The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1926-01-15
Dozen BOotleggers
Occupy County Bastile
Continued from First Page

sued Harry Hoffman Of Docley for
the possession of a Ford car alleged
to be the property of Henderson but
which is now in the possession of Mr..
Hoffman, who claims he purchased it
from a tree salesman named Cook.
The Crosby county attorney wanted
to have Harry Hoffman extradited to
North Dakota some time ago and
have him tried on a criminal charge
there for having possession eff the
car. Governor Erickson granted the
eXtraditiOn papers but Hoffman's at
moved for a writ of habeas corpus
which resulted in forcing the County
Attorney of Divide County, N. D., to
admit on the stand that he had no
evidence in his possession tending to
show that Hoffman had stolen the
car or that he was ever in the state
of North Dakota. The court decided
then that a prima facia case that
Hoffman was fugitive from justice,
had not been made out and overruled
the eXtraditiOn.
Files Civil Suit.
Henderson then filed a civil action
for the possession of the car and
damages. The case came up for
hearing this week and resulted in
/ Henderson winning possession of the
car and being awarded $500 damages
to the plaintiff.
/ Myles Henderson deposed that he
bought a Ford Sedan from Miller
Brothers of Ambrose, N. D., April
9, 1925, and that ne left it in the
street in Crosby, N. D., while he was
attending exercises at the High
School in that city on MAY 9. 1926.
He states that when he came out he
could not find the car and claimed
that while attending a baseball game
at Plentywood on July 18th, he recog-
niZed the car now in Hoffman's pos
+ session as the car he had purchased
from Miller Brothers. Henderson did
not produce. any receipt, contract or
license card showing who he pur-
chased the car from.
Harry Miller testified that he sold
the car to Henderson at Ambrose. N
d. He identified the car by scratches
on the top and sides.
Russell Eberstein, department OF
justice detective, was put on the
stand by the plaintiff as an expert on
car numbers. He testified that the
last SIX numbers on the engine had
been slightly filed down and re-
stamped with the same numbers with
the exception of two rs which were
4 changed into Is. He stated that the
Is come from the factory with a be
destal underneath while She tours do
not.
The Defense.
4 Ebenezer HARNESS, agent for the
American Protective Insurance Asso-
cciation, gave evidence along the same
Nels' Markuson of Medicine Lake
testified that all the numbers on the
car had been changed and that the
original the tip of the ORIGINAL one
nad an upward curve. If the 7 had
oeen changed into a four this curve
would still show but it DIDN'T on tbe
car under investigation. This testi-
InOny was IN contradiction of the evil
dence given for the plaintiff.
Roy Medders of the Medders &
robinson Garage, Plentywood, gave
eVIqence along the same line.
=, frank Guenther of Kavon's Garage
PiIlentywoOd, claimed that the fTst
Ihree letters were not changed anC
mat the balance had been cban0nC
dies. iSs uiar Foro
The only thing the Gear exnerts,
seemed to agree about was that fbe
NUMBERS had been changed but they
bers. 'p0Oiii0 mum
Harry Hoffman testified that he
bought the car May 4th from a trse
agent named Cook and paid him S65C
Eneretor. He got a bill of sale from
Gook witnessed by a brentwood mar
dated May 4th. He believed that the
car was legitimately in the possessior
Of Cook and thus far nobody else baC
SHOWN any papers proving owners hir
Several ether witnesses testified or
0ehalf of Hoffman to the effect thai
ne was on his farm at the time thu
car was alleged to have been saIer
from Crosby. van .
The case went to the Jury at Sac
wednesday evening and thew returned
a verdict as above at about II o'cIocI
the same night.
Paul Babcock, attorney fer the de-
Iendant, asked for STAY Of execu.
tion so that he could prepare mo.
zion Tor a new trial. Attorney Greer
appeared for the plaintiff.