121 Wash. 413 | Wash. | 1922
The question in this case is whether hail money should he returned to the assignee of the person
On the 11th day of July, 1921, one Roy Bailey, informed against as Roy Tidball, while passing through the city of Bellingham with a number of cases of whiskey in the automobile which he was driving, was. arrested. In making the arrest, the car which Bailey was driving collided with a car owned by the county and which was driven by a deputy sheriff. On the day following the arrest, Bailey was charged, by information in one case, with the crime of bootlegging, and in another case was charged with the crime of resisting an officer. After his arrest, he communicated, through an attorney whom he had employed, with W. H. Tidball at Seattle, desiring the latter to furnish a bond or bail money. Responding- to this request, Tidball caused $1,500 to be sent to the clerk of the court of "Whatcom county through the Western Union Telegraph Company, and about the same time wrote a letter to the clerk. In the letter he requested that the receipt for the money be issued in his name and that it be turned over to Bailey in order that the latter might bring it to him at Seattle.
On July 13, Bailey appeared in court, represented by an attorney, and pleaded not guilty to each of the charges. The bond in the .bootlegging charge was then fixed at $1,250 cash, and in the resisting officer charge at $250. On the day following, the defendant again appeared-in court with his attorney, the prosecuting officer being present, and pleaded guilty to the charge of illegally transporting intoxicating liquor. After this was done, the bond in the bootlegging charge was reduced to $750, and it was agreed between all the
The first question to be determined is whether the money deposited was that of Bailey or Tidball. Of course, if it was Bailey’s money, he had a right to dispose of it as he saw fit. If it was Tidball’s money, it could only be disposed of by legal forfeiture or by his acquiescence in the disposition of it. Upon the question as to the ownership of the money, the evidence of Bailey and Tidball is directly in conflict. Upon the hearing, the testimony took a somewhat wide range, but there are a few circumstances which seem to point unerringly with reference to the ownership of the money.
After the bail had been forfeited, Tidball, at his own expense of something like a hundred dollars, caused a bench warrant to issue and to be placed in the hands of the sheriff of King county, who subsequently apprehended Bailey and returned him to the sheriff of What-
The attorney for Bailey testified that, before the
This brings us to the question as to whether there was such an acquiescence. The attorney testified that he communicated with Tidball by telephone before the arrangement was made to turn over the $545 and the $205, and that the latter said that whatever Bailey did was all right, and he suggested to the attorney not to lead Bailey into any controversies with the authorities over the automobile. Bailey’s testimony supports that of the attorney. Aside from this, it appears by reasonable inference from the testimony of Tidball that he did acquiesce in or authorize the payment of the money to the sheriff and the attorney. He says that, when he first consulted an attorney with reference to getting
It is clear enough, after considering all the testimony, that Tidball did acquiesce in and authorize the disposition made of the $545 and the $205, and that having done so, he is not now in a position to complain as to these items.
The judgment will be reversed, and the cause remanded with the direction to enter an order setting aside the forfeiture of the $750 to the county and directing its return to Tidball.
Hovey, Holcomb, Tolman, and Mackintosh, JJ., concur.