Evening star., 1942-07-06
Reported Tire Sale
To Defunct Firm
Sifted in Court
HundIey Said to Hove
Billed Company Thot Had
Gone Out Of Business

Gone Out Of Business
Pushing ahead with the District
Court trial of Hiram Ben Hundley,
who Is accused of falsifying records
and selling tires in violation of Fed
eral rationing regulations, the Gov
eminent today investigated a re-
puted sale of 288 new tires to the
Walton Tire Co. of Philadelphia,
which 1t is charged was reported In
Hundley's books to cover unlawful
sales to others.
Under the law, tire companies sci,
to each other without restriction,
but. the Walton company went out
OF business in December and the
Hundley sale which was reported in
February did not take place, accord
Ing to the prosecution.
According to the defense, these
particular tires were sold to a man
identified as Frank Ehlenfeldt OF
Philadelphia, operator Of tire stores
and filling stations, who said that
Walton was "one Of his connections"
when making the purchases.
Assistant Manager Testifies.
Clyde Hill, assistant manager for
Mr.. Hundley at his establishment at
3446 Fourteenth street NV. said Mr..
Hundley made the sale and that he
was told to make up an invoice. Mr..
Ehlenfeldt turned over the cash Tor
the tires to him in the amount OF
$3,993.17. He said that Mr.. Ehlen-
feldt told him to bill the tires to the
Walton Tire Co., at 639 Broad street,
Philadelphia. According to the wit
ness. Mr.. Hundley asked him why
this designation and it was then Mr..
Hill said that the purchaser stated
that 1T was one OF his connections
In Philadelphia"
Mr.. Hill said that Mr.. Ehlenfeldt
promised after paying for the tires
to send in an order for them.
At one point when Assistant United
States Attorney John L. Laskey
sought to question the witness as to
the grand jury testimony he had
given in this connection, he was
halted by an objection OF Defense
Counsel Henry l. Quinn, which was
sustained by Justice T. Alan Colds
borough.
In a similar situation early in the
trial where the prosecutor mas
sought to compare grand jury testl-
mony with that being given from
the witness stand. Justice Goldsbor-
oueh has said that the grand jury
proceedings could be used solely to
refresh a witnesses memory.
Waiver Signing Claimed.
Objecting to this limitation, Mr..
I,askey said that Mr.. Hill had
signed a waiver" (of immunity
when he testified before the grand
jury and that his line of questioning
was proper. At the use OF the word
waiver" Mr.. Quinn told the court
that "in an abundance OF caution
he was offering motion to have
mistrial declared and the jury dis
charged.
This is a little incident that Is
being magnified and the court over
rules your objection" Justice Colds
borough said between a colloquy
between attorney and the bench.
The Justice said. however, that In
his opinion grand jury testimony
should never be admitted into trial
and that In limiting its use he be-
lieyed he was following rule laid
down by the Supreme Court several
years ago.
Mrs. Hundley took the stand today
and testified to trip to Phladel-
mia In January when her husband
negotiated for the purchase OF some
tires from Mr.. Ehlenfeldt. Later
sh. said Mr.. Ehlenfeldt came to
washington and called at their
home with a Mr.. Polleti.' Mr.
Quinn asked her If she knew who
Mr.. Polleti was and she said she
did not at that time but found out
later. He cautioned her against
identifying him before the jury. 1t
ia on this visit that the defense
contends that Mr.. EhlenfelAe nego-
tiated for the tires.
Walter wagner, inspector OF used
tires for Hundley, another witness
today, told Of the Philadelphia trip
when purchase Of about l,10O tires
from Mr.. Ehlenfeldt was negotiated
and also of the shipment OF these So
called Walton tires. The substance
of the defense contention is that be-
cause of the earlier transaction with
Mr.. Ehlenfeldt, Mr.. Hundley had nc
reason to question his appearance
here two weeks later to purchase
tires. Mr.. Wagner said the tires
were taken away in Pennsylvania
truck.