The San Francisco call., 1909-10-14
De tANCFY REPAYS
SHORTAGE TO GRAY
Former Attorney for Public Ad=
ministrator Hands Over
$35,I9z
District Attorney Declares That
Prosecution Will Proceed
With VigOr

OAKLAND, oct. 1s.-By paying
sa2.OIS today. including the assignment
OF $4,000 OF attorneys fees in addition
10 S1s.I7S previously returned. Attor-
ney John S. de Lancey brought the
total OF the money he has refunded
since the return of the first indict;-
ment against him nearly two months
ago 70 Sss,192 De Lancey asserts that
he has cleared of every dollar due on
his accounts with former Public Ad-
ministrator George Gray and that he
will go 20 trial Monday on a charge Of
enbezzling $4,000 from the estate Of
George ~Hite Cook with this record as
his principal line Of defense.
That de Lancey has more than made
good the entire amount was the opinion
OF Grey, derived from the report OF
an expert WHO has been at work upon
the accounts. The $4,000 in fees prob
ably Will be returned, but in his anxiety
70 absolve himself from any outstand-
sng claim De Lancey turned this amount
IN as a contingent fund.
MONEY FOR DISTRIBUTION
The refund includes $4,000 alleged
10 have been taken from the Cook es-
tate, besides. 81, 900 said TO have been
embezzIed from the estate Of c. Ar
maud. and includes ss.Oo7 credited TO
the Montgomery estate, which De Ian
oey had waiting for distribution TO
heirs, s2242 20 the Lopez estate, Sl,205
10 the Wentworth estate and 500 TO
the Theile estate.
De Lancey's action today forestalls
plans TO reopen the case before the
grand Jury and swamp him with indict-
ments based upon every alleged fraud
uleut. act which could be traced against
his record IN the last three years.
Witnesses who had figured in the ex-
aminstions before had been subpenaed
TO appear tomorrow, but the subpenaes
were dismissed this afternoon by Dis
trict Attorney Donahue when the turn
OF affairs was fully understood.
RESTITUTION BENEFITS GRAY
BY the restitution the former ad-
administrator viii be saved the drain on
his resources which would in all prob
ability have ruined him in his old age
The payment was made IN Gray's Of
fee early this morning and the money
replaced IN bank awaiting final de-
ing OF all records before being de-
posted with the county treasurer.
GRAY REPORTS TO DoNAHUE
Accompanied by Attorney J. W. Bing-
Eman, whom Gray selected after the
enforced resignation Of De Lancey,
Gray reported at length to Donahue
this afternoon. Donahue said:
The trial OF De Lancey will pro-
ceed on Monday exactly as we had
arranged before this event. The re-
turn OF this money is fine thing, re-
lieving Gray of his heavy obligation,
but ii will not relieve De Lancey and
we will prosecute as vigorously as at
any time we had planned
sTRIAL SET FOR MONDAY
Attorneys NJ. c. Chapman and A. L
Frick appeared before Judge Brown
today and secured a continuance un-
Monday giving positive assurance that
no further delay would be asked. The
trial had been set for today.
Among the witnesses who had been
summoned to appear tomorrow were
George Gray, J. W. Bingaman, z. P.
Planer, chief deputy county treasurer;
A J. Flood, former clerk TO Gray, also
under indictment; Marion Stevenson.
stenographer in Gray's Office. and Rollo
J. HouRh, assistant cashier at the Oak
land Bank Of Savings. and James w
and Frank Clarke. attorneys at San
Francisco, who were interested in one
OF the estates settled today.