Evening star., 1942-07-09
Closing Arguments
On in HundIey Trial.;
z Counts Dismissed
Tire Case Expected
To Go to Jury Later
This Afternoon

Declaring there was mo evidence"
to support the charges, Justice T.
Alan Goldsborough today directed a
verdict of acquittal on two of the
IL counts in the indictment against
Hiram Ben Hundley, Washington
tire dealer, who is on trial in Dis
trict Court accused of falsifying
records and selling tires in viola
ton of Federal rationing regula-
tions.
On one count Mr. Hundley was
charged with falsifying report to
the OPA covering the size of his
stock on December IL when the
Government froze tires.
On the other, it was alleged that
he falsely showed a sale on his books
of 288 new tires to the defunct Wal
ton Tire Co. of Philadelphia to
cover up sales made unlawfully.
Under the law tire sales between
dealers are legal
The jury voted not guilty on the
two counts without leaving the box
and as they resumed their seats
closing arguments were begun.
Instructions Drafted.
Among the instructions to the
jury was one drafted by Justice
Goldsborough as a defense instruc-
ton in which the jury was told
that unless they believed beyond
a reasonable doubt that the de-
fendant marked or had some one
else mark some part of the tires
involved in this indictment OK.
JMC,' then their verdict must be for
the defendant on all counts"
Assistant United States Attorney
John L. Laskey vigorously opposed
this instruction, pointing out that
the law makes no provision for such
an inspection.
Closing arguments for the Gov
ernment were begun by David
Trusty, member of the legal staff
of the OPA, who is serving as spe-
cial assistant to the district attor-
ney in the case. Mr.. Trusty told the
jury that rationing was made neces-
sary as war conservation measure.
'Hundley knew those tires were
new" he said. He could look as
far as from one end of this court
room to the other to tell how far
tires had been run" A large guam
tity of tires seized by the Govern
ment in connection with the case
have been on display in the court
room for several days.
Defense Argument Begun.
Mr.. Laskey took up the argument
when Mr.. Trusty had concluded and
was followed by Henry I. Quinn of
defense counsel.
Mr.. Quinn pointed out that the
sales involved were not made until
February after Mr.. Hundley had
held on to the tires for two months.
He stressed that it was "a Govern
ment man"-Mr. Brady-who had
suggested the inspection of the
Hundley stock to determine what
tires could be sold. 1t was brought
out earlier in the trial that Mr..
Brady was seeking tires for friends.
The case was expected to go to
the jury late today.
AS the testimony Of long pro-
cession of witnesses was concluded
yesterday afternoon, Defense Coun-
sci Quinn moved for a direct
ed verdict of acquittal, but after
argument-with the jury excluded
Justice Goldsborough denied the
motion as to all but the count charg-
ing Mr.. Hundley with falsely show
ing a sale to the Walton firm
Claims Changeovers Sold.
The defense contention is that all
the tires sold were 'changeovers"-
traded in by car owners-and marked
salable after an inspection by James
M. Cawood and James E. Clement,
District motor vehicle inspectors,
who visited the Hundley establish
ment, 3446 Fourteenth street NV,
at the instance of Eugene T. Brady
former assistant executive secretary
OF the District Rationing Board.
In the course of arguments over
instructions to be given to the jury,
Justice Goldsborough declared that
ANY tires that Cawood marked and
Clement marked are not at issue in
this case and indicated that the
jury would be SO advised. 1t would
be a "monstrous thing" the court
said, to hold the defendant GRIMM
ally liable for disposing of tires that
reputedly had been marked by an
ssoese&osnaaeo.sssse,oc OBSERVATION-DISCLOSURES.