Evening star., 1929-11-15

attempted to sustain his third offense
charge, however, 1t was found that the
papers showing the conviction in the
second offense were missing.
Nevertheless, the woman's case was
sent through as a third offense, but
considerable doubt was expressed at the
district attorneys office as to whether
1t now is possible to obtain her convtc-
ton on the third-ofense charge. AS
yet, the grand jury has taken no action
in the case.
The missing papers in the other case
are an original confiscation order, dated
August 26, which turned over a truck
to the Treasury Department, and sub
seQuent petition on this order. The
truck was owned by Elias Duke, and
was seized for alleged connection with
a rum-running case involving Duke,
Fred Middledorf and Dennis Graves.
These papers have been sought unSuc-
ceSsfully for several weeks.
On April 16, 1928, according to the
information filed, three men, Middle
dorf, Graves and James Bowings, were
delivering beer in a truck owned by
Graves were convicted and Bowings
was released. Duke pleaded no knowl-
edge of the use to which his truck was
being put, but the truck was in con-
fiscation at that time.
Petition for Return Is Denied.
On May 21 last, a petition for the re-
turn of the truck was filed and on July
6 it was denied, according to the
records. On August 26 the order for
| confiscation was made, but the original
of that record, which ordinarily would
be found with other papers in the case
cannot be found.
A petition for the rehearing OF the
application appears among the papers
| however The oficial clerk Of court
stamp is blurred, but the date on the
petition appears to be either July l OF
July IL. over the date is written In
ink the figure seven, which is presumed
to be the official date on which the
motion for a rehearing was filed. July
z, 1929 however, was a Sunday. July
| / would have been five days before the
appeal decision was handed down.
| Ordinarily the order for conflscatior
would not have been issued until the
motion, allegedly filed on Sunday, July
Z, had been disposed OF. but the motion
was not passed upon until October. Or
the jacket is a notation saying that the
motion for new hearing was filed or
June 7, 1929, month before the deci-
sion 1t was appealed from was made
The motion for new hearing was
granted, although it was filed on SUM-
day, Judge Hit explaining that he coulC
not prejudice the defendants rights be-
cause of q clerical error. He reversed
his former decision and decided against
the Government. and as things nov
stand, the truck Is to be returned to the
defendant. Assistant District Attorney
James r. Kirkland has filed a motor
for another rehearing and this has beer
set for tomorrow.
Hit Says Copies Ordered.
Judge Hit said today that at the timt
the case was before him, he ordered
made two certified copies of the con
f1scation order. It Is believed that /
either of these copies can be found tn,
fact of the missing original will no
materially affect the case.
I'm view of the fact that approx
mately 10000 liquor cases were handleC
in the clerks office last year." Judg
Hit said, "it is not surprising tina
some mistakes should crop out. Ther
! Is so much moving of the records from
; place to place that wonder more q
i. them are not lost. do not believ
that any one particular person can b
| blamed and ! do not believe that an
of these missing records were removes
by persons with ulterior motive;
Nevertheless, have ordered the clerk
office to make a thorough investigation
A to clear up the whole matter"