St. Louis Post-Dispatch from St. Louis, Missouri • Page 6

ST. LOUIS POST- DISPATCH deposition taken July 31, 1958, when he said he had no knowledge of electricians and other board employes working at his son's home before May 12, 1958, He also was accused of committing perjury in denying that he knew board material was being used at the home. Last May 17, the St. Louis Court of Appeals held that Dr. McCaffery was guilty of gross misconduct in office in tion with the home renovation work by board employes.

His removal from the board had been sought by two other board members in a suit. By the time the case reached the appeals court Dr. McCaffrey's service on the board had ended. He had been defeated in his bid for re-election in April 1959. JAMES R.

BLUMENFELD FUNERAL TO BE PRIVATE Private funeral services will be held tomorrow for James R. Blumenfeld, a St Louis lawyer, at Mount Olive cemetery Mr. Blumenfeld, who was 37 years old, died today a at McMillan Hospital of cancer. Mr. Blumenfeld was president of the eJwish Child Welfare Association of St.

Louis and a delegate to the National Delegate Assembly for Civil Rights in 1956 in bachelor's Washington. degree He received, his University of Wisconsin and later served three years in the Army in World War II. He received his law degree from Harvard Law School and practiced law with i his brother, John A. Blumenfeld, at 721 Olive street. He lived at 7834 Lafon place, University City.

Surviving are his wife, Judith; a son, Thomas; a daughter, Joanne; his parents, Mr. and Mrs. Morris Blumenfeld, and his brother, all of St. Louis. Compete Twin Size Carat LOOSE DIAMOND BED HOLLYWOOD Terms- Eagle Stamps ZALE-Selle $18950 STEIN FURNITURE CO.

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ty should be strong but appro- priate. "Neither the state of souri, for that matter, those individuals who two years ago originally brought the civil action against Dr. McCaffery, wish to inflict punishment in the extreme. Dr. McCaffery is a licensed dentist, and if convicted of a felony, he would cally lose his license.

"To permanently deprive him of his livelihood would be punishment in the extreme. "Further the charges to which he has now pleaded guilty are completely appropriate to his wrongful conduct. What Dr. McCaffery, did public was to office in wrongfully an and materials of the school attempt to appropriate the labor board for his own private use. Thus, the charges of willful misconduct in public office and attempted stealing most accurately represent the conduct of which he is guilty.

"The state recommends six months in the city workhouse on each charge, to run consecutively for a total time of one year. "With respect to the one charge against his son, James Nicholas McCaffery, the state recommends six months in the city workhouse. state realizes that Dr. McCaffery will undoubtedly apply to the court for probation, as under the law he is eligible to so apply. Conditions Recommended.

"We neither recommend nor oppose such an application to the court. However, the state will urge in the strongest possible 5 terms that if the court should see fit to grant probation, that among any other conditions of probation, the court irrevocably impose the following: "1. That the probation period be for two years, which is the maximum allowable under law. 42. That during a probation period, Dr.

McCaffery make full and complete restitution in the amount of $3042.77 for the labor and material he wrongfully diverted. Dr. McCaffery has acknowledged this obligation and has stated his intention to repay it in a signed statement which I herewith am filing with the court. "By Dr. McCaffery's plea of guilty and his acknowledgment of his indebtedness to the school board, I strongly feel that in a large measure.

public confidence once again can be restored in our public offices. I believe that any other official who might contemplate deviating from the legitimate standards of official conduct will be sufficiently deterred by the example of what has happened to Dr, McCaffery." Eagleton Statement. After leaving the court, Eagleton gave this prepared statement to reporters: "If the court sees fit to place Dr. on ultimately, probation and under the condition that he repay the money which he wrongfully diverted, the question may be raised as to how such a disposition would compare with what was proposed by the victim in the Orlando case. The differences are obvious.

"1. Dr. McCaffery has no criminal record whatsoever, as contrasted with the voluminous Orlando record. Hence, from the point of view of the threat of future harm to the community, the threat of Dr. McCaffery is nil as compared with the Orlandos.

"2. Dr. McCaffery's crime is one of deceit, as compared with the Orlando crime of extreme violence. Historically, in crimes of stealing, especially ones of deceit, a firm prerequisite has been that the guilty party not only acknowledge his guilt but make full and complete restitution as well. In mentioning the Orlandos, Eagleton referred to Peter and Samuel Orlando, brothers and coal peddlers, who were sentenced to three and two years in prison by Judge Nangle on Tuesday for assaulting Thomas Ashlock, a crippled man.

Ashlock had asked that they be given probation so they could earn money to pay the medical bills resulting from the assault. Eagleton opposed probation. Indicted Last July. Dr, McCaffery and his son were indicted last July by a circuit court grand jury which investigated the practices of some members and employes of the Board of Education. The stealing indictment against Dr.

McCaffery said he had stolen time and labor of board employes in the amount of $329, and board equipment valued at $392, to repair and improve the home of his son at 6117 McPherson avenue. The indictment for perjury said Dr. McCaffery lied in a ST. LOUIS POST- DISPATCH Founded by 12, JOSEPH PULITZER Dec. 1878 1133 1 Franklin Ave.

(1). Business Phone Number MA. 1-1111 Direct Adtaker Service MA 1-6666 Published Daily by The Pulitser PublishIne Co A Entered second- class matter, July 1879. at the post office at 8t. Louis under the act or March 3.

1879. MEMBER OF ASSOCIATED PRESS ANd AUDIT BUREAU OF CIRCULATIONS. The Associated Press entitled exele: elvely to the use for republication of the local news printed in this newspaper. well as all Associated Press news dispatches. SUBSCRIPTION RATES: By carrier in Greater St.

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(UPI) Funeral services were held Wednesday here for a state game warden who had served in Franklin county since 1953. Wilford Day, 46 years old, Benton, who died Monday, was a brother SAVE $500 CURRENT DIVIDEND SAVINGS INSURED $10,000 NORTHWESTERN SAVINGS AND LOAN ASSOCIATION 5508 NAT. BRIDGE, EV. 2-5336 ST. LOUIS 20.

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