The morning call., 1894-06-28
WANTS A CHANGE OF VENUE.
Attorney Livernash Reads Score
of Affidavits.
THOUSANDS MORE.
Dick and His Wife Compelled to
Listen to Expressions of Public
Anger and Hatred.

Dick Mcdonald was brought before
Judge Murphy once again yesterday. this
time presumably 10 take his trial upon an
indictment charging him with the embez-
Element of securities belonging to the PeO-
ple's Home Savings Bank.
Dick appeared downcast, as usual, and
as he listened to the proceedings his eyes
were bent resoluteiy on the ground. His
faithful wife sat by his side and smiled
upon him from time to time. But there
were moments when her forttude gave
way, and tears trickied down her cheeks
as she listened to rum0rs of what the San
Francisco public thought OF her newly
welded husband.
The trial did not 90 on. after ALL As
soon as the case was called Attorney E.
Liveruasb, McDonald's counsel, produce
a number of affidavits in support of mo-
ton for a continuance. He proposed from
these affidavits to show that the popular
prejudice against Mcdonald in this city
was so great at tue present time that it
would be impossible to secure him a fair
trial. and that, consequently. motion for
change OF venue must eventually be
granted.
The first affidavit read by I.iyernash
was his own. In this he set forth that the
population OF San Francisco was some
thing like 800, souls, many of whom
were competent to serve as jurors in this
case. 1t would be possible to show that
each and every man ont of all these thou
sands was so far prejudiced against Me-
Donald as 10 disQualify him from acting
That being so. further time was necessary
In which to procure yet more affldavits,
and when all was ready formal motion
for change of venue would he made.
LiVernash instanced the newspapers as
having published articles of an 'nflamma-
tory" character, denouncing Mcdonald and
his whole conduct as director of the Pro-
Dle's Home Savings Bank. 1t must not be
forgotten that the depositors in the Peoples
Bank numbered 10000. all of whom had a
grievance. Then, again. a large number
Of depositOTs in the Pacific Bank blamed
all their misfortunes to Dick Mcdonald.
Mcdonald was made the scapegoat OF the
whole party.
"Mass-meetings have been held" said
Mr.. Livernash, mass meetings at which
men got up and suggested the lynching of
my client. Hundreds of these persons long
before he was ever indicted by tue Grand
Jury wanted to see Mr.. Mcdonald hanged.
Nay, more, at one meeting a man got up
with rope in his hand and called upon
the people to aid him in lynching Mr.. Nc
Donald fOrthwith. THIS suggestion re-
ceved uproarious applause at the time"
1t was deposed by Mr.. Lvernash that
both the press and the public of this city
were so eager to convict Mcdonald that
they wanted TO send him TO San Quentin
without any legal proceedings whatever.
A number of articles wore read in support
of this contention. The affidavit closed
with the assertion of the atlantis belief
that under no circumstances could Dick
Mcdonald get fair and impartial trial in
San Francisco.
Dick Mcdonald had also prepared an
affidavit which was read by Mr.. Livernash.
This set forth that the affiant intended to
apply for a change of venue and that 1t
was necessary that he should have ulenty
of time to prepare several more affidayits
than those already introduced. He de-
clared that he was already prejudgsd, ths
feeling of anger and hostility against him
being so great in the city.
Other and similar affidavits were read
by Mr.. Livsrnash. These were sworn to
by Copeland Thomas, E. A. Rosenthai.
Harold Latter, Fred Sharp, Hugh w.
Skeene and George II. Rock.
When Mr.. Livernash had finished Dis
trict Attorney Barnes moved to have them
struck out He said they were uncertain,
Irrelevant and untrue.
Il shall deny that notion" said Judge
Murphy. These affidayits are part of
the record and will have TO stand. But [
don't know about continuing this case fur
another month. l don't think l can do
that. This case was set a month ago for
te-day and the defendants counsel have
had ample time.
81 do not regard very seriously the con-
tention of the defense that the articles
which have appeared in the public press
have been inflammatory and preJudiclal
At the same time do not think it neces-
sary to prepare some 10000 affidavits to
prove this alleged prejudice. 1t is only
necessary to secure enough evidence to
make showing. think The defendant
has had ample time. but will grant one
weeks further continuance"
Mr.. Livernash was heard to saw thpt a
week was better than nothing, whereupon
Judge Murphy retorted that he was not
compelled to grant any continuance at all.
He merely did not wish 10 be hard on Nc
Donald. On the reminder of District At
torney Barnes that week from yesterday
wolld be July the case was continued
until to-day week, July 8. A motion for
a change of venue must be made then or
not all.