Johnson v. United States, 6864.

• Decision Date: 05 December 1932
• Docket Number: No. 6864.,6864.
• Citation: 62 F.2d 32
• Parties: JOHNSON et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Ninth Circuit

62 F.2d 32 (1932)

JOHNSON et al. v. UNITED STATES.

No. 6864.

Circuit Court of Appeals, Ninth Circuit.

December 5, 1932.

Henry Clay Agnew, of Seattle, Wash., for appellants.

Anthony Savage, U. S. Atty., of Seattle, Wash., and Joseph A. Mallery, Asst. U. S. Atty., of Tacoma, Wash., and Cameron Sherwood, Asst. U. S. Atty., of Seattle, Wash., for the United States.

Before WILBUR and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

Appellants were convicted by a jury of conspiring with several others to violate the federal prohibition laws, as charged in count 1 of the indictment, and of violating the internal revenue laws and the federal penal code, as charged in counts 2, 3, and 4. The other defendants pleaded guilty. Appellants duly challenged the sufficiency of the evidence by a motion for a directed verdict.

Appellants were at one time connected with the federal prohibition department in Seattle. In November, 1930, they conspired with their codefendants, Gordon, Jauranas, Salo, and Menkes, to erect a still for the manufacture of intoxicating liquor. Appellants represented themselves as able to furnish protection for the enterprise.

On the trial appellants admitted that they were parties to this conspiracy, but contended that their motive in joining the conspiracy was to obtain information which they intended to turn over to the prohibition department and claim a reward; but the government asserted a guilty motive, and the jury so found.

A site referred to as the Donkers ranch, in King county, Wash., was selected as the location of the proposed still, and the necessary equipment was purchased. December 11, 1930, prohibition agents observed members of the conspiracy conveying the still equipment to the proposed site on the Donkers ranch. The conspirators also observed the agents, and abandoned their journey and returned to Seattle. No attempt was thereafter made to erect the still on the Donkers ranch and that proposed location was abandoned.

Appellants' fellow conspirators then became suspicious of appellants and thereafter gradually eliminated them from further activities relating to the selection of a new still site and the erection of a still thereon. Within a month, Salo, one of the conspirators, dropped out and left the state, and one Schloss and one Sadick were then taken into the conspiracy. The new site was located in Pierce county, Wash., and known as the Benston ranch, where the still was erected in March, 1931, and where defendants, not including appellants, were arrested in July, 1931. The manner in which the other defendants got rid of appellants, or attempted to do so, is described as follows by defendant Gordon:

"We decided that the Donkers place was too hot, and we immediately moved the equipment from that place and stored it in Seattle for a time. We continued to look for locations in Kitsap and Skagit Counties, Johnson and Stickels assisting us. I didn't like the way things were going, but we did not dare to throw Johnson and Stickels overboard for fear they would hinder our intended operations. I continued to give them $10 and $20 at different times to satisfy them. They were continually making demands upon us for money, although our agreement was that they should not receive any money until we had set up our still and got under way. Johnson and Stickels attended numerous meetings at Schloss' and Stickels' apartments in Seattle, at which plans for the future were discussed. These meetings were held early in January, 1931. All during this time we had been looking for locations, but gradually we drew away from Johnson and Stickels with the intent to ultimately get rid of them because we did not trust them. Stickels told us later that he had made arrangements for protection in Pierce County. * * *

"About this time we had a meeting at Schloss' apartment. Jauranas, Schloss, Menkes and myself were present. Menkes and I had found what we considered to be an ideal location in Pierce County. Schloss then said that he had necessary connections for protection, that he knew some parties who were in a position to give us complete protection in Pierce County and that if we would let them know where the place was they could make arrangements to rent the place. I asked Schloss who these men were. Because of our experience with Johnson and Stickels I wanted to be sure this time. He told us that Bill Sadick had a connection with some `big shot' who could give us absolute protection. That Sadick was related to him by marriage and could be trusted.

"Johnson and Stickels had dropped out shortly before the boiler was taken to Tacoma although they had attended some of the meetings at the Schloss and Stickels apartments after we had decided to go to Pierce County. They did not know the location of that still, however. We kept that information from them because we thought they were dangerous."

And in this connection defendant Jauranas testified: "After the officers had followed the boiler on December 11th, we continued to look for locations for a new set up. We kept Johnson and Stickels in ignorance of our moves because we had begun to distrust them. We finally told Johnson and Stickels and Murray that we had given up the idea of...