Evening star., 1937-07-20
MOFFAT TEST|F|ES
IN BONDING TRIAL
Ex.Hyattsvi||e Magistrate
Tells of Modifying Traffic
Case Warrants.
B, 4 Stan Correspondent Of The Star.

D. StaH correspondent OF me star.
UPPER MARLBORO. Md. July 20.
Herbert j. Moffat, IS. former Hy-
atsville magistrate. was placed on
the witness stand today by the de-
fense as trial was resumed in Prince
Georges County's alleged bonding
racket"
Moffat, aray-haired and slight, is
one Of seven men on trial for alleged
conspiracy In connection with charges
Of defrauding Washington motor
lists
Under questioning by Defense At
tcrney Frank Hall, Moffat explained
in detail how he had modified war
rants in various speeding and other
traffic cases
One case about which Moffat was
questioned was that OF Lansing Cowl,
a District taxicab driver, and Charles
A Frost. Covl was arrested and
charged with reckless driving and
exceeding so miles an hour, and
Frost, a passenger, with allowing him
to exceed so.
Moffat testified the warrants were
changed after he had been informed
by the late Wilson Ryon. former Prince
Georges County criminal attorney.
that the Police Court had requested it.
Posted SI51 Collateral.
Another case reviewed by Moffat
was that OF Woodrow Brice, who
posted sl5l.70 collateral on = charge
OF exceeding so miles an hour. Moffat
said he modified the warrant after
discussing the case with John White,
attorney for Brice. who pointed out
that his client had been arrested at
the same time as another man, who
was shown leniency because he was
on an errand of mercy. 1t had been
assumed the two drivers were racing
when arrested. As result of the
contention that Brice should be given
the same consideration as the other
driver. Moffat testified the speed in
the warrant was changed to exceeding
IS and $40 returned to Brice
MofIat also was questioned about the
case Of Walter Matthews, who, it was
testified, was freed when it appeared
he would have been unable to pay q
fine and 4 Jail sentence would have
caused him to lose his job and put his
family on relief. Mof1at told the court
he refused to press reckless and drunk
en- driving charges against Matthew,
because he didn't believe the people
Of Prince Georges County would wan,
magistrate who didn't use any bet.
ter judgment than that"
Just before court recessed for lunch
Moffat was cross-examined by tn.
prosecution about the arrest Of q
| Northern 1rvy. who was listed on tn,
magistrates record, but for whose cast
the prosecution contended, no dispo.
sition could be found in court record
Moffat testified he had submitted hi
| recommendation in the case to The
court and that he knew nothing fur.
ther about it.
The Usual Practice.
Moffat testified it had been the
| practice for years to modify warrants
| when the circumstances seemed tr
justify IT in his own opinion, He sale
he had sought a further opinion =.
to his rights in this connection from
former Attorney General Robinson
seven or eight years ago. Asked tc
produce \ letter which he said con.
tanned Robinson's reply. Mofiat told
the court the letter had been turned
over to Judge Chew Sheriff when thu
latter took ONCE.
| Mof1at did produce another letter
pertaining to the same matter. which
he received in November 1885, from
Attorney General Herbert O'Conor
The contents were not revealed anc
II WAS not admitted in evidence after
| Trial Justice William Loker held that
the advice contained in the letter had
been sought after the charges against
Moffat developed.
| Before Moffat took the stand, ths
court heard testimony from Walter
Newrath, attorney for the Keyston.
Automobile Club, who denied rumorl
that the motor club had sought wit.
nesses under special inducements.