East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-02-15

''It is the sentence of the court that
you shall serve five years in the state
penitentiary and pay a fine of $S400."
At 10 o'clock this morning the
above penalty was imposed by Judge
Ellis upon C. p. Davis, recently con-
victed of having stolen $4,000 from
the county while serving as chief dep
uty under Sherifi 4. D. Taylor. With
in a few days the prisoner will COM
mence serving the sentence imposed,
for his attorneys say that while an
appeal may he taken no certificate of
probable cause will be sought, and
consequently Davis will go to the pen
itentiary at once.
When court was called this morning
dhe circuit court room was almost
filled with men who had gathered to
see the final act of the drama they
listened to so eagerly a few weeks
ago. Also the teachers who We're
using the court room during their ex-
animation were allowed to remain
and We're interested spectators during
the brief proceedings.
Davis was brought to the court
room by Deputy A. C. Funk, and after
a brief consultation with his attor-
neys in an adjoining room presented
himself for sentence. When asked II
he had anything to say before SEN
tence was imposed, he replied, moth
ing at ALL
Judge Ellis then addressed him,
saying he had been tried by a jury of
his peers and after a long and patient
hearing his guilt had been proven con-
clusively. In this he said the court
must ana did concur, for the evidence
had been conclusive. However, the
occasion he declared peculiarly sad
one in view of his five years close
acquaintance with the prisoner, and
he said he would be glad IL the duty
had fallen upon another. However,
this was not to be.
Continuing, Judge Ellis said ther.
were other things upon which COM
ment might be made, but that in view
of the circumstances he would refrain
from so doing.
you are a man of experience"
said he, land during a large part of
your life had had to do with those
who have violated the law, and you
know the effect of law violation and
how the law is applied"
Tn the position which Davis held he
declared he had a two-fold duty.
that to himself and to his employer.
Confidence, he declared one of the
greatest things of life, and severely
upbraided the prisoner for the man.
ner in which he had abused his trust
However, he declared the law was not
intended so much as a punishment
for violators, as for a warning to
others, and assuring the prisoner that
he had no feeling other than that of
on him.
During the lecture Davis stood i'm
passive and showed no parti5uia r
trace of feeling when the penalty was
named. He Immediately left the
room in the custody of Deputy Funk,
and returned to the Jail below.
Following the proceedings in the
court Colonel J. H. Raley stated that
no effort will be made to secure a
certificate of probable cause for his
client, and consequently he will COM
mence upon his term at once. How
ever, an appeal to the supreme court
may he taken, though there seems to
be more or less uncertainty regarding
this.
In view of the fact that Davis has
no money or property, the fine inn
posed will have little meaning. 1t will
not lengthen his prison term, but will
stand as a judgment against him for
10 years, when the same will become
outlawed. The family home in this
city is in the name of Mrs. Davis.