The morning call., 1894-04-14

of any meeting was published, except o.
DR.. Longs call, pursuant to which the
April meeting was held. If anybody wa
hurt by such dereliction it was the stock
holders themselves. He would now cal
Secretary Rea to the Nitness-stand.
Baggett wanted 10 know II the presen
proceedings had been taken for the pro-
lection of both banks. i've been IN
formed" he said, ''that some of the dl-
rectors are not in accord with you. Mr.
Stone. Some. believe, do not wish these
proceedings taken."
Stone, doubtless mindful of recent diff
ferences with Dick Mcdonald. said tina
if any directors had those views they hac
never expressed them to him. Il dom
care who the men may be-" said Stone
significantly. The man does not exist
from r. II. Mcdonald down to the poores
clerk, that has ever suggested that ht
wanted these proceedings dismissed. 81
saving, he sat down and the examination
of Secretary Rea was entered upon.
DIR. Rea said that on December %. 1893
he was visited by some one from the Jour
nal of Commerce, who told him 1t was the
last day on which he could advertise The
annual meeting of the Pacific Bank stock
holders. On this representation be ad
vertised the meeting In that paper, bu
afterward dropped il.
81 would like to ask you." said Judge
Sawyer, "if you remember Captain Me
Donald and myself calling upon you aDd
Captain Mcdonald asking why you had
not called the meeting?
"Yes; said l did not know of such 6
meeting; had no copy of the bylaws"
Ibid you not sue out an injunction after
that?"
''Yes."
80 then." said Dunno, ''you. the holder
of ten shares of stock only. issued two suits
to prevent two meetings of the stock
holders since January last?"
mo; merely 10 see whose duty it was to
call the meeting"
WAS it not to prevent meeting being
called?"
mo. The second suit was to prevent
the publication of the notice."
A letter was then produced from Secre-
tary Rea to Judge Sawyer. about Decem-
Der "a, 1898, alter which two injunction
suits were brought against the stockhold-
ers.
Dunno then asked: "Were you present
at Mr.. McPike's Office on March 16 last.
two days before DR.. Long inserted his cali
TO the stockholders
Il was"
did not DR.. Long produce his call and
direct you to publish it? And did you not
say, Pm If publish anything where
upon DR.. Long said he would have to pub
lish it himself"
81 don't remember"
This closed DR.. Rea's testimony, and
then Louis E. Phillips moved, on behalf
of R. II. Mcdonald Jr., to dismiss the
proceedings.
boiled over. well, l like this" he said.
IAN attorney. not appearing in the case.
moves to dismiss a proceeding on behalf
of man not party to the suit. If there's
anything in law that beats that I'd like to
know IT."
rs r. H. Mcdonald Jr. party to the
suit?" asked Judge Hebbard.
Attorney Phillips was forced to admit
that Dick Mcdonald was not one of the
defendants, but he was there as a witness
in the case.
Stone said something about shaking the
dust of the Mcdonald clan from his feet,
but was cut short by the Judge, who
briefly denied Phillips motion. Side Is
sues being disposed of, let the case pre-
ceed.
Dunno then called upon Stone TO make
some more admissions. which so exasper.
ated the irascible attorney that he jumped
to his feet. declaring that he desired either
a continuance or withdraw from the
case. SIT looks as though l were botf
plaintiff and attorney in this case, and
won't stand it," he said excitedy.
"What do you mean?" was asked al
around.
II wont lend my name to any chicanery
or foolishness." shouted Stone. Get
substitution of attorneys and let me with
draw. Meanwhile l move that the case b.
at present adjourned"
Dunno thought that family row in The
Peoples Bank was not sufficient cause fol
an adjournment. The present matter con
cerned the Pacific Bank and the People,
Bank had nothing whatever to do with it
Judge Hehbard said the motion for {
continuance would be denied.
well. then," said Stone, II Withdraw
from the case al ogether.
ITO that we offer not the slightest OBJ
jection." politely responded Dunne
Secretary Rea was then called up anC
told what his counsel had done. Re,
looked at Stone. ''Td rather he'd STAY.
he said.
swell, then, stay" sighed Stone re
signedly and heroically. In the best in
terests of all stay"
Judge Sawyer then went on the witness
stand and testified as to the meeting a
DR.. Rea's house. on Valencia street, wher
Captain Mcdonald asked him why he ha(