Evening star., 1937-07-16
STATE TO PRESENT
6 NEW WITNESSES
At BONDING TRIAL
Man Says He Posted $178
in Case Finally Settled
by $11.70 Forfeiture.
TESTIFIES HE Received
$50 BACK FROM MOFFAT
Salesman Asserts He Was Ar.
rested Sleeping at Roadside, Ac.
cused as Drunk Driver.
ey 2 Stat Correspondent Of The Star.

6S SteE correspondent OF The Star.
UPPER MARLBORO, Md, July 49,
With only about half of its case com.
pleted, the State today was prepared to
pat at least six additional Washington
motorists on the stand in an effort to
prove they were victimized in bond
ing racket by nine men on trial here
charged with conspiracy to obstruct
justice
AS the fifth day of the trial opened
the prosecution had offered testimony
OF seven cases in which Washington
motorists were arrested by one or the
other OF the defendants on traffic
charges and made to post high bonds.
The State has sought to prove that
records of the cases were altered In
some instances and the money COL
lected was not properly accounted for.
Those on trial are former Magis-
trate Herbert J. Moffat, elderly resi-
dent Of Hyattsville; Elmer Pumphrey,
Suitland bondsman. and former Prince
Georges County Policemen Albert An
derson, Howard Slater, Arthur Brown,
Maurice Hampton, Warren Peake,
Claude A. Reese and Frank Bell a
former desk clerk at the Hyattsville
police station.
Salesman on Stand.
Testimony offered so far has shown
the motorists usually were arrested as
they returned to Washington in the
early-morning hours on the Baltimore
Boulevard. All Of the witnesses ex-
cept one have been colored men in the
lower salary brackets.
The only white man to testify Of
being arrested was John F. Phelan, a
salesman. of 1903 Connecticut avenue,
who took the stand yesterday after
noon. Phelan said he was arrested in
May Of 1886 by Policemen Peake and
Brown on a charge Of driving while
drunk and another charge he could
| not recall.
Phelan told the court that he had
been returning to Washington in the
early morning hours with his uncle
and young lady friend when he be-
came sleepy, because Of a recent opera
ton, and pulled over to the side OF
the road and parked his car.
Required to Post S17S.
Phelan said the officers woke him,
arrested him and took him before
Magistrate Moffat. The salesman said
he was required to obtain sits in cash
from friends in Washington, which he
! gave to Moffat for his release.
The witness testified he later saw
Peake and gave him $40 in an effort to
have the major charge dropped. Phe-
Ian testified Mof1at later gave him
back about $50.
William C. Fraser, Baltimore audi
tor who went over the books OF the
enforcement officers, said Mof1at's
docket listed Phelan as having been
charged with reckless driving and driv-
| ing while drunk The police blotter.
Fraser said, showed Phelan had been
charged with driving while drunk and
failure to keep to the right Of the
white line.
The Police Court docket, Fraser
testified, showed the case had been
disposed of on forfeiture of $ll.70
collateral on a charge of reckless driv-
ing.
] Phelan Denies Testimony.
Defense Attorney Frank Hall told
the jury the defense was willing to ad-
NIT that Phelan put up SITS, but that
he had pleaded with Moffat to do
something about the more serious
charge because he was about to be
married and was desperately In need Of
money. Phelan denied that he had
said this.
Earlier, Charles Hamilton, colored,
told the jury that an attempt was
made to bribe him not to come to
court by . colored man who also
threatened him with trouble If he
did.
This evidence, however, was stricken
from the record, on motion Of the
defense.
Ogle Marbury, who q assisting
States Attorney Alan Bowie in the
prosecution, told the court he expected
later to attempt to connect the testi-
mony with one Of the defendants.
The judges said the testimony would
be ruled out until the State could
link it with one of the men on trial.
Couldn't Remember Name.
Hamilton told the jury he could not
remember the name Of the man alleged
to have threatened him, but believed
is was "Brice or Braxton."
Last month Washington police. ar
rested Harry McH. Braxton of Lake
land. Md. on a charge Of attempting
to bribe Hamilton. Braxton was held
for the grand jury. Police were
planted" in Hamilton's apartment
on q tip-on from the Keystone
Automobile Club, which started the
investigation that led to the indict-
ment of the nine men last December
Hamilton testified he was arrested
in College Park during June Of 1896
by Policeman Peake on a charge of
speeding at more than 60 miles an
hour. The colored man testified he
was taken before Modat, who set his
bond at $1,000.
Hamilton told the jury he tele-
phoned to Washington and his
landlady came to Hyattsville with
$50. The witness said he understood
the woman gave the money to one Of
the defendants.
| Hamilton said he later returned to
Hyattsville and gave Peake $26.70.
Fraser testified Moffat's docket
showed that Hamilton had been ar
rested on . charge Of exceeding go
miles an hour, but there was no
entry on the police blotter or In the
Police Court docket.