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Motion to stay proceedings herein and to continue this case as to the defendant, T. J. Pendergast, for the purpose of permitting this defendant to apply for executive clemency in 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 request the court to delay the case so that the defendant can apply for a pardon on account of his previous penitentiary sentence and payment of fine.

Date: 
November 18th 1940

Plea in bar to the indictment, plea in abatement of the indictment, and motion to quash the indictment, and to dismiss the prosecution, on behalf of defendant T. J. Pendergast in 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 request the above actions be taken for seven reasons as outlined within.

Date: 
November 18th 1940

Motion of A. L. McCormack to quash indictment in Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormack, Defendant. In this document, McCormack's attorney requests to void the indictment because the alleged acts took place three years before the indictment was returned, thus passing the statue of limitations.

Date: 
November 18th 1940

Motion of defendant R. E. O'Malley 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 O'Malley 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

Indictment for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, 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 1940

Capias for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, 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

Two recognizances for appearance in court for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In these two documents, Thomas J. Pendergast and Robert Emmet O'Malley assert that he will appear before court to answer for charges of "interferring with the orderly and lawful functioning of the Judiciary Department."

Date: 
July 16th 1940

Order transferring case for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, Albert L. Reeves transfers Case No. 14912 to No. 14937 as both cases have the same defendants and allegations.

Date: 
August 20th 1940

Affidavit of bias and prejudice for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, 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

Order upon plea of not guilty Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, the court acknowledges Pendergast's oral plea of not guilty and orders that any :any demurrer to the indictment or motion to quash or other preliminary motion shall be filed" by September 6, 1640.

Date: 
September 5th 1940

Separate plea in abatement of defendant, T. J. Pendergast for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, 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

Memorandum in plea for abatement of indictment for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, attorneys for Pendergast submit a request to void the indictment for the reason outlined within.

Date: 
September 10th 1940

Motion to stay proceedings herein and to continue this case as to the defendant, T. J. Pendergast, for the purpose of permitting this defendant to apply for executive clemency in Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, attorneys for Pendergast request the court to delay the case so that the defendant can apply for a pardon on account of his previous penitentiary sentence and payment of fine.

Date: 
November 18th 1940

Subpoena duces tecum for W. T. Kemper in Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. This document orders W. T. Kemper, Jr. of the Commerce Trust Company, Kansas City, Missouri, to testify in court on November 18, 1940 and to bring as evidence "records as custodian of the impounded insurance premiums under order of the U. S. Court for the Wester District of Missouri."

Date: 
November 16th 1940

Separate demurrer of defendant, Robert Emmet O'Malley for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, attorneys for O'Malley outline their objections to the indictment in 14 separate points.

Date: 
November 18th 1940

Two separate motions of defendants T. J. Pendergast and R. E. O'Malley to quash petit jury panel for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In these documents, attorneys for the two defendants 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

Plea in abatement, plea in bar, and motion to dismiss in Criminal Case No. 14912: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, attorneys for Pendergast request the above actions be taken for two reasons as outlined within.

Date: 
November 18th 1940

Subpoena duces tecum for John J. Campbell in Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. This document orders John J. Campbell to testify in court on November 18, 1940 and to bring as evidence "records as manager of the custodian's files of the funds impounded in the Missouri Fire Insurance Rate Litigation."

Date: 
November 18th 1940

Demurrer of defendant, T. J. Pendergast for Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, attorneys for Pendergast outline their objections to the indictment in five separate points.

Date: 
November 18th 1940

Memorandum for the Honorable A. Lee Wyman, United States Judge, upon pleas in abatement interposed by the above-named defendants in Criminal Case No. 14937: United States vs. Thomas J. Pendergast, Robert Emmet O'Malley, and A. L. McCormick, Defendant. In this document, Acting United States Attorney Richard K. Phelps summarizes the pleas of the defendants and then discusses the legality of said pleas.

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.