Arizona republican., 1921-02-25
J. $. JUDGE QUASHES
 DEMURRERS FILED BY
 PETERS AND JAGGERS

Thomas A. Flynn, United States at torney, and John H. Langston, assist ant United States attorney, scored heavily yesterday in the United States district court when Judge William C.: Van Fleet of the northern district Of California. sitting in the local federal court in the absence of Judge William H. Sawtelle, overruled four demurrefs brought by the defendants in the case of the government against Alfred J. Peters, president of the Alfred J. Peters Wholesale Hay and Grain company, Tempe: Vernon Peters, his son; J. M. Jaggers, chief inspector for the Salt River Valley Hay Dealers association, and Paul Aepli, on allegations that they had defrauded the government in the sale of hay during the war and afterwards. Immediately after over ruling the demurrers Judge Van Fleet decided again for Attorney Flynn by denying a petition of the defendants that certain books, papers and docu- ments in the possession of the gov ernment be returned to them.
 The first demurrer was brought against an indictment charging the de- fendants with entering into a conspir- acy to defraud the government by issuing false and fraudulent invoices, bills of lading and certificates for the purpose of leading government off cers to believe that rney were getting hay of a grade superior to that which was actually delivered to them. These alleged frauds, it is said, run into the thousands of dollars. as they con- cerned not only the quality of the hay furnished the government by the de- fendants but also the quantity. The transaction, of which specific mention is made in the indictment. occurred between December 1, 1918, and May f roi ct h 10 indictment covered the entire three counts in it.
 The second demurrer attacked five out of seven counts alleged against Peters, Jaggers and Aepli for making certain claims and invoices against the government and attaching thereto fraudulent certificates that the grade of the hay was better than in fact. Tn connection with this indictment it was said yesterday that the govern ment has in its possession the two sets of certificates-those which were made originally and correctly by the grad CTS and the frsudulent ones,, delivered to army officers.
 The third demurrer was brought against an indictment written against Vernon Peters for false weights and containing two counts. The first of these alleges that the weight of one shipment of hay. coming to 21,035 pounds in fact. was certificated to as coming to 22,035, and the second all legged that shipment weighing 25,S40 pounds was made to appear of 26,915 pounds.
 The fourth demurrer was brought against an indictment against Peters, Jaggers and Aepli, and charged false claims and invoices in grades. four counts out of six being attacked fin the demurrer.
 In connection with the alleged false certificates, it was declared yesterday that the certificates were signed in greater number by Jaggers, while the remainder were signed by Aepn with Jaggers' name.
 In everything the demurrers, Judge Van Fleet held that all the counts in all the indictments were good and that the wording of the indictments could not be improved upon as expressing correctly the offenses charged. espe- cially in the conspiracy indictment. Following the arguments concerning the demurrers and the decision of the court, the defendants brought up a petition asking the return of property which had been seized on May 13 1919, and which consisted of books and other records of the Peters Whole sale Hay and Grain company. The petition was based upon the fourth and fifth amendments to the constitu- tion of the United States.
 The fourth amendment protects the right of the people to- be secure in their persons, houses, property and