The morning call., 1894-07-06
DICKS GOOD NAME
1t Is Evidently at a Dis
count.
VoIuminous AffidaVits Read in Sup
port of a Change of Venue
for Mcdonald.

The long-expected motion for change
of venue in the case of r. II. Mcdonald
Jr, indicted for the embezzlement of
$40, 900 from the Pacific Bank. was made.
or rather commenced, yesterday before
Judge Murphy.
Dick was in court, of course. downcast
in appearance as ever, while he had the
never-failing support of his loving wife's
presence to cheer him in bis adversely 1t
was trying ordeal for Mrs. Mcdonald to
go through, as the proceedings consisted of
the reading of interminable affldavits In
support of showing to be made by Dick 8
counsel to the effect that a fair and Impair
tial hearing cannot be secured for their
client in San Francisco at least.
Attorney Z. j. Livernash, who Is asso-
ciate counsel with ex-Judge Darwin for
the defendant, staggered into court yester-
day under the burden of eleven volumes of
affidavits in support of his motion. As
soon as the case was called Mr.. Lvernash
proceeded to read, as a commencement. a
voluminous affidavit of his client. In this
Dick Mcdonald rehearsed all the proceed
ings from the organization of both the
Peoples and Pacific banks down to their
final smashup, with the scandals attendant
thereto.
Mcdonald stated that from the very first
hint of there being something wrong with
either bank he had been vilfed and
abused. He complained that no one
would give him credit for even doing the
best be could. but so far from that every
one seemed to set him down as an Im.
postor and thief, and to lay all short
comings at his door, Under the circum-
stances he could not see how he could
expect fair play in San Francisco, so he
begged leave to move for change of venue
Following this Mr. Livernash proceeded
to read an equally assertive document pre-
pared by himself. Judge Murphy waxed
impatient.
How many of those have you got?" he
asked.
"Oh, fifty or so,' returned Livernash.
And how long will it take you to read
them, pray?"
About two weeks" was the cool answer
''NOt if l know it, it WON'T" returned
the irascibe Judge.
District Attorney Barnes, who repre-
sented the prosecution, suggested AS way
out of the difficulty that the affidavits
should be placed on file. But the District
Attorney was promptly sat upon by the
Judge, who tartly replied that he 'wouldn't
read all that pile of stuff for worlds" He'd
rather hold night sessions or do anything
to rush matters through. So Lvernash
| was permitted to resume his reading.
There were affidavits from all sorts and
! conditions of men and residents in the city
| The banker, the merchant, the capitalist
| the butcher, the baker. the candlestick-
maker-eveTy had something to say
about Dick. Some Swore TO afldavts de-
| claring that Dick could not get fair trial
| others declined TO help him in any way.
| Some of the remarks of the others a.
read by Mr.. Livernash were quite amusing
| They were In this vein: Hang him al
once, the -: There's no smoke with
out fire.; II wouldn't even try him" HE
ought to have been hanged long ago.;
Fetch me a rope and a tree; He's al
impOstor and sWindler"; Let him rot in
| jail" and so forth. With the reading oi
some so-called inflammatory articles Mr.
Livernash closed proceedings for the day
| The reading will be resumed this morning