State ex rel. Oregon Bar Ass'n v. Prendergast

• Decision Date: 22 May 1917
• Citation: 84 Or. 307,164 P. 1178
• Parties: STATE EX REL. OREGON BAR ASS'N v. PRENDERGAST.
• Court: Oregon Supreme Court

164 P. 1178

84 Or. 307

STATE EX REL. OREGON BAR ASS'N v. PRENDERGAST.

Supreme Court of Oregon

May 22, 1917

In Banc.

Disbarment proceedings on the relation of the Oregon Bar Association against Wm. J. Prendergast. Demurrer to complaint sustained with leave to amend.

This is a disbarment proceeding instituted by the state upon relation of the grievance committee of the Oregon Bar Association. The complaint charges, in substance:

"(5) That on, to wit, the last day of July, 1916, a grand jury duly impaneled in the District Court of the United States for the District of Oregon, returned an indictment against the said Wm. J. Prendergast for violation of section 215 of the federal Penal Code; that in the said indictment it was charged that Wm. J. Prendergast on, to wit, the 9th day of February, 1916, in the city of Portland, in the state and district of Oregon, having devised and intending to devise a scheme and artifice to defraud various and sundry persons named in said indictment, and for the purpose of furthering and executing said scheme and artifice to defraud, and for obtaining money and property by means of false and fraudulent pretenses, representations, and promises, did knowingly, willfully, unlawfully, and feloniously place and cause to be placed in the post office at Portland, Ore certain letters and other mailable matter to the said various and sundry persons therein named, contrary to the form of statute in such case made and provided and against the peace and dignity of the United States of America; and that by means of said scheme and artifice so contrived and conceived the said Wm. J. Prendergast did defraud various and sundry individuals out of money, all contrary to the form of statute in such case made and provided.

"(6) That on, to wit, July 6, 1916, Wm. J. Prendergast was arrested on said charge, and at a regular term of the District Court of the United States for the District of Oregon, held at the federal courthouse in Portland, Or., on the 17th day of November, 1916, the said Wm. J. Prendergast was duly and legally tried and convicted of the crime charged in said indictment, to wit, using the mails of the United States to defraud; that judgment was by the said District Court of the United States for the District of Oregon pronounced against Wm. J. Prendergast, and he was sentenced and ordered to pay a fine of $800; and that on, to wit, the 5th day of February, 1917, the said ...