The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1920-02-27
FRAUD HEARING
NOT FINISHED
Alleged Conspiracy to Defraud
the Government Before Com
missioner Again Today.
THREE MEN DEFENDANTS
Prosecution Introduces ONLY
Three Witnesses During
Preliminary Session.

Max Klein, Harry w. Nelson and
Owen +. Pointer were arraigned be-
fore United States Commissioner John
G. Avery yesterday for a preliminary
hearing charged with violating the
penal code to defraud the government.
Mr.. Klein is a local retail and whole
sale merchant and the other two men
are of the navy, Nelson is chief COM
missary steward and Pointer holds
the official title of Jack of the Dust
The charges allege that the Klein
Grocery company misappropriated Ger
tain groceries and meats during a
period covering four years and the
two navy men We're agents in the
transactions. The preliminary hearing
will either establish the charges or
dismiss the case before the convening
of the federal court.
The prosecution is represented by
/ Col. John n. Neeley, federal district
| attorney, and Assistant Attorney Geo
| e. Hoffman. The defendants are
| represented by Attorneys John Stokes
| and Philip Bea1l.
Three witnesses were introduced by
the government yesterday afternoon
| one of them being L. Mitchell, for
[! merly a truck driver for the Klein
| Grocery Co. Others We're Lieut.. r. l.
Kittrelle, Up. CO. U. S. n. supply Of
ficer of the Naval Air Station, and
M. paagett. cook, in charge Of the
galley at the station. The hearing
was continued last night at o'clock
until this morning at 10 o'clock when
it will be again taken up. The hear
ing will be completed today it is
thought.
In testifying before the court, Nit
chell said that he had taken several
cans of what was said to be coffee.
and which weighed about 100 pounds
from the station to the store on Pala-
fox-st. He stated to the court that he
had brought three Of the cans the
first trip, one two cans two othe:
! trips and two cans the last trip The
, last time he said that he had taken
one of the 100 pound cans to his home.
513 N DeVillier. and took the other
one to the store. He said that he was
told by one of the navy men that he
could take one of them.
Nelson and Klein had a conference
later, he testified further, and he was
told to bring the can of coffee down
to the store. This he did, he said, with
out ever having opened it. He never
hauled any more cans from the sta
ton following this, he said.
The first witness called by the state
was r. l.. Kittrelle, formerly supply
officer Of the receiving ship at Pen
sacola, and now disbursing officer al
the Air Station. Mr.. Kittrelle stated
to the court that all coffee cans We're
ordered turned in to a forwarding Of
ficer who returned them to the supply
base No one else should possess one
of the cans, he said, as they were
government property, and no one
could buy any of the contents for re-
sale.
Chief Nelson was the only man who
was directly responsible for the proper
issuance of ordered mess material, he
said. and Nelson's figures We're ac-
cented without check when the quar-
ter1v mess material inventory was
+al.e, for the reports. Nelson. he s,ilo.,
iss,1ed rations upon penciled requisi
ton made by the cook, The supplies
are sent to the galley and only Nell
SONS figures filed for voucher of ma
teria1 used.
NJ Padgett, cook in charge OF the
galley was the next witness called by
the prosecution Padgett stated to the
court that Nelson issued material
asked for and that Pointer acted 3
agent When the material arrived
at the galley, he said. carbon list
of material accompanied the order.
He checked the material into the gal
lev hut the carbon copy was not filed
nor. eonnared with the original which
was filed in the comnissary office
ATTORNEYS for both state and de-
eandants are putting forth their best
efforts in the hearing and question
after question was contested by the
opposing counsel.
Col, NeeIey stated that he was per
fac+1v satisfied with the result of the
t,aariI,e Of the first day and that his
side of the case was getting along
az he had expected. The case will be
taken m again this morning and sew
ara1 other witnesses will be called be-
fore the court The case yesterday
was begun at 3 o'clock and only the
three witnesses had been questioned
and cross examined at the close of
the session