1967-01-24-sr-p7-tolstoy-farm-leader-held-innocent

January 24, 1967 Spokesman-Review Page 7:

Tolstoy Farm Leader Held Innocent

Marijuana possession charges against Huw Williams, 24, founder of Tolstoy Farm near Davenport, were dismissed Monday in Spokane Superior Court by Judge Willard J. Roe. But after ruling on the prosecution’s motion for dismissal, Roe found Williams in comtempt of court and sentenced him to serve one day in the Spokane County Jail.

After a break for lunch after entering some 23 pieces of evidence and hearing testimony from Lincoln County Sheriff William Atwood, three of the five farm residents on trial changed pleas to guilty.

Thomas Hall, 23, and his wife, Catherine, 19, were warned by Judge Roe that conviction could result in a prison sentence up to 40 years in a case involving minors, He deferred sentencing, however, until today.

A few moments later, apparently without consulting his attorney, a fourth defendant, Richard Keiguin, 35, told Judge Roe he also wanted to change his plea. Roe again deferred sentencing.

Two More Heard

Final defense arguments and two more witnesses will be heard today in the trial of the last of the five, Walter Englebrecht, 43. Englebrecht testified Friday he had arrived at the farm a week before the arrests were made and had spent three days in the hospital just before the arrests.

A witness for the prosecution, Carol McCaffrey, who said she was a “volunteer” enlisted by Sheriff Atwood to go to the farm to gather evidence and the granddaughter of a former Lincoln County sheriff, testified Englebrecht offered her a hand-rolled cigarette supposedly containing marijuana.

Knew Nothing About It

Engelbrecht testified he knew nothing of the marijuana at the farm and after his arrival residents were wary of him because he had a two-way radio in his car.

Following the girl’s testimony and that of prosecution witness John Tourtellot, 19, also charged with possession of narcotics, Lincoln County prosecutor Willard Zellmer moved to have charges dismissed against Huw Williams. Both witnesses had testified that in a meeting several days before the arrests, Williams had opposed use of marijuana and told users to burn their supply.

Before ruling on the prosecution motion, however, Judge Roe asked Williams if he wanted the charges dismissed or preferred to be found not guilty. Williams agreed to the dismissal and the judge did so.

Refused to Stand

Then Judge Roe ordered the bailiff to call the sheriff and told Williams he was going to find him in contempt of court for refusing throughout the trial and hearings to stand up when the judge entered and left the courtroom.

Explaining his actions, Williams said he had no wish to “affront you as a person, but my understanding is that this is a custom to show respect for I persons in authority. I consider all persons of equal status in the eyes of God. No man should be in a position to judge any other man.”

Roe said he was not personally offended by Williams’ actions, but it was a question of maintaining the dignity of the courtroom. Roe said the order to stand when a judge enters is given by the bailiff of the court and should be obeyed.

“Should I permit you to pave the way for others to refuse to obey the lawful order of the bailiff, it would result in chaos," Roe said.

Williams was taken into custody and escorted to the Spokane County Jail.