Arizona republican., 1918-06-20
MERCHANT |S
 INVOLVED IN
 FEDERAL CASE
Tailor Causes Arrest of
 Enlisted Man and There
 by and Because of Cues tionnaire, Is In Trouble

L. M. Byrd, manager of the Byrd company. 42 West Adams street, was arrested yesterday after noon by Special Agent Oliver of the de- partment of justice, on a federal war rant charging him With obstructing the enlistment laws specifically for causing the arrest on a felony charge of a man about to leave to enter the service of the navy, thereby causing the man to remain in jail all night, when he was due to leave Tuesday night for the service. Byrd alleged the man owed him bill.
 Byrd, who is 2S years old, is in class A. In his questionnaire he swore according to records furnished the de- partment of justice by the local board, that his wife had no funds. When Byrd's case went to the district board, according to the same advices. No funds" had been scratched out and "S2750' inserted. The evidence, so far as the department of justice knows at present, indicates, according to depart ment of justice advices, that Byrd swore falsely in his questionnaire H. Langston said yesterday that ac-
 
 governments case is clear Byrd for the present however, is being held only on the espionage act charge.
 Tuesday Byrd went to l.. NJ. Laney, county attorney, and said he wanted to swear to warrant against L. E. Stell, who had enlisted in the navy and was leaving on the night train for the serv- ice. MT. Laney inquired for what req son and Byrd said Stell gave him bogus check for $40. That being suffi- cient to justify a warrant MT. Laney caused it to be issued charging felony. Deputy Sheriff Harry De Winton went to the train and arrested Stell and placed him in the county jail.
 It was later learned by the county attorney, after an investigation by Special Agent Oliver and Mir. Langston, that the check had been post dated That is Stell made a purchase at Byrd's store April 1, saying he had no money in the bank then but would have money in the bank May l. Byrd, according to the information furnished the county attorney and the federal officials, agreed to the post dating of the check and let Stell have the bill of goods.
 According to MT. Langston's infor- nation Byrd either did not seek to col lect the money May 1, or declined to take any civil action at the time, but waited until Stell was leaving for the war and then brought criminal action.
 AS soon as MT. Laney learned of the circumstances, according to his state ment yesterday, he ordered the case dismissed, so informing Justice of the Peace De Souza, and Stell was released.
 e11I jail, Navy Recruiting Officer Flynn was called. MT. Flynn, according to Special Agent Oliver, upbraided Stell. saying he (StelD would be disgrave to the navy and was about to take his ticket and credentials away from him when the true status of the case was divulged to Flynn. Flynn later said he was under a misapprehension when he upbraided Stell.
 Mir. Laney said yesterday Byrd had no oround for the bogus check con- plaint, that there had been an agree ment at the time the check was post dated. Just why the money had not | been paid, if it has not been paid, was he said, not a matter that concerned his office.
 Sheriff W. H. Wilky' and Under. sheriff Lyman LaTourette said in eff feet that the arrest of Stell was made
 of course in the usual way, MT. La. Tourette adding that apparently the.
 were under a misapprehension at tn, time, but that they were only doint their duty as peace officers, as would have been done with any othe warrant.
 The aYest of Byrd on a federal war
 rant resulted from a careful consider
 ation of the espionage act, Mir. Lang
 ston announced yesterday. MT. Oli
 ver," he said, laid the matter befor'
 me. I reached the conclusion, afte
 consulting the law. that persons can
 not mistreat these boys who are goini
 away perhaps to die for their country
 To say the least it shows poor Amer
 icanism on the part of such people. W
 intend to make of this case an objec
 lesson to others There have been sev
 eral boys held for similar reasons b. persons claiming the new soldiers O
 sailors owed them money. A matte of a s10 debt detained one boy a wee in this county recently.
 T should think merchants and oth CTS could trust such boys for tn amount, knowing when they say i that these boys may never come bacl These people talk patriotism, advertis their patriotism, but when it comes { few dollars, they prove themselve | otherwise.
 "The most of these boys are good fo what they owe; they will pay, if the do not die. These creditors know thi but they are not sportsmen enough { take a chance. It would appear tha if they do not die frightens their pat
 riotic spirit"
 The arrest was made under Sectio 3, Title 1. espionage act, as amended approved May 16 last, concerning tn obstruction of the enlistments of me for the navy. Byrd will probab bly, [ arraigned before Acting United State Commissioner DeSouza this mornin He was placed in the county jail 2 l:30 o'clock yesterday afternoc~ Mir. Byrd stated last night that tf post dated check referred to was mo out on April 1 and was dated for Ma 1. This. he says, shows that it wa made out over a month and a half bt fore Stell's arrest on Tuesday nigh He says he had sent the check to il
 bank at Gilbert, upon which it wa
 drawn, several times. the first tin early in May. Each time the bank rs turned it. He states that he also wro Stell a letter and at two differel times sent him nersonal word but tn; Stell never once since making out u
 check on April 1 replied in any WE
 or came in to see Byrd. MT. Byrd sa, he did not know he was interfering
 government service by having askt the county officers to arrest Stell ( 7 a charge of obtaining property upon
 worthless check.
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