The morning call., 1893-06-14

the bank. About a month ago he met
Flood on Montgomery street, near the en-
trance to the Lick House.
At that time Flood asked the witness
now much he valued certain piece OF
property at that Flood had once owned
and decided to Mr. Haven.
The witness told him S17,500
Then Flood said he might get the lot
Oack again some day.
Il asked him. then, what In the world
became of the money he took from the
bank" said the witness.
Il paid it ou. over that counter" Flood
replied.
Il then said to him that it was worrying
Mr.: Donohoe. that Mr.. Donohoe was sick
ana that he ought to go ana see the old
gentleman ana tell him all about it. /
saio 1t was his duty to do so.
Flood replied that it would do him
more harm than good to do that and that
perhaps Mr.. D0nohoe would not receive
MIN. 1t will all come out in court,
be said.
Il then told him that if it was anybody
near MIR. Donohoe who had got the money
ne ought to tell it in private rather than
let le come out in court and become public
property
Did you not know that MIR. Flood had
secured counsel and had been advised not
to talk about his case ?' asked Attorney
foote on crOss-examination.
1he Wltness-Yes; L knew he had coun-
SCI, Dnt wanted to give him advice and |
old II. 1t was good advice.
ms was the last witness the prosecu-
tlon had 10 offer yesterday, and General
barnes stated that in the morning the
Bank Commissioners would be put on the
stand.
Attorney Foote had his instructions to
the jury already typewriter, and pre-
sented them 10 the court. Then, before
the adJonrnment came, the defense intro
duced two documents as part of tho cross
examination Of Mr.. Haven.
one Of them was dated June %. 1876.
and contained q notice to defendant that
on and after the July folio wing he would
DC made partner in the profits of the
banking house of Donohoe, Kelly s. Co. 10
the extent OF one-eighth OF the net re-
celpts. The letter also guaranteed that
this one-eighth should not fall below $4,000
year.
The other document was the partnership
agreement between the members of the
hrm. 1t read as follows:
Articles of partnership made this 23d day OF
June, 1884, between Eugene Kelly OF the city
OF New york and Joseph A. Donohoe, Howard
raven, John w. Flood and john Parrott, all of
the city OF San Francisco.
Inc SAID parties hereby associate themselves
as partners under the firm name OF Donohoe
Kelly & Co., to transact the business OF bankers
In the city of San Francisco from and after
On and after that date they Will succeed to
the property. assets. liabilities and business OF
the present firm OF DOnohOe, Kelly & Co., and
take the place OF said present firm In all its
contracts and transactions.
The capital OF the new firm shall be $500,
oOo whereof said Eugene Kelly, J. A. DODohoe
ana John ParrOtt shall contribute equal por-
tions, or $4,000 each.
The capital Is TO draw interest at the rate OF
per cent per annum, PAYABLE semi-annualy.
and In the liquidation Of he affairs OF the part
nershtp each party's caLital shall be repaid
him before there Is any division OF profits,
HOWARD Haven and John ". Flood are al
lowed salaries OF $4,000 per anDum each, which
shall be charged part of the current ex-
penses of the business.
The profits OF the business over Interest and
capital and all current expenses shall be d.
Vided between said parties in the following
proportion. viz: Said Eugene Kelly shall re-
celve 80 per cent thereof; the said Joseph A
Donohoe 33 cent thereof; the said Howard
Haven 3 per cent thereof; The said John W.
nlood IL per cent thereof; and the said John
Parroit per cent thereof
The accounts of the business shall be written
up ana balanced sem-annnally, on the first Of
January and The first OF July of each year, and
Inc pronis and losses ascertaned and declared
annually July OF each year.
Any partner deslrous TO withdraw from the
partnership shall give 10 the others six months
notice OF his intention to do So the six months
TO terminate January or July l, as the case
may be.
Upon this document the defense depends
largely for its case 1t will endeavor to
show that 1t Was while Flood was a part
ner in the business and long before the
bank became incorporated that the short
age occurred.
The funds misused, the defense will
claim, did not belong to the present bank
ing-house.
The hearing will be resumed this morn
ing.