The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-02-06
JURY OUT I8 HOURS
UNABLE TO GIVE BAIL DAVIS
Is IN JAIL.
Defendants Attorneys GIVE Notice
that Exceptions are Taken-Motion
for New Trial Will Be Made.

By jury of his peers, @. P. Davis,
ex-chief deputy in the sheriff's Office
has been found guilty of the crime of
larceny of the public funds, and he is
now behind the bars of the county
Jail, where he was placed just before
noon Saturday by Sheriff Till Taylor,
the prisoners former friend and en-
ployer, whose confidence the jury de-
clared to have been basely betrayed,
says the East Oregonian.
1t was dramatic climax to the
long and interesting case when, after
Davis failed to secure the $1,000 bail
named by Judge Ellis, he came down
the court house stairs accompanied by
the sheriff, and as prisoner OF the
county entered the Jail, which but a
few months ago had been under his
control.
1t was a hard finish and one which
men seldom care to witness. But it
can be truthfully said that among the
group of six or eight who stood in the
Office ard all of whom knew the case
from start to finish, there was prob
ably not one who felt any sympathy
for the convicted man.
Those in the group were not hard
hearted men, but because of things
which occurred during the trial they
had become so embittered against the
defendant that they could show no
sorrow over his conviction.
At the instance of the prisoner, one
of them, though as innocent as man
can be, had been branded by the de-
fense as being guilty of the crime
which Davis committed. Two other
men in the room had paid out 81 ZOO
because of the prisoners treachery,
and one was left penniless thereby.
Consequently it is not strange that
among the little group of deputies and
others present there was no friend of
9. P. Davis.
Following is the verdict of the jury :
In the circuit court in the state of
Oregon for Umatilla county; the state
of Oregon plaintiff, and 9. p. Davis,
defendant; verdict: We, the jury in
the above entitled action, find the de-
fendant guilty as charged in the in
formation herein, and we find that the
defendant converted to his own use
and failed to pay over the sum of
$4,000. e. e. LAHUE, Foreman.
The jury was out 18 hours, and be-
fore verdict was finally reached in
the case seven ballots were taken by
the jury. Upon the first one, seven
men voted for conviction, two were
blank, while the remaining three were
for acquittal. Upon the second ballot
the two blanks were given for con-
viction. On subsequent ballot one
of the acquittal men changed to guilty,
and upon the last vote the remaining
two came over to the side of the ma
jority.
Shortly after the verdict had been
received, Judge Fee arose and address
ing the court stated that he desired to
take exceptions to some of the instruc-
tions given by the court, and that a
motion for new trail would be fled.
This he said would be based upon mis-
conduct on the part of juror whom
he said it was reported had publicly
expressed his convictions in the case
both before and during the trial.
Judge Ellis then replied that the
defense would have three or four days
in which to file their motion.
Previous to this District Attorney
Phelps had announced that some of the
defendants bondsmen had asked to be
released and he asked that a new bond
be ordered. Judge Ellis then placed
the same at $7500 in place of the for
mer bond of $4,000.
The prisoner was then remanded to
the custody of the sheriff. However,
his attorneys asked tor the privilege
of consulting him in the attorney g
room and this was granted. At the
conclusion of the interview, which is
presumed to have been upon the sub
ject of procuring bail, Davis was taken
below.
Under the laws of Oregon the pen
atty for the crime of larceny of public
money is fixed at Imprisonment in the
penitentiary for from one to Is years,
and in addition fine of twice the
amount stolen may be imposed. How
ever, the fine may not be administered
aloua