St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-07
SENT FOR SIX YEARS.
Final Act Performed in Ex-
Deputy Clerk Davis Fall
From Power.
Pleads Guilty Of Fraud and
Hands Over $4,000 to
the County,
From Which His Long Con-
tinued Populations Will
Be Made Up.
Clerk 0'Connor Largely In
strumental in Getting at
the Stolen Money. =.

| pledueu guilty. 10 one Oh the HYe ll1ulcL-
ments for forging jury certificates, and
was sentenced to six years at hard labor
i'll the penitentiary at saltwater. AL
though there have been rumors in Off
| cial circles that the populations of Davis
| have been into the thousands of dollars,
yet when it became apparent yesterday
that the sum total would reach nearly
| $50, 200, the people were literally as
founded. 1t is not known to what .eX-
| tent the fOrgeries have gone, but
| this is believed to be the outside
limit, and there is little doubt
eft that for the opportunities he had
! Davis was marvel in his peculiar line.
| The facts are more astonishing since
Davis was the last man suspected of
such glaring rascality, and that, too, as
! Judge Kerr said, under the very eye
of the court and in the temple Of JUS
| tice."
Cy Wellington represented Davis. T.
| ID. O'Brien, as county attorney, repre-
scented the state, and G. D. O'Brien rep
resented r. L. O'ConnOr, as clerk of the
court. After Davis had entered his
| plea of guilty, he and the attorneys
named retired to all outer room, where
| three sets Of papers were executed IN
triplicate. When they returned c. d.
| O'Brien stated to the court that, on be-
| half OF Clerk O3COnn0r, he desired to
read these papers and have them filed
| as part Of the records of the court.
The first paper read was stipulation
| signed by J. p. Davis, T. d. O'Brien, az
| county attorney, Erwin & Wellington,a
attorneys for Davis. and by Martha A.
Davis, his wife. 1t recited the facts
that Davis chad been indicted of the
crime of presenting a fraudulent claim
TO public officer for payment, and his
plea of guilty to the indictment, and
that he had stated in open court that he
had obtained from the county, upon the
false order, upon which he was in
dicted, and upon other similar false
orders, several sums of money without
having the right to do So" The stip-
ulation also recited that Davis had on
Dee. l, 1890 (Which was the night of his
arreSt, transferred and delivered to r.
L. OConnOr certain certificates of de-
post upon
Several Banks
in st. Paul, aggregating $40, 544. A, which
sum had been deposited at various
times, and which certificates of deposit
were by Mr.. O'COnnOr turned over into
court. 1t was also stipulated that as
soon as the amount unlawfully received
by Davis shall be ascertained, the re-
mainder of the sum shall be turned over
to Davis or his assigns.
Another OF the papers was a release
signed by Davis and his wife discharg-
ing r. T. O'Connor from any claim by
them for any of the money by suit or
otherwise.
The other paper was an assignment
by Davis of all his interest in the sur
~, II fn
d. O'Brien handed over the papers, and
with them the certificates of deposit,
which he desired the court to accept and
place in the proper depository of the
court to indemnify the county against
any loss by reason of the acts of Davis.
Judge Kerr ordered the papers to be
filed. and the certificates of deposit to
the amount of 1854 A, with their ac-
crued interest, TO be deposited to the
credit of the county in the proper depos-
itory to await the determination of the
amount taken by Davis
County Attorney L. ID. O'Brien stated
that as far as he knew, the county was
fully Unidentified, and if. upon inveSti-
CATION, he finds the amount will cover
all loss to the county, he will recon-
mend nOle as to the other indict-
ments; but he would at once move for
which Davis had pleaded guilty.
Mr.. Wellington made a somewhat eX-
tended plea for leniency. He did not
attempt to palliate the offense. Davis
was guilty of felony under the statute,
and the punishment took wide range,
the maximum being seven years in the
peniteutiary and fine of $1,000. In
view of the fact that Davis was young
and had wife and child to support,
and that the county was fully reim-
bursed, he asked for conSiderate judy
ment.
Davis was sworn to answer such queS-
tons as should be asked by the court,
and in response to inquiries stated his
age to be thirty-one, by profession
A Lawyer,
with some experience as a clerk, but
| that he had no mechanical trade.
Judge Kerr stated that he would pro-
| nounce sentence after he had time to
reflect, and proceeded with other bust
| ness for an hour or two, and then re-
| tired from the. court room for few
minutes. He returned at S o'clock and
took his seat upon the bench, called
Davis up and proceeded to dispose of
| the case.
Judge Kerr was yiSibly affected, aud
SPOKE WIFI COllSlu6TdDl6 l6S1US Oh
| sympathy about as follows:
MIR. Davis, the duty which evolves upon
| me is the most painful one have ever had
| to perform. have known you ever since
| have been on the bench as a competent,
| obliging official. You have been educated in
| the law. and ought to have known better.
| have listened to what counsel has said in
| your behalf and | feel deep sympathy for
| your wife and family. l would gladly make
! the sentence light if 1 saw it was my duty to
| do so. But this was not an isolated case.
You continued systematic robbery or lar
| ceny in the hall of justice. and under the
| very eye of the court. You were a LAWYER
and trusted official, and you have
| carried on a systematic defiance OF law.
| / cannot in justice to my conscience and
| it is impossible for me TO reconcile a light
| sentence with my idea Of duty, however
much it is my inclination to do SO. The
| judgment of the court is that you be sem
| fenced to hard labor at the state penitentiary
| at saltwater, for the period of six years.
Davis had appeared pale and thought
| full while in court, and he betrayed no
signs of emotion when sentenced.
| From conversation had with him be-
| fore sentence, it was cleaned that he eX-
| pected the maximum limit. In that con-
versation he declined to state how long
| his populations had continued, or how
much he had taken. He stated that he
! brought some money with him when he
came to St. Paul, but that statement is
not regarded as true by number of
persons, who said that he was taken
into the Office by Mr.. O'Connor upon
recommendation Of gentlemen who
stated that he and his family were then
| In Extreme Poverty.
and did not earn sufficient money to
more than keep them from the starva-
ton point Mr.. Wellington stated that
when the matter is sifted to the bottom
it will be found that the sum of money
turned over to Mr.. O'Connor will
amount to about $1,000 more than
enough to indemnify the county.
In speaking of the matter last even
ing, Auditor Kahn said that it is prob
able the shortage will be about $4,000.
He had begun an examination Of the
matter and had gone back for about
two years. The work is difficult be-
cause Davis destroyed the stubs from
which the certificates were issued, and