The San Francisco call., 1895-12-13
The Burden of Guilt Is Thrown
on the Brother, Who
Is in Exile.
IT WAS THE DOCTORS MONEY.
The Cash Drawn Out or the Eve of
Failure Was Carried Off by
Frank Mcdonald.

The jury in Judge Bahr's court yes.
terday declared Richard II. Mcdonald Jr..
the Pacific Bank wrecker not guilty of the
charge in Che indictment for embezZle-
ment for his part in getting away with the
$4,000, which his brother Frank had
announced in the newspapers was lost
from his trunk in Chicago.
The defense introduced evidence to show
that the money which was drawn out after
banking hours the evening before the
suspension by the two brothers was drawn
by checks of DR.. r. H. Mcdonald, signed
by Frank v Mcdonald as his attorney,
and that "Dick' had nothing to do with it.
Tney claimed that the doctor had balance
at the bank ample to cover the amount,
and that the money was drawn to pay back
an overdraft at the Chemical National
Bank of New York, but the prosecution
had proved that there was no overdraft
and that the money never was used for
any such purpose. However, the defense
succeeded in shifting the burden to the
shoulders of Frank V. Mcdonald, the
cashier brother, now in exile, and the jury
had nothing to do but bring in verdict
of not guilty against the ex-vice-president
now IN jail.
The defense at the opening of court in
the morning recalled W. S. Boldly, who
had been collector for the Pacific Bank.
He testified that neither when he gave the
$4,000 nor when he gave the $4,000 to Frank
Y. Mcdonald on the afternoon of June %
was he accompanied by the defendant and
he did not see Richard with Frank after
ward that afternoon.
Carroll Cook made the opening state
ment for the defense, promising to show
~ Oh
II. Mcdonald Jr. by Frank Y. as his attor-
ney, to be used for the purpose of repaying
an overdraft at the Chemical National
Bank OF New York; that the money when
drawn was charged to r. II. Mcdonald Sr.
and became his property, and that what
was done with it could be no affair OF the
banks; that even if any crime was COM
mitted it was committed by Frank Y. Nc
donald and not by Richard because he
would show that the latter had nothing to
do with drawing tie money or using it.
w. 81. Eastland testified that as finan-
cial broker for the Pacific Bank in New
York in June, 1898, he had gone to the
Chemical National Bank and arranged for
al oVerdraft.
Joseph K. Carter, who was assistant
bookkeeper at the Pacific Bank, exhibited
books 10 show that the Pacific Bank was
indebted in June, 1883, to the Ch mical
National Bank to the amount OF $12l 253 IL.
On cross-eXaminatlon he said that this
was the secured account and that there
were no overdrafts drawn after Eastland
had arranged for them. AS to the rela-
tions of the brothers IN the bank he
said that they were lust friendly,
as between brothers. except at times
when Frank would want TO put through
some matters or schemes of his own which
his brother would object to. They differed
as to methods of banking. When any
such friction would occur Frank would
prevail"
D. NJ. Gavigan, deputy from the Re-
corder's office, produced the records
showing that a power of attorney from
DR.. Mcdonald to Frank Y. Mcdonald,
dated III New York June 1898, and re-
voked in January, 1894, had been filed for
record June %, 1898. The power OF
attorney, however, only gave Frank
Mcdonald the right to transfer real estate
for his father and not to draw checks or
do any other business.
L. Vescari, who had been paying-teller
at the Pacific Bank for twenty years.
testified that Frank V. Mcdonald had
been in the habit of drawing checks in his
fathers name.
This closed the case for the defense, and
Carroll Cook, for the defense, and Walter
s. Hinkle made short addresses to the
jury.
Judge Bahrs charged the jury that if
they found that R. H. Mcdonald Sr had
balance on his account at the bank suffi-
cient to pay the checks and if Frank V.
Mcdonald had authority to withdraw the
money and open and avowedly withdrew
it they would not be justified in convict
ing the defendant.
At the close of the Judges charge Mr..
Hinkle threw up the sponge and said that
a verdict of acquittal would be rendered.
The jury was out but half an hour, and
when they came in brought verdict of
not guilty.