The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-30
INDICTMENTS BY
THE GRAND JURY.
ATTORNEY DAVIS, FRIEND O.
MILLSPAUGH, ACCUSED OF
EMBEZZLEMENT.
R. H. M'DONALD'S CHARGES
STRAW BoNDsMEN AND BUCKET
SHOP KEEPERS TO Be IN
VESTIGATED.

H. III. Davis, the attorney who is accused
of having acted in collision with Claims
Adjuster Millspaugh of the Southern Pa
cific Company, was indicted by the Grand
Jury yesterday. Presentments were also
filed against DR.. William Jenningson, John
Carnage and D. NJ. Blank for attempting
to extort money from r. III. Mcdonald.
The evidence in the latter cases is not
believed to be very strong, being mostly
given by r. H. Mcdonald and his wife.
There was but little corroborative evidence
given outside of their testimony, especially
as far as John Carnage is concerned. Some
OF the grand jurors were reluctant to bring
presentment against the three men, as
they feared the story to be trick of Nc
Donald's to injure the reputation of per-
sons who might be brought to testify
against him at his next trial. There seems
to be no doubt that Jenningson pressed
Mcdonald for money claimed to be due
him, or unat Blank called on Mcdonald,
but the evidence of attem pied extortion is
weak. Carnage is said to have been brought
into the case only on hearsay.
The evidence against Attorney Davis is
said to be very strong. The Indictment is
for enlightenment, and was made on the
complaint of Simon Davis, a musician at
the Iivoi Opera-house. The accused and
the accuser, though of the same name, are
not related to each other. Simon Davis
was injured by an O'Farrell street car last
October. He afterward called at the Office
of the Southern Pacific Company TO secure
a compensation for his injuries, loss of
time while injured, etc.
He was referred to a mar whom he at
first believed to be Millspaugh, but who,
Davis said last evening, he knows was not
the predecessor to Byron Waters as claims
agent of the railroad company. This man
asked Davis whether he was any relation to
Attorney III. IL. Davis, and insinuated that
the latter was the best man to secure
settlement of the case. The next evening
Attorney FL. ii. Davis secured front seat
at the TivoH Just opposite his namesake's
position in the orchestra. The attorney
spoke to the musician at the first oppor-
tunity and business dealings were opened.
Simon Davis agreed that if the attorney
could secure him $175 above all fees and
expenses he would compromise with the
railroad company.
The attorney soon came to the musician
and stated he had compromised the case,
but that all he could get was $125. He
said that Simon Davis could have all this,
as the railroad would also pay him a fee of
$50. When Simon Davis learned that his
attorney had secured $3.50, as far as the Of
ficials of the railroad company knew, he
became angry and sought his namesake.
The only excuse the attorney gave was
that he had had to divide up with some
one else, or the money could not have
been obtained at all. The insinuation
was that Millspaugh was the one who ex-
torted the ''divvy."
Simon Davis considered that he had
been swindled and he went to the Grand
Jury. The officials of the railroad COM
pany smelt a mouse and started an investi-
cation which resulted in Millspeugh's dis
charge. Several other cases like that of
Simon Davis were brought to light. No
evidence tending to criminate Millspaugh
has been brought before the Grand jury
The indictments were filed by the grand
jurors at $3.50 P. NJ. They returned to their
rooms and began an investigation of the
case of Thomas Croke, who is said to have
embeZZled $500 from the permit fund of
the Street Department when he was
clerk under Superintendent of Streets Ac-
kerson. John Fitzgerald. Charles Gagus
and Larry WEIGH, who were also employees
under Ackerson, were the principal wit
nesses yesterday.
The investigation went over until next
meeting, when it is believed Croke will be
be indicted, as AckersoD, who is now i'll,
will give strong testimony against the man
to make good whose shortage the ex-Su-
perlntendent of Streets had to pay into the
permit fund $4,000. Croke is still in town.
The Grand Jury is nearing the close OF
It's labors, but before it finishes it will at
tempt to clean up its work by indicting a
large number OF persons who constantly
live in violation of the law and who bring
dlscredlt upon the purity of the city gov
eminent. Particular attention will be
paid to professional straw bondsmen.
bucket-shop keepers and workers of fraud
during election times.
The matter of Sheriff Whelan and his
fees will probably be passed by the Grand
Jury, as some of the members believe
other parties should attend to the case.
There are lot of persons who hang
around the Police Courts and work with
the shyster" lawyers in furnishing straw
bond to criminals with the connivance of
some officials This business has grown
so large that the Grand Jury has decided to
stop it if possible to obtain evidence. Con-
siderable evidence has already been Sc
cured and several of the guilty parties
have grown very cautious.
Some indictments will be filed, however.
before the Grand Jury adiournS. Several
bucket-shop keepers will also have to an
swer to the law and test the constitutions
atty OF that section which forbids the sell
ing of pools except at the racetrack Those
guilty OF election frauds. who have not
been indicted already, may breathe more
easily, as 1t is believed no further indict-
ments in this line will be brought in. How
ever, several cases will be investigated this
week, and if sufficient evidence can be Sc
cured to separate the guilty from the inno-
cent indictments will follow. So far the
necessary evidence has not been secured.
Attorney HI. III. Davis was arrested last
night on Grand Jury indictment and was
atterward released on $1,000 bonds.