The morning call., 1894-05-09

$4,000, and has always recognized the money
covered by said letter OF credit as not having
been paid on account OF this bank; and where
as, said money was never paid on said account /;
and whereas. said letter OF credit has been sur.
rendered TO said Pacific Bank by said Swanbei g,
and all his rights hereunder given up; and
whereas, since said stocks were deposited as
aforesaid with said note said SwanbrTg has
had surrendered to him $50 shares of the stock
OF said Morgan Oyster Company and In lieu
thereof has deposited with This bank 2500
shares of the capital stock OF said Ice and Cold
Storage Company, this bank now holding OF
said stocks 80 shares OF the capital STOCK OF
said oyster co OmpaDy and 45OO shares OF said
Ice and Cold Storage Company; and whereas,
said agreement has not hereI ofore been carried
out with said Swanbeig TO surrender said note
and stocks i'll the event of The failure to secure
The said money on said letter OF credit, al
though said SwaDbeTg has ever demanded and
in nsisTed that the same should be carried out !;
and whereas. it clearly appears that said
stocks are no part OF the assets OF this bank,
and that they are the property OF said Swan
berg, which This bank is uBjustlv Withholding
from blm; now therefore
Res0ived, That the aforesaid pr0missory note
10 said Westphal be Immediately delivered to
said Swauberg, together win the certificates Of
stock representing the said $500 shares Of the
capital stock of the Merchants Ice and Cold
Storage Company. and The certificates OF stock
representing the $50 shares OF the capital stock
Of the Morgan Oyster Company.
Resolved further, That the secretary ot this
bank deliver said note and said certificates 10
said SwanDrrg.
Thereafter in accordance with the above pre-
amble and resolution handed the sealed pack
age received from The messenger hereinbefore
mentioned 10 Mr.. Swanberg, and fhereupon re-
ceived from him the letter OF credit issued by
the Pacific Bank upon the Union Bank (Limited)
OF London, England. Mr.. Swanberg then said
that as justice had at last been done TO him he
would show his appreciation by inviting US all
10 supper. Previous 10 this DIR. h. II. Taylor
had stated that he had eaten nothing since
morning. Others made similar statement, so
the invitation was accepted by al except
Messrs. Montgomery Mcdonald and Wiley.
My motives in this and other matters have
been entirely upright and just as lar as honor
able intention can make them so.
Charles Montgomery was the next wit
ness called by the Grand Jury, and he re-
NAMED close:ed with that BODY almost as
long as Secretary Graves. He also filed
an affidavit, in which he says, regarding
the Swanbrrg securities:
At a meeting OF the directors OF the bank
held on the evening of Nav ], 1894, there were
present A. l.. Jenkins. r. Il. Mcdonald Jr,
Hiram I. Graves and myself as directors, Dr.
L. X. Taylor and Z. =. Morey Esq, attorneys
for C. o. Swanberg, j.. E. Phillips, associate
counsel of The bank, aud Ii. [. Wiley. The
meeting was called TO order by X. H. Mcdonald
Jr. in the chair. Immed ately after the meet
ing was called Mr.. Mcdonald offered for the
consideration of the board certain preambles
and resolutions which lie stated rad been pre-
pared by Mr.. Swanbergs counsel with the
Demas and Shortridge. These preambles and
resolutions are hereto annexed ana msde part
Of this affidavit Thereupon MIR. Mcdonald
made a speech, In which he declared that the
securities belonged 10 MIR. Swanbere; that they
should have been returned 10 him before, and
that he was now desirOus OF rendering to Mr.
SWanDerg an act of justice. Al the conclusion of
this and in gOod iaitb, believing 1t to be just and
right, L moved the adoption of the preambles
aud resolutions. which were thereupOn sec
onded by Mr.. jenkins. Thereupon Mr.. Nc.
which were unanimously carried, and acting
upon the instructions therein contained, Mr..
Graves handed sealed package containing
the said securities to Mr.. Swanberg, who In
turn handed TO Mr.. Graves The four letters Of
credit issued by the Pacific Bank. TbereupUn Mr.
Swanberg declared that at last ali act OF justice
had been done 10 him.
tufther and in this behalf / declare that at
no time has any individual connected with this
Transaction made 10 me any offer OF money or
other consideration for my action in this mat
faith, voluntarily, for the best Of purposes as |
believed, and that am absolutely DlaIneless OF
any wiOngdOiDg whatsoever connected with the
same.
Swanberg wanted to be called by the
jury. but the grand jurors did not appear
10 want any explanations from him.
No more witnesses were examined, and
the Grand Jury remained IN executive ses-
sion for all hour longer, when Ii adjourned
till 3 O'Clock this afternoon.
Judge Hebbard remained In his cham
bers all the afternoon. expecting the jury
10 file some sort of report, but his long
walt was had fer nothing.