The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-17
MCDONALD JURY
FAILS TO AGREE.
IT STOOD SEVEN FOR CONVICTION
AND FIVE FOR ACQUITTAL
FINALLY.
THE DEFENDANT IS HAPPY.
HE LOOKS UPON THE VERDICT IN
THE NATURE OF A VICTORY.
OTHER CHARGES.

The Mcdonald Jury has disagreed. The
strongest case the people had against the
ex.vice-president of the Pacific Bank has
failed to convince jury of his guilt, and
his prospect of eventually escaping the
grasp of the law which has been closed
upon him ever since the bank closed its
doors has greatly increased. 1t was well
known long before the jury was called into
court that seven stood out for acquittal and
five were steadfast in their belief in the in
pocence OF the defendant, and it was also
known that from the time of the first bal
lot the vote had remained practically the
SAME.
The jurors were: James Parry, 10 Bros
nan place; Richard NJ. Collins, sos Capp
street; J. G. Jackson, As Market; William
Mccarthy, 525 O'FarrelI; George S. Borne
man, 126 Kearny; Henry Cowell, oil
Drumm :; Michael T. Brewer, $50 Twenty
third; James COsgrove, 100 McAllister;
Theodore Kruppers. 2020 Pine; Charles
Adams, 1884 Market; J. Goldberg, 219
Montgomery; J. Kohlbecker, 123 Fourth.
Of these Jackson, Mccarthy, Goldberg,
Brewer and Cosgrove were originally for
acquittal. After much elOquence and ar
gument by the seven opposing jurors Cos
grove finally weakened and voted for con-
.Yiction, but before the jury was called in
had once more succumbed to the argu-
ments of the four and he again Joined with
those who considered Dick Mcdonald in
nocent.
1t was nearly II o'clock when the jury
was called into court yesterday after it
had been out nearly nineteen hours
Michael I. Brewer, the juror who had done
the talking when the jury had been in
court Friday evening, announced in an
swer to the courts questions that no agree
hot
there was no likelihood that the Jurors
would become unanimous. Each juror
was then asked in turn his opinion as to
the probability of a verdict being reached.
Mr.. Cowell said that, like st. Paul being
relieved of his blindness, the scales would
have to fall from the eyes of several of the
jurors before any verdict could be rem
dered. Juror Mccarthy thought there was
no probability of any agreement, and other
jurors were of the same opinion.
The Judge, therefore, allowed them to
retire, In doing so he expressed a disin-
clination to keep the jury out any longer
than was necessary to ascertain that no
verdict could be reached. Any further
deliberation by the jury would be loss of
time, he thought, and, therefore, if counsel
was willing he would allow the jury to dis
band. There was no objection from either
Iivernash or Barnes; and the court, after
thanking the jury for their attention to the
case and expressing sympathy for them for
having been kept from their business so
long, discharged them and allowed each
one an exemption from jury duty for
year.
The question upon which the jury hung
was upon the oath-whether or not an
actual physical oath had been admins
tered by Tharp to Mcdonald to attest the
truth of the semi-annual statement of
the bank, filed on January IS, 1893. The
question whether or not the defendant was
insane was apparently not considered by
the jury at all. The prosecution realized
that this question of the oath was the weak
point in its case, but Jenkins testimony
that the statement had never left his
sight long enough to be sworn to was too
strong to be offset in the minds of the
jurors.
The perjury trial will not be tried again
until the other charges have been investi-
gated and brought before a Jury There is
still pending a charge of embezzlement
against Mcdonald himself and another in
which he is a cOdefendant with Jenkins.
These two Will be given a hearing before
the perjury case will be tried again. In
the meantime the District Attorneys office
will fight any reduction in McDonald's
bail.
The disagreement is looked upon in the
nature of victory by Mcdonald and his
counsel. He does not think the other
charges can be made to stick, and he is
feeling particularly happy over the result.
His wife was with him during all the
morning, but felt unable to stand the
strain of listening to the words of the jury
when called into court, so she retired to
an adjoining room while the jurors were
being discharged.