Evening star., 1942-07-03
Witness for HundIey
Testifies Auto Tires
He Bought Were Used
White House Policeman
Sweors He Found
One Pebble in Treod

A defense witness in the trial OF
Hiram Ben Hundley, Washington
tire dealer, testified in District
Court today that there was mo
doubt" in his mind that tires he
bought from the Hundley Arm were
used although they reputedly
came from stock which the Gov
ernment contends was new and was
sold in violation of Federal ration
ing regulations.
The witness was Capt. Herbert L.
Marcy of the White House police,
who said he bought four tires from
Mr.. Hundley in January and that
he picked a pebble out OF one OF
them. This sale does not figure In
the Government charge, which is
based on transactions with three
business concerns, The Evening Star
Newspaper Co. and the Diamond
and Premier cab purchasing agen-
cies. The defense, however, says
all the tires were In the same lot
and were "changeovers" in
by car owners for other types.
Under questioning by Henry I.
Quinn of defense counsel, Capt.
Marcy said that Eugene T. Brady,
a former assistant executive secre-
tary of the District Rationing
Board, was responsible for his get
ting tires which the defense con-
tends were approved for sale by j.
M. Cawood, a District inspector de-
tailed to the Hundley establishment
at the request of Mr.. Brady to de-
termine what tires there could be
listed as used" under rationing reg
ulations.
Marking Identification Pressed.
Capt. Marcy said he had called
up Mr.. Brady and told him that he
wanted a few tires. Mr.. Brady, he
said, responded that he might be
able to do something for him
might get me some changeovers. :"
Later, he said. he went to the
Hundley establishment at 3446
Fourteenth street NV. with Mr..
Brady and that Mr.. Hundley and
Mr.. Cawood were there also.
They brought the tires down.
stairs and told me I could get them,'
he said, adding that he bought four.
The defense is contending that
tires marked for sale had an 20. K.
J. M. c." on them and Mr.. Quinn
pressed the witness closely in an at
tempt to have him say whether they
bore this mark. But the witness
responded that he did not know,
although there was chalk mark
on the tires
When Mr.. Quinn was insistent,
Justice T. Alan Goldsborough inter-
rupted to say that the questioning
was very improper" Defense coun-
sci, however, eventually showed
Capt. Marcy tire with the mark
ing on it and the witness said the
marks on his tires were like that"
Swears to Pebble in Tread.
Under cross examination by As
sistant District Attorney John L.
Laskey, Capt. Marcy said he ex-
amined the tires and that they
SiloWcu SlRlS Oh wear.
Did they have pebbles in the
treads?" Mr.. Laskey asked.
To tell you the truth, picked q
pebble out of one of the treads," the
witness responded.
so there was no doubt in your
mind that they were used?"
No"
In rather unusual episode one
Of the jurors, Edward Post, jr., OF
1541 Brentwood road NE, asked
permission to direct a question al
the witness and, when 1t was grant
ed, asked Capt. Marcy if any of the
tires he bought had a manufactur-
er's label pasted across the treads.
Again the answer was NO"
Tires in Courtroom.
The prosecution has large stock
of tires in the courtroom on which
labels have been defaced, and which
reputedly were seized from pur-
chasers in connection with the
Hundley case. The defense insists
however, that these tires did not
come out of Hundley's stock.
Supplementing testimony by three
associates yesterday, other Hundley
employees testified today concerning
the marking of tires by Mr.. Cawood
and by James E. Clement, another
District inspector
The Government contends there
is no legal authority for the pur-
ported inspection. The defense 1.
alleging that the tires sold were not
new, but "changeovers" traded in
by car owners.