Great Falls tribune., 1922-03-11
|UNIRIED POINT
| OF Law RAISED
in BOOZE CASE
Question of Immunity Devei-
opments in Arrest OF
Noble Witnesses.

Legal technicalities arising ont Of a
heretofore undecided phase Of the sol-
stead act were ushered into fedora!
court Friday with the arraignment OF
II. A. Prescott and Martin Ernest be-
fore Judge George NJ. Bourauin on
charges Of violating the NATIONAL pro-
hibition act. Prescott had formerly
testified ON the witness stand IN fed
eral court that he had allowed two
whisky runners to store quantity OF
liquor in his cellar and Ernest ad-
mitted on the stand in the same trial
that he had transported the liquor in
an automobile from Canada. J. y.
Thelen appeared Friday morning and
entered pleas Of not guilty for the
defendants.
Court Raises Question
The point of law involved is whether
the testimony of the two men, in which
they admitted violation of the prohibit
ton law to free Harvey Noble, who
was being prosecuted at that time for
similar offense, grants them i'm
munity from prosecution, according to
United States District Attorney !. L.
Slattery. The point was raised by
Judge Bourquin when he asked Mr..
Slattery whether there wasn't some
question about the two men having
an immunity bath. Attorney Slattery
said that the men did not appear as
government witnesses.
According to the Volstead act, Mr..
Slattery explained later, witness who
is subpoenaed and sworn to serve as
witness for the government is i'm
mune to prosecution after appearing in
court. Whether the same principle ap-
plies to witnesses appearing for the
defense is the point to be settled IN
the cases of Prescott and Ernest,
whose trials were set for March q.
Attorney Slattery and Assistant At
torney Ronald Higgins aver that the
point is worthy of thorough test and
that it involves question that has
never before come up in this district.
or any other district that has come to
their attention. Mr.. Slattery pointed
out that if the point of law involved
served the same purpose whether the
witness in the case were for or against
the defendant it would in some in
stances serve to check prosecution in
cases where more than one person
were engaged jointly in transaction
in which the law was violated.
Viii Appeal Auto Case
In the cases against one REQ auto
mobile and J. o. Stout and one Hud-
son automobile and A. ]. Stuper. which
were tried and submitted to the court
on an agreed statement Of facts. At
torney Crimstad. appearing for the de
PENDANTS, contended that the internal
revenue acts under which the automo
biles had been seized by the govern
ment have been repealed by the ma
tional prohibition act. Judge Bourquin
held otherwise and gave a decree for
the government in each case. Attor-
ney Crimstad gave notice that he would
appeal the ruling to the United States
circuit court of appeals Stout was
arrested in Billings on a charge of
transporting liquor and Stuper was ar
rested in Hardin for the same alleged
offense.
Judge Bourquin dismissed the petition
of creditors Of A. l.. Ritt of Havre
that he be adjudged bankrupt. There |
was no opposition in the case. mol
other cases appearing on the calendar
for this week. court was adjourned I'M
til $50 o'clock Monday morning and |
the jury was dismissed until Tuesday |