The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-05-30
HARD WORDS USED
Pike and Mahoney Talk
Again.
DENOUNCE THE RECEIVER.
Committee of Five EXonerates
Everybody.
. DEPOSITORS ARE IN ANGRY MOOD
Bank Directors Are Arraigned and
Dick McDOnald's Attorney Asks
for a Change of Venue.

CAfluBS Dduh last evening, DuL Tor the
most part the proceedings were not marked
by extraordinary events.
To begin with. the members Of the COM
mittee of seven recited what they had done
since their appointment. Then the COM
mittee of five, appointed TO investigate the
charges arising from differences between
Receiver Sheehan and the committee of
seven, submitted guile a long report, in
which they found that the oisagreements
arose from Misunderstanding. 1t exon
:. Grated the committee from blame and COM
plimented the receiver for devoting his
careful attention TO The Interests Of the
deD0sitoTs.
Secretary Pike made speech uncompli-
mehtary TO Receiver Sheehan. Thomas
MahOney declared that the depositors had
not q drop of American blood in their
veins if they allowed Sheehan to remain
as receiver.
Louis H. Mo0ser regretted such re-
marks. 1t was such language which
caused the formation of the rival commit
tee Of depOsitoTs, he declared.
Thomas Mahoney interrupted, saying:
well, let's 90 down TO the Jail then and
get Dick Mcdonald and the rest Of his
gang to preach in front OF the bank"
This remark was heartily applauded.
General Sheehan explained his position
to us satisfactorily" replied Mr.. Mooser.
A chorus of hisses greeted this statement.
DR.. D. Mclean and some others who
took more conservative view favored the
appointment Of a committee to confer
with the other faction of depositOTs. The
meeting would not tolerate this. and in.
siructed me committee of seven 10 act as
g. II pleased In the matter
bIr. MoOser declared that the other CON-
mittee represented more money. Mr.. Ne
Carly declared that it was not so, and Nh
MoOser modified his statement, saying
that the opposition represented nearly as
much money.
l.. +. Kendall made a statement charg-
ing w. .. Palmer the former secretary Of
the bank, with scheming IN favor of the
opposition committee.
- Secretary Pike declared that Dick Nc
UQnald was an angel compared TO Shee-
han, and that Chris Evans and Sonntag
were serving time for doing less than
=. Sbeehan had done.
This language was repudiated by Dr. d
=: Mclean.
:. A resolution was adopted for the ap-
DOIntment Of committee Of three II wait
upon judge Habbard to ask him to remove
d Receiver Sheehan. Subsequently the ac-
!. tiON was TeCunsidere1 ana the resolution
laid over until next meeting.
ms TWO committees of the creditors Of
the Peoples Home Savings Bank were
hard at work yesterday receiving sigma
lures 10 the rival papers. a. b. Bracket
and DR.. Clapp of Oakland signed to the
amount Of $4,000 on the paper which the
committee Of seven has in charge. The
members Of this committee are very hope
ful and declare that the outlook is very
encouraging, though as the amounts have
not been posted up. no estimate can be
given of the total sum represented by de-
pOsitoTs who have signed with this COM
mt.ee.
i. II. Clement is continuing the work of
the other committee. He hopes 10 have a
quarter of a million dollars represented
before the week is out.
Receiver Sheehan Yesterday offered T.
McCarty permission TO remain in the bank
and secure signatures tor the paper which
the committee Of seven is distributing
He advised both committees to unite thsir
forces and work t.gether.
The officers of the Pacific Bank were
busily engaged yesterday in arranging for
the payment of per cent dividend to
creditors OF that Institution.
Pleas were taken Yesterday morning in
the cases of Dick Mcdonald, Hiram 7.
Graves a. l.. jenkins and Charles Mont
gOmery, indicted for embeZZ lement in con-
nection with the Swan berg securities.
When McDonald's name was called by
Judge Murphy, ex-Judge Darwin rose and
stated - the court that be desired TO with
of his client.
Very well, sir" said the Judge. Take
Mr.. McD0nald's plea, Nj. Clerk
Dick stood M. and in answer to Clerk
NOrton's question returned mot guilty" 10
fairly firm and distinct tone. His newly
welded wife sat besde him in court, and
encouraged him from time to lime with
smiles aud hopeful gestures.
II was then the turn Of the other de-
PENDANTS to plead. Three separate demur-
rers 10 the indictment had been filed, and
It was announced that Henry T. HightOn
would make one argument for all, as the
points n each were Identical.
Mr. HlghtOn demuTred to the indictment
on technical grounds. he endeaVored to
show that the facts alleged therein, even
# proven. did not constitute the crime Of
embeZZlement, but that OF grand larceny.
He said to prove enlightenment IL would
be necessary 10 show that the defendants
mad been entrusted with these securities
by virtue Of their Office. But there was
no proof that the property had ever passed
lnto lher hands in this way.
IL had been held by the Supreme Court
tha' directors of corporations were not the
COnts olI'ns power. Mr.. Highton quoted
numoer OF authorities on this point So
LnaL ms properly alleged to have been
eHoeHIIeu could never have been legally
ana properly entrusted to the defendants.
That being SO, the securities must have
Oeeh acquired by fraud. and therefore no
embezziemeDt was committed. If anv-
. thIhg, IL was grand larceny,
JuuRe Murphy promptly oyerrnled the
demurrer without calling upon Assistant
DlsIrlct Attorney Hosmer toreplv ne said
GO IL was simple enough prOposition vas
% charged mat these defendants as of4icare
OF me Penple's Home Bank received cor
: tain securities which they AMMONIA 81 -
their own use. II proven tho "boroo ne
would constitute the crime NJ orha1ikia
ment / lie directors Of a bank were ipso
facto the bank itself and responsihle
therefor. Let the defendants plead,
The usual questions were then askad
and Graves. Montgomery and .Tenkips
pleaded mot guilty" in turn.
Then came the question of setting tba
cases for trial. First OF all it was an
nouneed that each defendant demanded a
separate trial. That being so it would he
for the District Attorney to decide who
should be tried first. 1t was proposed thar
these trials should follow Immediately
upon Dick McDonald's trial upon the other
Indictment That trial had been set for
June 81.
Both Jordan and Highton said that the
evidence of Swanberg was very material
10 their cases. Swanberg was at Stock
holm, in Sweden, and 1t would be neces-
sary TO take his deposition. At least
sixty days would be required for this.
judge Murphy said be thought forty
days tune enough. and peremptorily set
tire cases for July 9. Further, he told Mr..
LlyeTnash that he must be ready with his