Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-15
PRISONER SHAMS INSANITY
Judgment Arrested on Counts Charg.
ing False Pretenses.
mo OFFENSE KNOWN TO LAW
Appeal Noted and Bail Fixed at
$50, O,OOO-Prisoner Is Re-
manded to Jail.

Shaking, as II palsied, and swaying
from side to side as he was held to
his feet by deputy marshal on either
side. and with eyes set and staring. as
though oblivious Of his surroundings,
John c. Davis, the Washington at
torney convicted of embezzling funds
intrusted to him by investors, heard
Justice Stafford, in Criminal Court No.
2. today impose on him sentences ag-
gregating sixteen years Imprisonment
in the penitentiary at Leavenworth,
Kan.
The prisoner made no outbreak, as
when the verdict of the jury was re-
turned. At that time he thanked the
men that had convicted him. and prom
sed to see them rewarded. Then joining
his hands in an attitude of prayer, he ex-
claimed: Jesus, 1 have done it!'
Today he refrained from any vocal
expression. Otherwise he kept up the
actions which the experts at the trial
had characterized as Stimulating insanity.
Court Imposes Sentence.
Before imposing sentence Justice Stat
ford inquired the age of the prisoner. On
being told he Is fifty-two years old the
court proceeded to name the sentence on
the embezzlement features of the Nc
Keown charges as eight years in the peni-
tentlary and on nine counts of the Will
kens indictment an additional eight years
The court granted the motion of Tor
ney Henry e. Davis for the prisoner for
an arrest of judgment in so far as 1t re-
lated to the false pretense features. of the
charges in thte Mckeown affair.
While Davis was only tried on the
charge of obtaining $1,000 from Miss Nc
Keown of Cincinnati and $4,000 from
DR.. H. E. Wilkins Of Alexandria,, other
indictments growing out of his nigh
finance" methods are pending and many
complaints were made to the District
attorney which were not thought neces-
sary to present to the grand jury. The
total alleged to have been appropriated
by Davis is estimated at $250.OO0.
An appeal was noted by Davis and
been in custody since his arrest. more
than a year ago, Davis was returned
to the jail. .-..--
Court Arrests judgment.
In disposing Of the motion to arrest
Judgment. Justice Stafford said:
"The defendant has been convicted
upon an indictment in eight counts,
part Of which counts charge en-
bezzlement, and other counts relating
to the same transactions charge what
has been referred to in the argument
as the crime Of procuring money or
checks by false pretenses. It'is said
that in order to make out the crime
Of obtaining money by false pretenses
1t Is necessary to show that the title
Of the true owner was divested and
was vested in the defendant. and that
consequently the defendant could not
after that be guilty of embezzlement
Of the same money because in the crime
Of embezzlement the money remains
the money of the true owner until 1t Is
converted by the embezzler.
''The jury having found the defendant
guilty under both classes Of counts. 1t Is
said the verdict Is too inconsistent to be
allowed to stand. 1t Is said. as to the
same money. the jury has found. first
that II had become the money of the de-
fendant by reason Of his false pretenses,
and. second, that after that event 1t was
still the money Of the original owner and
as such converted by Davis to his own
use, or, in other words, 'embeZzled.
False Pretenses Counts.
"If this be q true statement of the sit
uation 1t is difficult to see why the judg-
ment should not be arrested. Judgment
could hardly be rendered upon the false
pretenses counts, for the reason that the
verdict under the embezzlement counts
negatives one essential fact In the crime
of procuring money by false pretenses.
NJ ho 10