CIRCUMSTANCES OF ARREST
SELL NAR 2 CTS — SAN FRANCISCO — #54741 & 54744

FACTS:
PROBATION OFFICER’S REPORT: “At the request of the San Francisco Police Narcotic Detail, the defendant was arrested at his home by the Santa Clara Sheriff’s Office on a warrant charging him with violating Section 11500 of the Health & Safety Code. He was taken into custody on April 4th, 1958… “An undercover Agent testified that on January 27th, 1958. he gave the defendant $40.00 in the apartment of co-defendant, Douglas Ferguson, or the purpose of obtaining marijuana. The offender was to leave for Los Angeles… in order to obtain the quantity of marijuana. “On February 28th, 1958, this same Officer in company with a fellow Agent in plainclothes went to Room 103 of the Elwoods Hotel expecting to find one Gordon Clayton. Instead, they were greeted by this defendant. In exchange for a ride to the Southern Pacific Depot, the offender gave the Officers three marijuana cigarettes…”

ADDITIONAL INFORMATION:

INMATE’S VERSION:

PERSONAL HISTORY RECORD: (Taken from a lengthy excerpt on file) “Minutes before 10 P.M. Easter tuesday, April 8, 1958, I was arrested at my Los Gatos home by a Santa Clara County deputy Sheriff & charged with accepting, on Jan. 27th, ’58, $40 From a San Francisco policeman, Anatole Balmy for purchase of some marijuana. Nine days later, in Judge Chas. Peery’s municipal court, I was released outright & my Public Defender. Robt. Nicco said: “Go home & forget about it.” Next morning, however when leaving home for work, 2 state narcotics agents rearrested me on the same charge, plus a second; supplying Mr. Balmy & another officer, Wettstein, with 3 marijuana cigarettes (12 grains) in exchange for a ride… a mile or so — to the So. Pacific R.R. depot, where I’d worked the last 10 years as train conductor. This latter felony occured at 10:30 A.M. Feb. 28, 1958 & I plead guilty to such a “sale” before Judge Walter Carpenetti in superior court…”

“Compared to the prime truth I can’t help but constantly dwell on, namely, its all my fault. Yes my fault, mine alone & and main manifestation of same, considered apart from many other more pertinent reasons for degenerate causes producing distorted effects such as incorrect motive & weak will coupled onto too much time on my hands between trains daily, rested in foolhardily frequenting “Bad” company to indulge my even more foolish marijuana habit & in so doing I gradually drifted into some buying & selling of that evil weed yet I must remark, unmitigating though it be, this stupid vile traffic was merely meant to keep my own self supplied & was most certainly not intended to make money, as the judge said he believed was the case. Well, there you have it an honest confession of smoking & engaging in its necessary accompanement of trade & barter — as witness my 3 cigarette gift to the police…”

 CASSIDY A-47667 RGO-CMF 9-16-58 cm 2