NEW ULM — Water Grams was charged Friday — in the county court where he formerly served as clerk — with felony theft of public funds.

Grams had resigned his post as clerk of district and county court in Brown County June 3.

The criminal complaint was signed by County Atty. Robert Berens, whose investigation led to Grams’ resignation.

Grams was charged with cashing three checks worth $22, made payable to the clerk’s office, at a local bank and taking the money for his own personal use.

As clerk Grams had received various fees on behalf of the county for the filing of legal papers and other matters.

The three checks he is charged with cashing are from New Ulm attorneys — two from A.R. Mueller for $7 and $2 dated March 24 and 26, and one from Somsen, Dempsey and Schade for $13 dated March 31.

GRAMS’ ATTORNEY, Pat Moriarty, said his client waived his right to a preliminary hearing in county court and requested the case be bound over to district court.

Berens asked that Grams be released on his own recognizance (no cash bond required), until his appearance in district court. Judge William Mather ordered this.

Berens said the five district court judges in this district will probably decline to hear the case since they know Grams. If that is the case, another judge will be appointed by the chief justice of the state supreme court to hear the case, he said.

STATE EXAMINERS are still working on an audit of the records in the clerk’s office. No report has been filed of their findings. Berens said he wanted to bring the matter to court before leaving office and for that reason filed the complaint based on what his own investigation had revealed. Berens has resigned after 24 years in office, effective Monday, and his associate R. T. Rodenberg has been named to replace him as county attorney.

Berens said he didn’t know if any other charges would be filed since he didn’t know what the audit would disclose.

“My opinion is no further charges will be brought,” Berens said. “He has been charged with a felony now, what more can they do.”

New Ulm Daily Journal

June 29, 1975