The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1895-07-05
Davenport Acnultted.

Davenport Acquitted,
Much to the surprise Of of every one
q telegram was received here Saturday
stating that "Doen Davenport was sc'
quilted of the charge Of counterfeiling
Mr. Garland, his attorney, Davenport
and several witnesses returned on Sun
day. Davenport and his friends were
naturally much pleased at his release
Davenport is well known in this com
munity and his conviction was moi
doubted, as his guilt was apparent Il
every one. The Portland papers give
long accounts Of the trial which ore
substantially as follows: "Docn Dav.
export, a druggist of Tangent, charged
with counterfeiting, was awarded his
liberty in the United States court yes.
terday BY the order Of Judge Bellinger
who instructed the jury to find . ver-
dict Of acquittal. This Is in line With
the policy pursued by Judge Bellinger
IN this sane case at the time Of the ar
raignment VI Davenport, who offered
to plead guilty, and the court, after
hearing .he statement Of the accused,
permitted a withdrawal Of the plea Of
guilty. The statement If Darenrort
was that he Was induced to procure
plaster af.pariS monlds and make
counterfeit dollars at the request Of
Charles Fresh, who was employed by
Secret Service Agent Nicholas r Har.
ris thus to entrap Davenport. The de-
fendant said he had no criminal intent
when he made the spurious coins for
Fresh, and was only showing him
how such workers operoted, and made
bnt two or three pieces, Fresh express.
ing just a curiosity to see the mode en-
ployed. He made no other except
those at the request of Fresh, and was
not engaged in counterfeiting prior to
the visit of Fresh.
Judge Bellinger held that the offers
of the government ought not to 10
about the country instigating crime.
AT the trial yesterday Fresh testified
that he induced Davenport to make
the coins aud furnished him with
money to buy plaster-of-paris and
solder, and dollar piece as model.
He was to purchase counterfeit coins
from Davenport, and was told by
Special Agent Harris not to aid in any
way the manufacture of the bogus
money. When Fresh had finished
with his evidenc, Judge Bellinger said:
"If this is the kind of testimony
there is against Davenport, I shall not
let the case go to the jury. 1t shows
that he was solicited to make counter
feits by an agent Of the government.
Fresh suggested the work to Daven-
port. No body is going to be convicted
In court where is justice is ad-
ministered on such testimony"
While the people of the community
expected and hoped for the conviction
of this old offender, they are pleased
that one of our home attorneys has re-
ceived much praise on the successful
manner in which he conducted the de-
fense of his client, who otherwise must
have received long term in the peni-
tertiary. Judge Bellinger severly
criticized the methods of Detective
Harris and District Attorney Murphy,
but exonerated the parties in Lebanon
who made the arrest of Davenport, ss
they acted only as deputy marshals In
the line of their duty as such officers;
but he plainly stated that Harris and
Fresh had made themselves liable to
indictment with Davenport. While
We think that Davenport is a danger
Gus man to be at large and should
bave been convicted, we recognize his
right to make defense and we con-
gratulat Mr.. Garland upon his success.