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

might enter, still they took no pre-
cautions. The evidence shows that
attorneys took criminals in there to
talk to them and they did not even
lock the safe.
There Were tax receipts in the safe
that were being carried there waiting
for parties to come and pay them. I
will admit that at one time had one
there when the office was too rushed
to take the payment, but afterwards
came and paid it. Now they want
you to say that this man was violat-
ing the law because he did not turn
the money over to the treasurer when
the county treasurer would not accept
tax receipts for money.
ANY member of the office force
could go at any time and get one Of
the receipts which were written up
and go down and collect the money
and put it in his pocket and keep it
there. What books were ever kept to
show what became of the money, not
one on earth. Why should Mr..
Davis be charged when every man had
access to that safe. The admission of
every one of them IS that the safe
stood open and that they could take
from it any of the receipts and go
collect them. 1t has not been shown
that Davis ever went down town and
collected any money on these tax re-
ceipts.
81 think there was something wrong
with the office down there Who is
responsible? Not this defendant be-
cause he couldn't turn over money
when somebody had the receipts in
his pockets chasing around with them.
II say that Davis gave you the most
satisfactory answer on earth why he
didn't comply with the law and turn
the money over Saturday night.
IT want to ask how Davis could
have turned over the money that Joe
Blakley, who sits before me now for
the apparent purpose of intimidating
me, had out. Are you going to make
a scape goat of this man and charge
him with all the crimes committed
down there in that office, and hold
him responsible9
81 don't want you to let anything
l say about the evidence influence
your mind. You can remember the
evidence as good as l can, and it is
for you to judge from the evidence.
/ have enjoyed the condolences of the
juries of Umatilla county too long to
try to mislead you. But, gentlemen of
the jury, if I can aid or advise you
in arriving at conclusion from the
testimony that is before you, it is my
province and it is what 1 am here to
do.
Nov, gentlemen of the Jury. they
have brought some experts here and
they are entitled to some considera-
tion, at least they think they are.
These experts are as accurate as ex-
perts are ordinarily But l class ex-
perts with detectives. They pursue
the same methods, make out the same
policy and follow it.
"These experts fear that If they
should not succeed in convicting C. P.
Davis they would not get another job
so easily. This expert was here to say
how this trial should be managed. If
you were watching him you noticed
that he was sitting by McCourt and
Phelps ready to advise them. When
Mr.. Phelps was objecting to the Plat
zoeder books going in the expert whis-
pered in his ear and he at once with
drew his objection. He is here will
ling to swear that he is an expert
upon anything upon the face of the
earth. How he could possibly make
a mistake is utterly beyond his COM
prehension.
He makes a report of the books
and excludes all the abatements and
rebates. None of those shown on the
report. They come up here stating
that there is a shortage and leave you
completely in the dark. How do you
know there is shortage except from
one fellows word.
Gentlemen of the jury, the de-
fendant swears positively that he did
not make the entry in the journal of
$4,000 and he is the only man who
knows. The testimony of one who
knows the facts is worth more than
a dozen experts who are only guessing.
If you thing he told the truth you are
to believe him notwithstanding that
40 experts told different stories.
"Now DR.. Sommerville was here
and testified that it was Davis hand
writing. Now the doctor is good
man, but you know as much about
those figures as he does. Some of
those figures he said looked alike are
not any more alike in my mind than
a Mexican cart wheel is like a hat
rim.
"They have had a lot Of fellows
here from the banks But the rec
ords of this court show that the banks
have paid out hundreds of dollars by
being deceived in handwriting, A
dusky Indian maid out here on the