The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1920-02-13
LOCAL GROCER and TWO SAILORS
Held BY UNITED STATES COURT
I'm CONSPIRACY TO DEFRAUD CASE
Max Klein, Proprietor of Klein
Grocery and Magnolia Mar
ket, Makes Bond of S2,500
CASE is FAR-REACHING
District Attorneys Office Says
Evidence Available Covers
Acts of Four Years

-hdA INItiI ol4 N oarC6lOna-SI
proprietor of Klein Grocery Co. and
the Magnolia Market was arrested
yesterday on a warrant from the
United States District Attorneys Of
flee, charged with conspiracy to de-
fraud the government. He was re-
leased on bond of $4,000. signed by
+. r. Malone and Albert Klein Harry
w. Nelson, Chief commissionary
steward, U. S. N. and owen J. Pointer,
Y. S. N, are held by the naval author
tiles in connection with the same case
The district attorney, Col John l..
Neeley has asked that they be sur
rendered to the civil authorities for
prosecution.
The arrests were made under Sec
ton 81 of the Penal Code and $40
or the Statutes. The penal code says:
Sec. 81. If two or more persons
conspire either to commit any offense
against the United States or to de-
fraud the United States in any man
ner or for any purpose. and one or
more of such parties do any act TO
effect the object of the conspiracy.
each of the parties to the conspiracy
shall be fined not more than $4,000
or imprisoned not more than two
years, or both
The affidavit in which the warrants
were based was made by Assistant
District Attorney Geo. Earle Hoff-
man. The affidavit asserts in effect
that several cans of coffee of weight
unknown were diverted from the navy
supplies base to the Klein grocery
and the coffee was placed on sale in
the grocery. The affidavit also makes
reference to certain other foodstuffs.
alleged TO have been turned over to
Mr. Klein, in violation of the law.
The investigation has been far
reaching, and is said to cover the do
ings of the local grocer for a period
of four years. The naval authorities
have rendered every aid to the civil
officers and the results of the present
investigation. according to official in
timation, will be far-rea ching. The
affidavit follows
United States of America, Northern
District of Florida.
Before me. John c. Avery, a United
States commissioner for the North
ern District of Florida, personally ap-
peared this day George Earl Hoffman.
United States assistant district at
torney who being first duly sworn"
upon informa ton and belief, deposes
and says that about the first
day of February, A. D. 1920, at Es-
Gambia county, in said district Harry
w. Nelson, being then and there a
chief commissary steward at the
United States Naval Air Station in
Escambia county. Florida, and one
Owen +. Pointer. being then and
there a member of the naval forces
of the United States, at the said Naval
nj
there charged with the supervision,
control and disposition of the goods,
property and supplies of the Navy De-
partment of the United States of
America at the said Pensacola Naval
Air Station, acquired for the use of
the commissary general storehouse
and general mess, together with one
Max Klein, all late of Escambia coun-
ty, in the State of Florida, unlawfully.
knowingly and feloniously did con-
spire, combine, confederate and agree
together and with each other to de-
fraud the United States OF America
that is to say, that Of the goods,
property and supplies Of the United
States and of the Navy Department
thereof, at the said Pensacola Air
Station, to-wit Certain metal drums
containing coffee and certain other
containers and packages containing
foodstuffs and supplies the kind and
quantity thereof being presently to
affiant unknown, the said Harry w.
Nelson, and the said owen T.. Pointer
should cause to be delivered to and
received by the said Max Klein at the
place Of business OF the said Max
Klein, in the city of Pensacola, Es-
Gambia county, Florida, to be placed
in the stock of the said Max Klein
in his said business in Pensacola,
Florida, and disposed of to and
through his custom and trade, and
therefore to deprive the said United
States of the use and value Of the said
goods, property and supplies afore
said.
And the said Owen E. Pointer in
of said conspiracy and to
effect the object thereof. unlawfuly
wilfully and feloniously on the day
and date aforesaid cause to be deliv-
cred to the said Max Klein centain
drums of coffee the exact weight and
kind TO affiant presently unknown
being then and there goods, property
and supplies of the United States, all
of which affiant says was done, con-
trary to the form and statute in such
cases made and provided, and against
the peace and dignity Of the United
States of. America, etc.
: The affidavit is signed by Mr.. Hoff-
man. and was made at ] O'Clock this