away with them to see law
yer, and came back later, aud said they
we're all right; he had not been present
when the stock and livery stable were
turned over to his brother by Anderson.
He was a beneficiary in the transaction
as he had received the note from his
brother in exchange for five acres OF
land in San Diego county. He received
the note December 10, 1889 and was to
receive the livery stable stock when the
note was transferred When the papers
were handed to Anderson he said he
would see his attorney, and if they were
all right he would go ahead with the
trade.
Continuing, the witness said: "My
broth said nothing about he financial
standing OF Donald Mckay at the time
OF the transfer; neither did he say any
thing about McKay's title b ing perfect;
Mr.. Phelps was present at the time the
conversation took place. Ny brother
held mortgage for $40 sou on lands in
San Diego county winch was ample
security. The note for 81 1888 35 WAS
given to nee.
B Phelps testified that he WAS ac-
quainted with Gibbs and Anderson, and
was present at the negtiatins for the
sale of Alderson's stable IT, Gibbs Mr..
Gibbs saw him the day before and asked
me if l wanted to sell my place. told
him no, but / had friend. Anderson,
who wanted TO sell Anderson came to
my place and met Gibbs and took him
down to see his place. They met the
next day, and Aide son told how much
stock he had, and Gibbs aid he must
show it to his brother. They made the
trade at my place. Anderson asked
$500 Gibbs said that wa 100 mlrh,
and finally Anderson dropped to $3.50
Gibbs said they would meet him in an
hour, and did so, and Gibbs said he had
been disappointed in getting money,
but that he had note secured by prop
erty for $780, / advised Alderson to
have the papers examined, aud he said
if he went to his attorney it would