St. Paul daily globe., 1891-05-09
A Well Merited Black Eye
Given Him by the Grand
Jury Report
For Aspersions Made by Him
That He Could Not Sub ~ Q !,
stantiate. 'an'
The County Attorney Hauls
Him for That Purpose Be-
fore the Jury.
The Inquisitors to Be Kept
Standing to Meet Emer-
81 geneies.

The inquiry into the defalcation of j..
P..Davis by the present grand jury was
brought about indirectly by the report
of Public Examiner M. ID. Kenyon, but
directly by County Attorney O'Brien,
investigation after learning that Mr..
Kenyon had by Inference cast an asper-
sion upon other parties connected
with the clerks Office. Accompany
ing his report of an investiga-
ton of the office of clerk of
the courts to Mayor Smith, chairman
ex-officio of the board of comfy COM
missioners, Mr.. Kenyon enclosed let
ter which was deemed worthy the at
tention of the grand jury, although he
probably, only intended it for the board.
The letter was laid before County At
torney I. D. O'Brien on May 6, the day
it was written. On the same day the
county attorney wrote letter to the
public examiner, in which the letter of
Mr.. Kenyon to Mayor Smith was re-
ferred to in so far as it related to the
defalcation of Jay P. Davis. MIR.
OBrien quoted MIR. KenyOn's letter as
follows:
AS to obtaining money on such certificates.
while the certificates were signed by j. P
Davis as deputy clerk, there is evidence to
my mind that many OF the certificates were
indorsed by other parties. showing that such
parties were either participating in the fraud
or privy to it. Assuming that such other per-
sons were co-employes with Davis (as is
probable) as an official, am constrained to
say that it is dangerous to the public to have
persons in its service who would share IN
frauds of this character, even if not commit
ting them, and 1t seems to me that the In
vesIigations should be pursued to find If DOS
sible any and all participants in these trans
actions.
Mr. O'Brien's letter then proceeded,
after the above quotation, to say: Il
confess that this statement in your re-
port is surprise to me, as the matter
of defalcation was very fully lnveStl-
gated by the grand jury of this county
for the January, 1891, term of our dis
trict court, with the result that i've in
dictments were found and returned
against j. 2. Davis alone. The grand
jury is now in session, and if you have
discovered any evidence against any
other persons, connecting them with
the defalcatiOn, l earnestly desire that
you furnish me with it at once. and
also that you appear before the
present grand jury aDd put them
may thoroughly investigate the whole
matter. j. P. Davis had large num-
ber of co-employes. among them several
well-known and highly respected young
gentlemen, and | cannot believe you
have made this general charge against
them without evidence to support it.
AS they cannot all be guilty, it is only
proper that the guilt be placed where it
belongs, even if there were no higher
considerations"
The county attorney then summoned
Mr.. Kenyon before the grand jury. Mir.
OConnOr was also summoned as Wit
ness and asked for thorough investi-
CATION. The grand jury made report
in the matter yesterday, signed by Will
lam G. Robertson, foreman, which is as
follows:
The report of the public examiner in the
matter of the defalcauon of Jay P. Davis,
dated May 6, 1891. relating to the completely
of other parties i'll that defalcation, has been
called to our attention by the county attoT-
ney, and we have made a thorough investi-
CATION of the same, and find that there is no
evidence to justify any action to be taken by
this grand jury.
1t would appear from this that MIR.
Kenyon has so far exceeded his duties
and his knowledge as to merit severe
rebuke. He directly charged that some
one in the clerks Office shared the guilt
of Davis, and then when summoned be-
fore the grand jury utterly failed to
substantiate the charge. Assuming
that such persons were coemployeS with
DAVIS, as is probable" said Kenyon.
What right had Mr.. Kenyon to make
any such assumption? By what author
ity did he, public officer. presume to
cast a stigma upon the clerks en-
pIoyed in that office? He went before
the grand jury and was able to show
what? Nothing.