The morning call., 1894-05-23

speaking In the highest terms of the man.
that >. A. Mcdonnell, the druggist. learned
MS business from DR.. r. II. Mcdonald in
sacramento; that he worked for him for
years when a young man, and that
naturally he would have kindly feeling
toward him. Though all concede that he
Is an honest man they think that for this
reason he should not serve on the directory.
1t was stated at the meeting of the com.
mlttee of seven last evening that that body
had not rendered the Office of general man
ager OF the Peoples Home Savings Bank
to any one; that no offer or proposition of
Such nature had been made by the COM
Inittee or any of its members.
statement to the contrary is Just as
positively made Receiver Sheehan of the
People's Home Savings Bank declares
that the committee of depositOrs has
offered all sorts of inducements urging
MIN to become partisan in the bank
matter. He states that members of the
committee have approached him to throw
Attorney Watt over, and have then gone
to Mr.. Watt with propositions to throw
the receiver down.
They offered to make me general man
ager OF the bank if l would stand in with
them that | was not in the business of
making directors. that l was placed in the
bank upon an order of the court, and that
fixing up slate for a directory was with
out my province. l told these gentlemen
that l would put on my hat and walk out
of the bank rather than take part with any
Of the factions planning to control it."
The four indicted directors of the Peo-
,IaJg
aid Jr.. Hiram 7. Graves, A. l.. jenkins
and Charles Montgomery. appeared before
Judge Murphy again yesterday morning
for arraignment
All looked pretty much the same as on
the previous occasion. Dick was still
d0wncast, TO all appearance, and when ad-
dressed by the court his reply was almost
inaudible. The other three defendants.
not being confined in the dubious atmos-
phere of the County Jail, wore a fresber
and more confident look. AS before, ex-
Judge Darwin and L. J. Livernash ap-
peared for Dick. Henry Z. Highton for
Graves and Jenkins. while Montgomery,
as before, was legally represented by w.
II. Jordan.
As soon as Dick was called upon to plead
to the charge Mr.. Darwin rose. saying that
he desired TO present motion to set aside
the Indictment, on the grounds set forth in
an affidavit sworn TO by his client.
do the other defendants join in this
motion?" asked Judge Murphy, looking
round at them.
No direct reply was given. but it was
understood that the three defendants, be-
ing included with Mcdonald on the same
indictment, would abide the issue of Dicks
motion.
Dick was then sworn to the facts con-
tanned in the affidavit, and Mr.. Darwin
proceeded with his motion.
1t was to the effect that the petitioner
desired to set aside the indictment of the
Grand Jury on the ground that it had
not been found in accordance with the
provisions of the Penal Code. In the first
place, Dick Mcdonald had received no
notice of the charges to be in vestgated by
| the Grand Jury, and had had no oppor-
tunity to present to that tribunal his state
ment in relation to the facts.
Secondly, the petitioner thought that he
had good ground for a challenge to the
panel. IN his judgment each and all of
the grand jurors were in a state of mind
previous to the investigation which pre-
vented them from giving the charges fair
considerable If this could be shown, the
petitioner had a perfect right 10 object to
them as jurors in his case.
On these grounds an order was asked
for directing all the grand jurors to ap-
pear for examination, with the view of
ascertaining their qualifications to act as
Jurors in the investigation of these charges.
Judge Murphy formally granted the
| application, and ordered the Grand Jury
/ to appear for examination at p NJ. to-
| day. to which time the further arraign-
ment Of the defendants was continued.
The Grand Jury returned an amended
| indictment against Dick Mcdonald yes
terday, and Judge Hebbard fixed the bond
at $4,000. The change consist edin adding
! the names of Attorney General Hart and
| O. f. Minor, note-teller of the bank, as
! witnesses, with reference to the taking Of
| 10000 from the Pacific Bank on June %,
1898, with which Dick Mcdonald is
| charged.
The following witnesses were in attend
| auce upon the Grand Jury yesterday: o.
T. Minor. secretary Of the Pacific Bank
! Emil Bel.eTman ST., manager Of the Peo-
| pies Home Savings Bank; Attorney-Gen-
eral Hart, Joseph Winterburn and Column
| bus Warehouse. former directors of the
| Peoples Home Savings Bank; John E.
! Farnum, former manager of that institu-
ton. now holding the same position with
the Pacific Bank; D. r. Rae, who graded
| the San Luis Obispo lands. and Miss
| Grant, formerly private secretary 10 DIR.
R. II. Mcdonald. Miss Grant and Mr..
! Rae were excused for the day. MessrS.
| Bellerman, Waterhouse and Winterburn
were examined with relation to the trans
! fer of the San Louis Obispo lands, upon
which action the Grand Jury is discussing
| the adVisability of returning an Indictment
against DR.. r. II. Mcdonald. The lands
were graded at S148, 500, and were disposed
| Of to the bank at $4,000 and the Pacific
Bank given credit for that amount.
Judge Hebbard has given judgment in
! favor of the defendant concern In the suit
! brought againsti.the Pacific Bank by Sec
rotary CT. Rea.
The suit was instituted by Rea to set
aside the election by which Captain ''Jinl"
Mcdonald became president of the bank.
Il was claimed that the election was in
valid because no proper notice had been
served upon the stockholders nor had
the statutory demands in respect to