The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-24
R, MCDoNALD'S ALLEGED BLACK
MAILERS NOT GUILTY OF
FELONY.
STATEMENTS OF THE ACCUSED
BELIEF THAT THE NAPOLEON OF
FENANCE" HAS INJURED
HIS CASE,

Grand Jury made out the indictments in
good faith, but it will probably be found
that the law takes from the Grand Jury
the right to indict the three men for
felony.
Extortion is the word used legally for
blackmail. According to the law person
who succeeds in obtaining money by ex-
tortion, or one who writes letters to an
other person with the intent to extort
money, is guilty of a felony, but one who
makes a verbal threat to injure a man if
money is not paid is only guilty of a mis-
demeanor. The members of the Grand
Jury were evidently not aware of the
wording of the Penal Code when they de-
cided to indict Jenningson, Carnage and
Blank Section 524 of the Penal Code reads
as follows:
Every person who unsuecessfully attempts
by means of a verbal threat to extort
money or other property from another is guilty
OF a misdemeanor.
The question as to what jurisdiction the
Grand jury has in cases of misdemeanor
has come up several times recently. There
are some cases which may have techni-
cal phase so that the Grand Jury has
power, but in cases like the present one all
of the alto rneys interviewed on the subject
y
OF Jenningson, Carnage and Blank were
under the jurisdiction of the Police Courts
and not of the Grand Jury.
The present Grand Jury is doing great
deal of hard work. Its meetings are fire.
quent and OF long duration. On Friday the
session did not come to an end until few
minutes before P. NJ. When the jurors
arrived at decision to indict Jenningson,
Carnage and Blank neither the District
Attorney nor any of his assistants were
around to give legal advice. The members
Of the Grand Jury knew that extortion or
blackmal was felony and they
believed that an attempt by a YER
bal threat, such as used by Blank, was
also felony. Therefore, Foreman Gagen
made out the indictments in the absence of
the attorneys.
The members of the Grand Jury were
astonished to see the result of their labors
in yesterdays CALL but all seen admitted
the truth of the story, knowing that there
was no reason In trying IN trying to lock
the stable door after the horse had been
stolen.
R. H. Mcdonald Jr. was one of the most
astonished men of all. When interviewed
In the County Jail yesterday, he said there
remained but little to say, as the CALL
story covered the whole matter He said
1t was perfectly correct, except in the SEN
tence In which he was referred to as liar.
He boldly challenged any one to prove he
attempted blackmail, he said:
must refuse to make any statement as
would violate the oath taken before the
Grand Jury. suppose have the right to say
Few things, and these viii tel you. Jen-
ningson claims that he spent $3.50 at my re-
quest while on a trip to England in 1892. Now,
the first claim ever made on me for the money
was made two months ago. John B. Carson.
the attorney for Jenningson, called on me and
stated that Jenningson had a claim of $3.50
against me for money advanced He also stated
T-,rr- bod r017 ,1rf, fI,o% had
portsnt information in his possession that
would not like TO have come out. stated that
If Jenningson had any vouchers or could prove
his claim would pay it as fast as could Sc
cure the money.
Blank first came to me about two weeks ago.
he said he represented Carnage, and that he
wanted me to pay $3.50 or Jenningson would
make public some information, documentary
evidence and the like. More than this, was
told that Jenningson had said that District
Attorney Barnes without him as a willing wit
ness could do nothing in the way of convicting
me, but that with his testimony Barnes would
have no trouble TO secure conviction.
OF course l understood these to be threats,
but 1 refused to accede to their demands for
blackmail for three reasons. First, L have no
money; second, if I allowed the bloodsuckers
to squeeze out the first drop of blood more at
tempts would follow; third, by bribing the
men to suppress testimony they could charge
me with perverting the course of justice. Then
they would have a hold on me, and how they
would try TO work me. saw through their
tricks and blocked them.
Inc Del1el OF many persons having kHOWl-
edge of the affairs of the two wrecked
banks is that Dick Mcdonald may have
stopped all attempts to blackmail him,
but that he has signed his DOOM as Jen-
ningson and Carnage have sufficient evil
dence, if furnished to the prosecution, to
send Dick across the bay. Jenningson was
McDonald's confidential man during all
the troubles of the banks. Carnage was
McDonald's private detective during his
noted divorce suit and during his troubles
with Clara Belle and Seneca Swain. He
was also employed in other work con-
nected with the two banks.
John Carnage, one of the indicted was
very much worked up yesterday and furi-
Gus at Mcdonald and the other witnesses
against him. He said:
The article in the CALL this morning was
like thunderbolt out OF a clear sky to me. I
was never more astonshed in my life In no
way or manner did have any connection with
any one going to Dick Mcdonald for money.
something up before the Grand Jury affecting
me, and, knowing that the crowd about Dick
Mcdonald was up TO anything, went to the
District Attorney and asked TO be summoned
and was and appeared before the Grand Jury
after 3 O'Clock last evening. Nothing was
asked or said that gave me any idea that there
was anything serious in store.
/ know nothing that such a charge could be
based on, and can only conceive that it is a
cunningly devised scheme on the part OF that
little Dick Mcdonald Charles MONTGOMERY and
w. II. Eastland They are all in together and
up TO anything. You can imagine what sort
OF testimony such men would give. Take Mont
gomery, who has been indicted. Take any of
them. However, l cannot believe that have
been indicted yet / saw the District Attorney
to-day and he tells me that he knows of no in
dictment against me.
Dick evidently has an idea that have been
digging down and trying to find out things
that viii injure him, and particularly where
he has his money hidden. I have been work
ing in the interest of depositors, and it was in
their interest thetI met Jenningson, whom
have known only two three weeks. / had
no other business in the world with him. |
suppose that the reason Dick is attacking him
is simply that he wants to pull him down SO
that he can't hurt the Mcdonald outfit. The
most preposterous thing about it all is the
amount that we are charged to have tried to
get-$250.
]. B. Carson, DIR. Jenningson's attorney,
had complaint ready for filing in suit
to be brought by DR.. Jenningson for 1922
against Dick Mcdonald for expenses in
CURED in transacting business for him
while the doctor was East last. McDon-
AIDS charge before the Grand Jury is that
the amount demanded in blackmail was
$3.50. Mr.. Carson says that while Dr.
Jenningson was East Mrs. Jenningson