East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-02-02
who is a thief and who robbed his

who is a thief and who robbed his
/ former employer.
John McCourt wants me to apollo
gize to this man. I say, no. say.
Mr.. McCourt that Funk has left a
| record behind him and it is for him
| to come and apologize to this jury and
/ God in heaven before whom he swore,
| for the testimony he has given here.
/ Why did he testify that he had $1,000
! piled up there in 6 stacks of gold?
| That is the story he told when he
went upon the stand.
Gentlemen of the jury, that man
then and there told that Platzoeder
attempted to short-change him-to
take from the till and safe $40.
Funk thought that because Platzoe-
der was a Dutchman that he didn't
know anything. l say to you that
Germans are intelligent people and
understand figures. That Mr.. Platz-
oeder does, I have no doubt
"There is not a man on this jury,
but who if he had had such a trans
action would have remembered to his
dying day the amount of money he
had there. This man knew that he
was being discharged for larceny of
money. How can Mr.. McCourt say
that he was diffident upon the wit
ness stand and answered questions in
a illustrated manner? Did you notice
any apparent illustration on the part
of Mr.. Davis? Not a single time.
What did Funk do, gentlemen of the
jury? He sat there and couldn't open
his mouth. He couldn't explain how
| it was that this transaction occurred
with Mr.. Platzoeder. The records
can be brought into this court and it
can be shown that he did not tell the
truth.
you can examine that book and
find in it balances that belong to Plat
zoeder & Minger and they haven't
had any experts to examine it. Where
is that $25O0 that belongs to Platzoe-
der 6; Minger?
What is the character of this man
Funk? Was there ever a shortage
charged to the sheriff's office before
he came in here? Was there ever a
change in the books until Funk enter
ed the office? I say no. But two or
three months after he entered the Of
flee there was an alteration upon the
books, and where was this defendant
at that time? Gentlemen of the jury,
he was in Walla Walla with a sick
wife who was about to die. He re-
mained there till about the time he
finally returned to Pendleton. He did
return at one time and work upon
the books, made such entries as he
was called upon to make. Gentlemen
of the jury, you know how you would
act in a case of that kind. If your
wife was under the knife you would
not be in the mind to give your trans
actions the thought that you other
wise would. His mind was distressed
and disqualified for the ordinary
transactions of life.
Taking that book where the entry
was made you will see that his pencil
marks are jotted down there for $780,
900. He probably had both of the
books together and was carrying for
ward the balance from the journal
and was writing across the page. He
footed up the page and left it and
the erasure was made sometime after
by some one.
You have had a number of eX-
perts come and testify 10 who made
the alterations, but you, gentlemen of
the jury, in your daily affairs with
men, are qualified to say who made
those figures. You need no man to
point out the difference between the
handwriting of c. p. Davis and the
men who made the entry as ii exists
here now They had young Hartman
up here from the First National bank,
and young Ritner, but you know
whose handwriting that is from your
own knowledge.
"If C. p. Davis had ever wanted to
change that book he would never
have figured upon that page like that.
why on earth gentlemen of the jury,
would he make figures like that? DID
he want to be detected? That is the
most conclusive evidence upon earth
that some one else wanted to fasteu
the guilt upon c. p. Davis. How else
would they go about to do it? That
some one else would wish to fasten
the crime on another is as old as the
world.
after one has committed II crime
does he usually remain around the
place so that he can be caught. 1 say
no, they do something to indicate the
guilty man. They would have You
believe that Davis is such a hardened
criminal that he would go in the day
light and commit these crimes. l say
II he wanted to he could have gone
down there and taken that sack that
was there in the safe.
"The members of the office down
there know that safe constantly stood
open. There was side door and tive
windows to that room, where any one