The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1895-07-05
DAVENPORT ACQUITTED.
But Was He Innocent After All.

The Telegram gives some very inter
esting facts in the case of Doc Davenport
of Lebanon precinct, recently on trial at
Portland for counterfeiting:
| "Doc" Davenport, druggist of Tan
gent, charged with counterfeiting, was
awarded his liberty in the United States
court Yesterday by order Of Judge Bel
linger, who instructed the jury to find a
verdict of acquittal. This is in line with
the policy pursued by Judge Bellinger iii
this same case at the time of the arraign-
ment of Davenport, who offered to plead
guilty, and the court, after hearing the
statement of the accused, permitted a
withdrawal of the plea of guilty. The
state -nent of Davenport was that he was
induced to procure plaster-of- paris
moulds and make counterfeit dollars at
the request of Charles Fresch, who was
employed by Secret Service Agent Mich
olas r. Harris thus to entrap Davenport.
The defendant said he had no criminal
intent when he made the spurious coins
for Fresch, and was only showing him
how such workers operated, and made
but two or three pieces, Fresch express
ing a curiosity to see the mode employ
ed, He made no others except those at
the request OF Fresch, and was not en-
gagged in connterfeiting prior to the visit
of Fresch.
Judge Bellinger held that officers of
the government ought not to go about
the country instigating crime. At the
trial yesterday Fresch testified that he
induced Davenport to make the coins
and furnished him with money to buy
plaster of paris and solder, and a dollar
piece as q model. He was to purchase
coins from Davenport, and
was told by Special Agent Harris not to
aid in any way in the manufacture of
the bogus money. When Fresch had
finished with his evidence, Judge Bellin-
ger said:
''If this is the kind of testimony there
is against Davenport, shall not let the
case go to the jury. 1t shows that he
was solicited to make counterfeits by an
agent of the government. Fresch sug-
gested the work to Davenport. Nobody
is going to be convicted in court where
Justice is administered on such testi-
mony."
Deputy United States Marshal Humph-
rey testified that Davenport told him at
the time he arrested him that he was
caught again at his old work, and would
plead guilty.
Luke and Frank Jennings, arrested as
partners of Davenport, were present,
prepared to tell how Davenport showed
them how to gid S. gold pieces made of
tin. The court refused to admit this
as it does not describe any,
thing mentioned in the Indictment.
After the dismissal of the case. District
Attorney Murphy stated that he had
another charge against Davenport for
making counrerfeits in a hut in the
near his home; but, from re-
marks of Judge Bellinger, this case viii
not be entertained. II any attempt is
made to bring it, the court will order the
release of Davenport on his own recog-
nizance.
Special Agent Harris is not pleased at
the dismissal OF the case. He claims
that he has proof that Davenport had
den in the mountains and made conn
terfeit So pieces, and that he (Harris)
has in his possession 500 of these coun-
terfeit $ pieces made by Davenport and
his gang.
Harris SAYS Wolfert Rend passed these |
5 pieces for Davenport, AMI was arrest !
ID at Oregon City for so doing, and was /
released on straw bond of 5000, and he |
eft. Harris states that he traced Read |
10 Joplin, No., and caused his arrest, |
.rd that he is now in Jail in Kansas City, |
md that the authorities there refused an /
order for his removal here, as they nave |
/ case against him in Missouri for pass
ng counterfeit money which they elect |
irst to dispose of. Harris further states |
hat he sent Fresch to Davenport to pur- /
,hase counterfeit coins, and that the
.ang somehow became suspicious and
operations. Harris then went
o San Francisco. There he received
yord from Fresch that he had succeeded
n getting Davenport to manufacture
for him at his house; so he
It once telegraphed United States Mar
hal Grady to arrest Davenport. Tne
:ases against the Jennings brothers, the
;pecial agent said he was willing should
oe dismissed.
Davenport las been known at Albany
md the surrounding country for years,
nd served term some years ago in the
oregon penitrntiary for eounterfeiting.