The Winslow mail., 1923-06-29
GARDNER AND KELLY CONVICTED
JUDGE JACOBS PASSED SENTENCE
TUES. FIVE YEARS THE PENALT\

Constable Ed Gardner and former
deputy sheriff, w. G. Kelly were
found guilty in the federal district
court at Prescott on Monday of a
violation of the Dyer act, that against
the transportation of stolen auto
mobile from one state to another,
and of conspiracy in connection with
the theft of the car. They were each
sentenced on Tuesday afternoon, by
Judge Fred G. Jacobs, to serve four
years, in the penitentiary at FIT.
LeavenWorth, Kansas, on the direct
charge and one year and one day
each on the conspiracy charge, the
sentences to run cOnsecutively.
The jury received the case at $50
Monday afternoon and returned the
verdict to Judge Jacobs at $3.50. The
case occupied three full trial days.
A number of witnesses were called
on the case from WinsloW among
whom were City Marshall G. w. Harp
deputy sheriff Walker, S. w. Law
head manager of the Western Union,
G. l.. MILAN, mayor of Winslow,
Charles F. Dare, cashier of the Ari-
zona State Bank, and Miss Monroe,
cashier of The Bank of Winslow
One juror from Winslow, r. M. Hen
sley, sat on the case.
Happy" Enoch Wilson jointly in
dicted with Gardner and Kelley in
the case turned states evidence and
the case against him was dismissed.
He will be tried, however, in New
Mexico where he has been indicted
in connection with the same case. It
is rumored, also, that he will be
brought to trial in connection with
the McClennan case. This has not
been confirmed as yet, however.
The attorneys for the defense were
O'Sullivan & Morgan and G. H. Jor-
dan while Bilby and Cradle, assist
ant district attorneys conducted the
prosecution.
The testimony was confined strictly
to the theft and transportation of
the car. Testimony pertaining to
the sale of the car in Clovis, New
Mexico was not admitted. Wilson was,
the chief witness to whose testimony
was added letters and kilograms
which figured in the case which ap-
parently made a clear and convinc-
ing case against the defendants. The
story Of Wilson's testimony and other
matter pertaining to the case is told
as follows in The Journal-Miner of
Prescott:
According to this witness he was
invited by Kelley and Gardner to
join them in a deal over couple of
cars. Wilson said he refused to have
anything to do with stealing a car
belonging to Tom Quebedeaux,
banker of Winslow, who had helped
him. He said that after some pre-
suasion, he had agreed to drive
Buick car away and sell it. He said
Kelly and Gardner promised to con-
fiscate the car on account of booze
and leave it where he could get 1t.
Wilson said the defendants want
ed money to run for office and prom
ised to stick with him "till hell
freezes over" He said they repre-
sented the case to him as "a cinch."
They fixed it up to send no warn
ings of stolen car along the route
they selected-eastward into New
Mexico, Wilson testified, and so one
night he went to where they had ar
ranged to meet near the stockyards
at Winslow, got the car and drove
away. He said he asked if there was
any whiskey in the car and was told
''it't none of your damn business.
It's your car now. Take it so damn
fur nobody will ever hear of it"
Wilson drove the car to Holbrook,
Springerville, Socorro (where he
wired back signing the name Earl