United States v. One Ford Coupe Automobile

• Decision Date: 23 July 1927
• Docket Number: No. 1311.,1311.
• Parties: UNITED STATES v. ONE FORD COUP? AUTOMOBILE et al.
• Court: U.S. District Court — District of Idaho

21 F.2d 639 (1927)

UNITED STATES v. ONE FORD COUP? AUTOMOBILE et al.

No. 1311.

District Court, D. Idaho, S. D.

July 23, 1927.

H. E. Ray, U. S. Dist. Atty., and Sam S. Griffin, Asst. U. S. Dist. Atty., both of Boise, Idaho.

Delana & Delana, of Boise, Idaho, for defendants.

CAVANAH, District Judge.

On January 22, 1927, the government filed a libel against one Ford coup? automobile, in which it is charged that on January 13, 1927, William Stoner and Elmer Stoner removed by means of and deposited and concealed within said Ford automobile six gallons of moonshine whisky, contained in one five-gallon keg and one gallon jug, which were subject to the payment of a tax to the United States under the Internal Revenue Law, said tax having been due and unpaid to the United States, and the removal, deposit, and concealment of said whisky, and the use of said automobile for that purpose were with the intent to defraud the United States of said tax, and that by reason thereof said automobile and whisky were seized and taken possession of by a federal agent. The government urges that, because of these facts set forth in the libel, the automobile is subject to forfeiture to the United States as provided in section 3450, Revised Statutes (26 USCA ?? 1181, 1182 Comp. St. ? 6352).

On February 19, 1927, Mrs. Grace Gaylor Rose, pursuant to permission granted, filed an answer to the libel, in which she alleged that she was the owner of the automobile and did not at any time give either of the Stoners permission or right to use it for any purpose, and that, if the automobile was used by them as charged in the libel, it was without her knowledge and without her permission or consent and against her will, and was as to her a trespass. Upon this issue of fact, which it seems to me to be the controlling question in the case, considerable evidence was taken, which disclosed that, about 12:30 a. m., January 13, 1927, in Boise, while the automobile was parked on the street in front of the residence of Mrs. Rose, where she had left it a short time before, it was seized by a federal prohibition agent and a police officer of the city, who found Elmer Stoner in the car with a gallon jug of liquor on the seat beside him, and a pint of liquor in his pocket. William Stoner at the time was at the side of the car, with a five-gallon keg of liquor sitting on the running board. This was all of the liquor found deposited or concealed in the car. At the time Elmer Stoner was first seen by the officers he was attempting to fit some keys in and unlock the switch of the car, which keys were discovered to be those to his own car and would not unlock this one. One of the officers then asked Mrs. Rose for the keys to the car, and she went into her house and brought them to him. The car was then unlocked by the officer and taken to the police station, where Elmer Stoner stated that he thought he was depositing the liquor in his own car. It appears that the Stoners were somewhat intoxicated at the time from the use of liquor that had been brought to the place by other parties, and stated that the liquor found in the car had been taken by them from the premises, and belonged, they...