The San Francisco call., 1909-12-04
De lANCfY FOUND
GUILTY OF FELONY
Attorney Convicted by Oakland
Jury of Robbing Estate in
Charge of County

}. de Lancey was found guilty of en-
bezzling $4,000 from the estate of the
late George Hite Cook on the first bal
lot today by a jury in Judge Browns S
court. Thus was brought to an end a
trial that began as the result of the
unearthing of wholesale defalcations
in the office of Public Administrator
George ID. Gray, whose attorney De
Lahcey was The trial had to overcome
every obstacle that strong political
inhuehce and money could raise. 1t
ciosed with scene as dramatic as any
tnat has taken place in an Alameda
county courtroom for many years.
DE l.ancey's aged mother swooned
Wnen FOREMAN Arnold of the jury an
nounced the verdict Regaining her
senses she shrieked, "Circumstantial
evidence, clrcumstantial evidence, and
was carried away hysterical into Judge
Browns private chambers.
The convicted attorneys father,
brother and sister wept when they
heard the verdict and broke down COM
pletely as the convicted man was led
away to jail by a deputy sheriff. De
Lanceys knees trembled beneath him
as he walked away His derby hat
nad been crushed in his hands during
the Few minutes of suspense from the
time the jury entered the courtroom
until 1t declared him felon.
The jury was out just half an hour.
1t took the case at 1918 o'clock this
morning after listening to Judge
any real debate among the jurymen as
to the guilt of the accused. although
one juror was at first reluctant to
vote for conviction
SETS DAY FOR SENTENCE
Judge Brown set Tuesday, December
Z at 10 o'clock in the morning as the
time for passing sentence on the con-
victed attorney. De Lanceys attor-
neys, NJ c. Chapman and A. l.. Frick.
intend to appeal from the verdict of
the jury. Regarding this District At
torney Donahue asserts that the great
est care has been taken to keep the
record in the case clear of error and
that there is no chance for reversal
on appeal. He said after the verdict:
We prepared and tried this case
with extreme care and therefore do
not think that there is a possibility of
Its reversal if carried up on appeal,
Which undoubtedly will be done. And
TINS Office feels at the present time
that it will not be necessary to put
the county to the expense of trying
the other cases pending against De
Lancey. The penalty attaching to the
crime OF which he has been convicted
is from one to 10 years and in view
of this my present inclination is to
dismiss the cases.
De Laneey was indicted by the grand
jury on eight counts connected with
frauds and embezzlement of money dis
covered in the Office of former Public
Administrator Gray. He had been
Gray's attorney for number of years
and enjoyed his complete confidence,
having complete control of the funds
of estates that came into the hands
of the public administrator. He was
prominent socially and fraternally. His
father has been a well known mer-
chant in Oakland for years.
The disclosures that led TO his i'm
dictment came as the result OF the
discovery that the estate of A. L.
Poundstone. a civil war veteran. had
been looted of s10S. A bill for this
amount had been put in against the
Poundstone estate for burial expenses, |
whereas in fact Poundstone was buried
in the potters field at the county's ex-
penSe.
EFFORTS TO CHECK EXPOSE
This embezzlement was traced first
to A., j. Flood, clerk in Gray's office, /
who is also under Indictment. But it I
led to searching investigation into |
the affairs of the office by District /
of pressure was brought to bear as
these disclosures came closer and
closer home to De Lancey and showed |
that he, too, was an embezZler, but |
Donahue turned his evidence over to
the grand jury and the indictments fol- |
lowed. Flood confessed, duplicating |
De Lancey. Gray was forced to re-
sign and his place was taken by for
mer Coroner II. B. Mehrmann. who ap
pointed Attorney Abe p. Leach TO sue
ceed De Lancey.
The discoveries made by Donahue I
showed that De Lancey had embezzled I
large sums of money. Several months I
before the investigation was started I
several of his friends were compelled to I
put up $4,000 to save him when the 1
county treasurer demanded a deposit I
of money belonging to estates in Gray's 7
office. After he was indicted he turned /
into the county treasury $4,000, hop
ing thus to escape conviction.
TRIED FOR STEALING $4,000
The particular crime of which he was
accused. and of which he was today
was embezzling $4,000 from
the estate OF the late George Hite
Cook. He received 4 certificate of de-
Dosit for this amount, which he in
iorsed and put into his personal bank I
account. False entries and erasures
we're made in his books and reports to
,over up his crime.
The trial of the case occupied several Il
weeks, and was bitterly contested. Dis
-rict Attorney Donahue himself took
sharge of the prosecution. and had to
assist him Assistant District Attorney II
w IL. l.. Hynes and Chief Deputy Dis
rict Attorney Philip NJ Carey.
W. III. Mackinnon, De Lancey's father
u law, is to be hailed again before the
grand jury for his connection with De
lancey in regard to the estates of de-
leased persons over which the convict
"a attorney had control. District At
orney Donahue had a subpoena issued
oday for Mackinnonts annea rca ha-