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CHICAGO ILL TRIBUNE
WEDNESDAY, JANUARY 28, 1931.
How Sun 2/15/31
U. S. INDICTS MALLOY
*LE WHO THINK
ON CHARGE OF THEFT
PROBATIONE FOR
FROM LOOTED BANK
John E. Malloy, former assistant
OLIVER HINTED
cashier of the Lawrence Avenue Na.-
tional bank,
3222 Law-
rence avenue,
was charged
After a lengthy and hotly con-
with embez-
tested debate between attorneys,
Izlement in an
Federal Judge Charles E. Wood-
indictment re-
turned by the
ward yesterday indicated that he
k.
federal grand
would grant probation to County
jury yaster
Assessor Gene Oliver, now under
day before
a sentence of eighteen months in
Judge George
A. Carpenter.
the penitentiary and a $12,500 fine.
The true
The probation, however, would be
bill alleges
dependent on Oliver's resigning his
that Malloy
office, and holding no public office
co n'spired
for five years. Judge Woodward
with " persons
reserved his final decision until
unknown to
Friday.
em b e zzle
$2,600 of the
$56,000 INVOLVED.
bank's funds.
Oliver was convicted on charges
This was the
of evading payment of income taxes
cash lost in
amounting to $56,000 for the years
the purported
of 1926, 1927 and 1928.
hold u p on
State Senator James J. Barbour,
New Year's
representing Oliver, denounced the
Bull,
day whic h
motives of the prosecution, and de-
brought about
clared that his client was being
"crucified on a cross of political
the closing of
JOHN E. MALLOY.
the bank by
ambitions."
"There is no public demand that
[TRIBUNE Photo.]
the federal ex-
aminers.
The
this man be sent to the peniten-
Previous estimates of the loss had
tiary and his life ruined," he de-
reached $1,200, in addition to the $70,-
evidence
clared.
000 in valuables taken from safety de-
they
CLASHES WITH JUDGE.
posit boxes. Assistant United States
Continuel
First Assistant United States Dis-
Attorney Owen A. West said that false
trict Attorney Cassius Poust took
entries had been made by Malloy be-
the floor for the government, and
fore the alleged holdup but that miss-
before he had concluded engaged
ing ledger sheets made it impossible
in a hot verbal duel with Judge
to estimate the amount embezzled in
this manner.
Woodward. He said:
"Oliver, a public servant, de-
joined from
liberately defrauded the govern-
tives shadow don
ment-cheating with public funds
he
has
when school teachers, police and
for three years
firemen were going without their
tim of nervous 36
pay."
sued
for
At this point Judge Woodward
the consequence
broke in:
The hearing
"Would you consider probation
in Chancery Jame P Entize
for Mr. Oliver if he resigned his
next Wednesday,
office and held no other public
private
office for five years?"
in the
"No," replied Mr. Poust flatly.
EXPLAIN
"That would be no deterrent to
Bull
other public officials doing the same
thing. The only thing the prose-
cution will accept is the peniten-
tiary sentence!"
"Remember," said the judge, "you
are not dealing with an ordinary
hoodlum. The loss of public office
will be a terrible disgrace and blow
to the defendant."
"FIXED" CASE HINTED.
an sched-
"The public thinks that any pub-
O-X arrived
lic official can do anything, com-
a. m. At 6
mit any crime and then 'fix' the
id
case," retorted Mr. Poust hotly.
a
-
n "Do you suppose they will think
tskg a
that this case has been 'fixed'?
miler to Cal-
asked Judge Woodward.
"Absolutely!" was the reply.
-
"Well," said Judge Woodward,
"supposing it were. What then?"
The judge then cut off the argu-
epeed
ment and announced he would give
his final decision Friday.
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"ocrText": "CHICAGO ILL TRIBUNE\nWEDNESDAY, JANUARY 28, 1931.\nHow Sun 2/15/31\nU. S. INDICTS MALLOY\n*LE WHO THINK\nON CHARGE OF THEFT\nPROBATIONE FOR\nFROM LOOTED BANK\nJohn E. Malloy, former assistant\nOLIVER HINTED\ncashier of the Lawrence Avenue Na.-\ntional bank,\n3222 Law-\nrence avenue,\nwas charged\nAfter a lengthy and hotly con-\nwith embez-\ntested debate between attorneys,\nIzlement in an\nFederal Judge Charles E. Wood-\nindictment re-\nturned by the\nward yesterday indicated that he\nk.\nfederal grand\nwould grant probation to County\njury yaster\nAssessor Gene Oliver, now under\nday before\na sentence of eighteen months in\nJudge George\nA. Carpenter.\nthe penitentiary and a $12,500 fine.\nThe true\nThe probation, however, would be\nbill alleges\ndependent on Oliver's resigning his\nthat Malloy\noffice, and holding no public office\nco n'spired\nfor five years. Judge Woodward\nwith \" persons\nreserved his final decision until\nunknown to\nFriday.\nem b e zzle\n$2,600 of the\n$56,000 INVOLVED.\nbank's funds.\nOliver was convicted on charges\nThis was the\nof evading payment of income taxes\ncash lost in\namounting to $56,000 for the years\nthe purported\nof 1926, 1927 and 1928.\nhold u p on\nState Senator James J. Barbour,\nNew Year's\nrepresenting Oliver, denounced the\nBull,\nday whic h\nmotives of the prosecution, and de-\nbrought about\nclared that his client was being\n\"crucified on a cross of political\nthe closing of\nJOHN E. MALLOY.\nthe bank by\nambitions.\"\n\"There is no public demand that\n[TRIBUNE Photo.]\nthe federal ex-\naminers.\nThe\nthis man be sent to the peniten-\nPrevious estimates of the loss had\ntiary and his life ruined,\" he de-\nreached $1,200, in addition to the $70,-\nevidence\nclared.\n000 in valuables taken from safety de-\nthey\nCLASHES WITH JUDGE.\nposit boxes. Assistant United States\nContinuel\nFirst Assistant United States Dis-\nAttorney Owen A. West said that false\ntrict Attorney Cassius Poust took\nentries had been made by Malloy be-\nthe floor for the government, and\nfore the alleged holdup but that miss-\nbefore he had concluded engaged\ning ledger sheets made it impossible\nin a hot verbal duel with Judge\nto estimate the amount embezzled in\nthis manner.\nWoodward. He said:\n\"Oliver, a public servant, de-\njoined from\nliberately defrauded the govern-\ntives shadow don\nment-cheating with public funds\nhe\nhas\nwhen school teachers, police and\nfor three years\nfiremen were going without their\ntim of nervous 36\npay.\"\nsued\nfor\nAt this point Judge Woodward\nthe consequence\nbroke in:\nThe hearing\n\"Would you consider probation\nin Chancery Jame P Entize\nfor Mr. Oliver if he resigned his\nnext Wednesday,\noffice and held no other public\nprivate\noffice for five years?\"\nin the\n\"No,\" replied Mr. Poust flatly.\nEXPLAIN\n\"That would be no deterrent to\nBull\nother public officials doing the same\nthing. The only thing the prose-\ncution will accept is the peniten-\ntiary sentence!\"\n\"Remember,\" said the judge, \"you\nare not dealing with an ordinary\nhoodlum. The loss of public office\nwill be a terrible disgrace and blow\nto the defendant.\"\n\"FIXED\" CASE HINTED.\nan sched-\n\"The public thinks that any pub-\nO-X arrived\nlic official can do anything, com-\na. m. At 6\nmit any crime and then 'fix' the\nid\ncase,\" retorted Mr. Poust hotly.\na\n-\nn \"Do you suppose they will think\ntskg a\nthat this case has been 'fixed'?\nmiler to Cal-\nasked Judge Woodward.\n\"Absolutely!\" was the reply.\n-\n\"Well,\" said Judge Woodward,\n\"supposing it were. What then?\"\nThe judge then cut off the argu-\nepeed\nment and announced he would give\nhis final decision Friday."
}