Evening star., 1937-07-21
DEFENDANTS TALE
IN BONDING TRIAL
IS CONTRAD|CTED
Police Judge Appears to
Deny He Ordered War
rants Reduced.
REVEALS MOFFAT VISIT
TO "RECALL" INCIDENT
Jurist Told Accused Magistrate
He Would Not Remember
What Didn't Happen.
BY Stan Correspondent of The Star.

UPPER MARLBORO. Md. July 81.
introduced by the State as a sur
prise witness after the defense had
rested, Hyattsville Police Court Judge
George B. Merrick denied today he
had ever ordered Magistrate Herbert j.
Moffat to reduce warrants in speeding
cases.
This unexpected testimony came as
It seemed likely the case of the al
legged bonding racket for defrauding
Washington motorists would go to the
jury late today. Moffat and six other
men are on trial.
Judge Merrick, who said he had
known Moffat for As years, was ques-
toned by Special Prosecutor Ogle
Marbury concerning the case of Ray
mond Iannucci, 1900 block Of Monroe
street.
Witness Tells of S10l70 Payment.
Iannucci told the jury last week he
was arrested in July. 1886, by two Of
the policemen defendants on charge
of speeding at more than so miles an
hour He said he was taken to jail
and later went before Magistrate
Moffa..
The prosecution witness testified
his bond was set at $1,000. He said
he telephoned for his father, who
brought $50 to Hyattsville and paid
1t to Elmer Pumphrey, Suitland, Nd
professional bondsman, another de-
fendant.
~ IN lot hrN
$1ol70 and gave it to Pumphrey for
his fine and costs. The witness said
he never came to trial.
William c. Frazer, Baltimore at
torney. another witness, last week
testified the justice of the peace
docket contained no record of Ian
nuccis arrest, but that page had
been torn from the book at about
that date. The police blotter showed
Iannucci had been arrested on a
charge of investigation and the Police
Court docket revealed Iannucci had
forfeited S11.70 on charge of speed
ing in excess of As miles an hour.
Judge Denies Statement.
Marbury recalled testimony by
Moffat to the effect that J. Wilson
Ryon, deceased Hyattsville attorney.
had told him (Moffat) Judge Merrick
had ordered reduction in the Iannucci
case.
Asked by Marbury if this was true,
Judge Merrick replied:
Not Mr.. Ryon or any other at
torney has been ordered by me to go
tn
warrant changed"
Judge Merrick testified Moffat came
to him after the alleged racket"
investigation started and asked him
If he did not remember a policeman
being in their office one day and dis
cussing the Iannucci case.
Il told Judge Moffat I never re-
membered anything about it." Judge
Merrick testified.
His remark to me-" Judge Mer-
rick continued, was, Well, you bet
ter remember it.
He Replies to That.
II said, I don't know whether I
better had or not. I don't remember
1t, and if it never occurred I'm not
going to say so, and I'm positive it
did not occur"
Before Merrick took the stand, tes-
timony was given by Former Hyatts-
vile Policemen Albert Anderson,
Claude Reese, Arthur Brown, and
Frank Bell. former desk clerk at the
Hyattsville police station, all of whom
are on trial
The other defendant is Warren
Peake. also a former policeman.
The four officers who testified this
morning denied they had done any,
thing irregular in performance of du-
ties or that they had ever accepted
compensation after disposition of
cases with which they we're connected.
Yesterday the court heard the un-
expected testimony that it was not un-
usual for drunken drivers to be re-
leased at the Hyattsville police station
IF the proper persons were inter-
ested."
This testimony was offered by Peake
during cross by Special
Prosecutor Ogle Marbury.
Charges Modified.
Under questioning by Marbury,
Peake said it was common practice"
to reduce or modify charges against
District employees arrested in Mary
land and that it was common prac-
tice to release drunken drivers If the
proper persons were interested in
them"
Questioned further, Peake said he
was referring to persons with political
influence as the proper persons"
Peake denied, however. that he had
been guilty of any wrong going during
his pursuit of duty.
Moffat, who was on the stand dur
Ing the greater part of yesterdays
session, offered mildly sensational tes-
timony when he revealed that, due
to the press of business, entries in his
books frequently were made by per-
sons other than himself.
The magistrate said he always had
been under the impression during his
30 years In office that he was acting
within his right when he modified or
reduced warrants. He said he had
sought the opinion of several Of the
States attorney generals and they had
suhstantiated his belief
Another witness yesterday was Elmer
Humphrey, who testified concerning
his connection with several cases.
Pumphrey denied that he had ever
taken any particular interest in any
case beyond making sure that persons
bonded by him appeared in court.