The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-09
SIMPLY A SWINDLE.
How White River Ranchers Sold
Their Potatoes.
CHECKS WHICH WE'RE NOT PAID.
Yst Abraham Hoekwald, Who Got Their
Spuds without Paying for Them,
Cannot BE Convicted.

NC PROSECUTION Oh ADI0u6m x1OCAWal
came to m abrupt conclusion in Judge
Humes' court yesterday. the prisoner be-
ing discharged by the court on its own
motion on . nice point of Law after hear
ing the testimony of the prosecuting Wit
ness, Dennis Mullin, the well known
rsncher living near Kent.
The case is an interesting one. not only
on account of the prominence of the men
victimized. but also on account of the
legal ioophole through which the prisoner
escaped. Last February Hockwalc, who
is . Tacoma potato buyer, came up
to the neighborhood q Slaughter
and Kent to buy potatoes. He
found that Mullins. Dick Jaffs
and other well-known ranchers there had
potatoes to sell, and ne dickered with
them for the spuds. These men are all
solid men of means and. although
plain-looking farmers, are shrewd
busineness men, but men who ex-
pect a certain amount of business
integrito in those with whom they do
business. Hockwald bought three cars of
potatoes from Jeffs first for SIT per ton,
arranging that one car should be shipped
at once and the other three cars later. He
gave $50 check on the Scandinavian
bank of Tacoma for the first car load,
which was honored on presentation
the next day. Then he came up
to buy the next three cars. and
gave his check for $667 in payment for
them as before. Jeffs felt some mIsgiving
about the check, but Hockwald assured
him that it was good; that he had money
on deposit there and that it was as good as
gold. Finally Jeffs took the check. Then
Hockwald wrote out a receipt, which he
wanted Jeffs to sign. reading as follows:
Received Of Abraham Hockwald s.
for pounds of Burbank potatoes"
Jeffs thereupon told him that he
wasn't selling Burbank potatoes. and
he would not sign the receipt. There
were some Burbanks among them.
but the most of them were Of
other varieties and Hockwald knew
it. The latter said that they wanted Bur-
banks in Tacoma, and he would sell them
as Burbank's. It didn't make any differ
ence what they were called. but he wanted
q receipt to show what they were, and it
was only a mere matter Of form, and as
between themselves it didn't make any
difference. Finally Jeffs was per-
suaded to sign the receipt. He sent
the check in for collection through the
First National bank of Slaughter, of which
he was president, and the second day it
came back dishonored. At the same time
he received letter from Hockwald saying
that the potatoes were not as represented,
that he had bought Burbank potatoes
and wouldn't take anything else. 1t
wound up by saying that Jeffs could have
his potatoes back again by paying Hook
valid about 81 ton for the trouble and ex-
pense he had been to in the transaction,
or he wou!d take them by knocking that
much off the price.
Jeffs went to Tacoma, attached all the
potatoes he could find that Hockwald had
bought, including those Of Mullin, which
he bought about the same time and in ex-
actly the same way. As they were perish
able property. he had them sold immedi-
ately, and they realized at this forced
sale $50 ton. In the meantime he had
bought tour car loads of potatoes from
Mullin in exactly the same way. Mullin
went to Tacoma to cash the check for
1861 he received, but the teller informed
him that there were no funds, although
Hockwad had told him that the check
was as good as gold.
Jeffs and MuIlens had Hockwald arrested
for obtaining property on false pretences
and on this charge he was tried in the Jeifs
case. On that trial it came out tina: the
reason Jeifs' check was not honored was
because after returning to Tacoma
and before the check had been
presented he notified the bank not to
pay II. The court on that showing held
that it was not a case Of false pretence be-
cause the check Hockwald gave was a
genuine check. actually made and signed,
and if it hai not been for his subsequent
instructions to the bank it would have
been paid.
Prosecuting Attorney Miller then
changed the charge in the Mulin case to
grand larceny, and on this charge he was
tried and acquitted yesterday.
After hearing the testimony of Mr.. Null
lin, Judge Humes ruled that a charge of
grand larceny would not lie against
Hockwald because Mr.. Muliin testified
that he voluntarily parted with the title
as we'll as possession of the potatoes on
the delivery OF the check. 1t was argued
strongly by Mr.. Charles F. Fishback for
the prosecution. that larceny would lie in
every such case where the complainant was
induced to part with his entire interest in
the goods. by means of representa-
lions which the person making them knew
10 be false and intended for the purpose of
inducing the vendor to part with the pos
session and title of his goods against his
will. the theory of the prosecution being
that where the dnimus furandi existed at
the time OF the transaction and the vendor
was induced TO part with his property by
means of a teionious scheme or device the
minds OF the parties never met, and there
fore there was no sale. Judge Humes
held, however, that if the vendor con-
sented TO part with the title to his prop
erty. the intention or animus of the pre-
tended yendee in doing the acts com
planned of was lmmaterial, and that
larceny would not lie
Prosecuting Attorney Miller immedi-
ately gave notice of appeal in open court,
and Will test the question in the supreme
court as soon as possible. OF course,
Hockwald goes free. but the prosecution
wants 10 see whether there is any way IN
which such practices can be stopped
The defendant was represented by Judge
". ". Likins, of Tacoma. and George ".
Rose and ". w. Martin. of this city.
SHIP EIsCHARGING CARCn