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Order detailing O'Malley's probation for Criminal Case No. 14459: United States vs. Robert Emmet O'Malley, Defendant. In this document, Judge Merrill E. Otis outlines the details of O'Malley's probation followed by a memorandum that clarifies custody and parole conditions of the defendant.

Date: 
February 16th 1940

Indictment for Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. In this indictment, the defendant is charged with income tax fraud for the calendar years 1935 and 1936. Pendergast reported $117,378.41 in gross income in 1936 while the true figure was $441,115.33. His reported gross income figured to only $25,481.11 in income tax due; his actual earnings required him to pay $255,608.95.

Date: 
May 2nd 1939

Capias for Thomas J. Pendergast in Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. This capias commands H. L. Dillingham, U.S. Marshal, to arrest Thomas J. Pendergast for income tax fraud. His bond for appearance is $10,000.

Date: 
May 9th 1939

Recognizance for appearance in court for Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. In this document, Thomas J. Pendergast asserts that he will appear before court on May 7, 1936 to answer for charges of income tax fraud.

Date: 
May 2nd 1939

Judgment and commitment for Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. After his plea of guilty, Pendergast is sentenced to a total of one year and three months in a federal penitentiary, followed by five years of probation. Pendergast is also fined $10,000.00. The document then lists the details of the defendant's probation.

Date: 
May 22nd 1939

Memorandum for Criminal Cases No. 14567: United States vs. Thomas J. Pendergast, Defendant, and No. 14,459: United States vs. Robert Emmet O'Malley, Defendant. In this memorandum, Judge Merrill E. Otis provides insightful, detailed documentation for both cases "for the express purpose of submitting it for publication in the Federal Supplement" as these cases attracted an overwhelming amount of publicity and attracted outrage from machine supporters and from proponents who thought the sentence too lenient.

Date: 
August 19th 1939

Order and memorandum touching conditions of probation for Pendergast in Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. After restating the defendant's sentence, the document provides twelve detailed conditions for Pendergast's probation, one of which effectively bars him from all political activity.

Date: 
May 24th 1940

Order detailing Pendergast's probation for Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. In this document, Judge Merrill E. Otis clarifies custody and parole conditions of the defendant.

Date: 
May 24th 1940

Motion of defendant, Thomas J. Pendergast, for enlargement of period fixed by conditions of probation within which to pay remaining unpaid interest on tax liabilities in Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. In this document, Pendergast requests that an additional ninety days be given to pay the U.S. $10,457.12, the remaining interest on his tax liabilities.

Date: 
August 26th 1941

Order enlarging period fixed by conditions of probation within which to pay remaining unpaid interest on tax liabilities in Criminal Case No. 14567: United States vs. Thomas J. Pendergast, Defendant. In this document, Judge Merrill E. Otis allows Pendergast an additional ninety days be given to pay the U.S. $10,457.12, the remaining interest on his tax liabilities.

Date: 
August 26th 1941

Indictment for Criminal Case No. 14742: United States vs. John J. Pryor, Defendant. In this indictment, the defendant is charged with income tax fraud for the calendar years 1934 through 1937. Pryor, co-owner of Boyle-Pryor Construction Company, reported $12,000 in gross income in 1934 while the true figure was $206,487.05. His reported gross income figured to only $403 in income tax due; his actual earnings required him to pay $81,751.08.

Date: 
December 1st 1939

Verdict and Commitment for Criminal Case No. 14742: United States vs. John J. Pryor, Defendant. Upon plea of guilty for three counts of income tax fraud, Pryor is sentenced to federal penitentiary for a total of two years with five years probation following. Pryor is also fined a total of $20,000.

Date: 
1940

Indictment for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. In this indictment, the defendants are charged with the illegal appropriation of $8,000,000.00 collected from the American Insurance Company and other insurance companies. The time line of this conspiracy is then detailed in "Overt Acts".

Date: 
July 13th 1940

Two Recognizances for appearance in court for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. In these documents, Thomas J. Pendergast and Robert Emmet O'Malley assert that he will appear before court to answer for charges of "corruptly obstructing the due administration of justice in the case of the American Insurance Company vs. the Superintendent of Insurance of the State of Missouri."

Date: 
July 16th 1940

Capias for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. This capias commands H. L. Dillingham, U.S. Marshal, to arrest the three defendants. Dillingham certifies on the back of the document that he procured Pendergast and O'Malley, but was unable to find McCormack.

Date: 
July 16th 1940

Complaint for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. In this document, Harry C. Blanton, United States Attorney, deposes that McCormack is a fugitive from justice in St. Louis, Missouri. Blanton, "prays that removal proceedings be instituted against said defendant to compel his appearance" in court.

Date: 
July 17th 1940

Affidavit of bias and prejudice for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. In this affidavit, Pendergast claims that Judge Merrill E. Otis has a personal bias and prejudice against the defendant. Since Otis is also a judge in the cases Pendergast has illegal involvement in, Pendergast claims a personal bias.

Date: 
August 21st 1940

Certificate of the Clerk for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. A. L. Arnold certifies that because of personal bias and prejudice towards defendant T. J. Pendergast, Judge Merrill E. Otis is removed from the case and replaced with Judge Archibald K. Gardner.

Date: 
August 22nd 1940

Memorandum and order on the filing of affidavits of bias and prejudice for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. In this document, Judge Merrill E. Otis provides his response to Pendergast's affidavit that Otis has prejudice against the defendant. Otis denies any such prejudice or bias, but acknowledges a loophole that the attorneys of Pendergast used to file the affidavit on the defendant's behalf. As such, Otis is forced to order his replacement Judge Archibald K. Gardner to the case.

Date: 
August 22nd 1940

Separate plea in abatement of defendant, R. E. O'Malley for Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. In this document, attorneys for O'Malley ask the court to remove said defendant from the indictment based upon the evidence provided within.

Date: 
September 9th 1940

Pages

KANSAS CITY PUBLIC LIBRARY | DIGITAL HISTORY
Civil War on the Western Border: The Missouri-Kansas Conflict,1855-1865.
The Pendergast Years, Kansas City in the Jazz Age & Great Depression.
KC History, Missouri Valley Special Collections at the Kansas City Public Library.