The San Francisco call., 1909-12-14
DE LANCfY GIVEN
SIX YEAR TERM
Long Sentence Imposed Upon
Lawyer for Embezzlement
From Estate
Notice Of Appeal Given After
Judge Denies Defendants
Motion for New Trial

OAKLAND, Dec. 13.-Six years i'm
prisonment in the state penitentiary at
San Quentin was the sentence imposed
today by Judge Brown on John S. de
Lancey for embezzling $4,000 from the
George Hite Cook estate while acting
as legal representative of former Pub
lie administrators George d. Gray. The
maximum penalty was 10 years.
The convicted attorney paied when
he heard the sentence. His sister and
his sister in law, Mrs. D. j. Hall,
sobbed. But De Lanceys aged mother
and wife remained away from the
courtroom today. His mother became
hysterical on the occasion OF his
conviction.
A four days stay of execution was
obtained by De Lancey's attorney, A L.
Frlck, during which time he will re-
main in the county jail. After that,
unless further stay should be granted,
he will be taken to the penitentiary.
Frick gave notice today that he
would appeal the case. Half an hour
was spent by De Lancey's lawyer this
afternoon in an eloquent appeal for
mercy at the hands of Judge Brown
He argued that De Lancey had already
been severely punished by the wrecking
of his career; that he had never in
had meant all along to restore it; that
he had finally returned what he had
taken and that he had borne a good
reputation before his indictment for
embezzlement.
KNEW MAN FROM BoYHOoD
In passing sentence Judge Brown said
that he was of the opinion that De
Lancey had intended to return what he
had embezzled, as was usually the case
with embezzlers. He spoke of the diff
ficulty he had in sentencing man
whom he had known from boyhood.
Several hours before passing sem
tence Judge Brown announced that he
considered that De Lancey's motion for
a new trial, based on the contention
that the indictment against the con-
victed lawyer was faulty, had no merit
and he denied the motion. Frick had
asked for and obtained a promise that
sentence should not be pronounced until
a few hours after this ruling came
down if it was adverse, in order that
he and De Lancey might have time to
confer as to the advisability of an
appeal.
The courtroom was crowded with
spectators this afternoon when the time
for passing sentence came. Among
those present were many of De Lam
sceys professional and political asso-
ciates.
De Lancey was found guilty of en-
bezzling $4,000 by putting into >his
own bank account a certificate of de-
posit for that amount that came to him
from the Cook estate. To conceal the
crime he made erasures and false en-
tries in his account books and official
reports.
RESULT OF INVESTIGATION.
The discovery of this embezzlement
came as the result of an investigation
made by District Attorney Donahue
after he had found that there We're ir-
Irregularities in the affairs of Public
Administrator Gray A number of
other defalcations were unearthed dur
ing the course of this inquiry. The
first thing that directed the attention
of Donahue to Gray's Office was the
finding that a forged receipt for s103
had been made in the estate of A. l..
Poundstone, civil war veteran, whose
estate was charged that amount for
funeral services, when he had been
buried at the county expense. A. j.
Flood, who was clerk for Public Ad-
ministrator Gray, confessed to this
forgery. He was indicted and comes up
for trial before Judge Brown December
21. Seven other indictments were,
brought against De Lancey.