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Indictment for Criminal Case No. 14459: United States vs. Robert Emmet O'Malley, Defendant. In this indictment, the defendant is charged with income tax fraud for the calendar years 1935 and 1936. In the first of two counts in this indictment, O'Malley is charged with failing to report $22,500.00 in income "recieved in connection with the compromise and settlement of the Missouri Fire Insurance Rate litigation." As a result, O'Malley failed to pay $2,004.00 in income tax due for the 1935 calendar year.

Date: 
April 7th 1939

Motion for bill of particulars for Criminal Case No. 14459: United States vs. Robert Emmet O'Malley, Defendant. In this document, attorneys for O'Malley pray the court to furnish details as to "when, where, from whom, in what form and for what consideration defendant is alleged to have received" income from the Missouri Fire Insurance Rate Litigation. They request this information so that they may more adequately prepare a defense for the defendant.

Date: 
May 9th 1939

Judgement and commitment for Criminal Case No. 14459: United States vs. Robert Emmet O'Malley, Defendant. After his plea of guilty, O'Malley is sentenced to a total of one year and one day in a federal penitentiary, followed by three years of probation. O'Malley is also fined $5000.00. The document then lists the details of the defendant's probation.

Date: 
May 27th 1939

Receipt of fine payment for Criminal Case No. 14459: United States vs. Robert Emmet O'Malley, Defendant. In this document, Clerk A. L. Arnold certifies that the District Court of the United States for the Western District of Missouri has received O'Malley's fine of $5000.00.

Date: 
May 29th 1939

Considerations for the decision of sentence for Criminal Case No. 14459: United States vs. Robert Emmet O'Malley, Defendant. In this document, Judge Merrill E. Otis reviews the sentence that he imposed upon T. J. Pendergast in Criminal Case No. 14458, so that Otis may more accurately sentence Robert Emmet O'Malley in the present case.

Date: 
May 1939

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

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

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

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

Separate plea in abatement of defendant, T. J. Pendergast 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 Pendergast ask the court to remove said defendant from the indictment based upon the evidence provided within.

Date: 
September 9th 1940

Separate plea in abatement of defendant, A. L. McCormack 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 McCormack ask the court to remove said defendant from the indictment based upon the evidence provided within.

Date: 
September 9th 1940

Separate plea in abatement of defendant, A. L. McCormack 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 McCormack ask the court to remove said defendant from the indictment based upon the evidence provided within.

Date: 
September 9th 1940

Plea in bar of defendant, T. J. Pendergast 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 Pendergast state that all alleged overt acts included in the indictment occurred more than three years before the return of the indictment. Thus, Pendergast requests "that prosecution under said indictment be barred and that he be, therefore, discharged."

Date: 
November 18th 1940

Demurrer of defendant, T. J. Pendergast 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 Pendergast outline their objection to the indictment in six separate points.

Date: 
November 18th 1940

Motion of defendant T. J. Pendergast to quash petit jury panel 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 Pendergast motion to reject the selected jury because of an order that excluded Jackson County residents from being selected. The defendant attorneys' seven reasons to quash said jury are included within.

Date: 
November 18th 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.