The Hazel Green herald. [volume] (Hazel Green, Wolfe County, Ky.) 1885-19??, 1895-01-24

ing" sections of the state to manu-
facture cases SO that many wit
nesses can be summoned before the
federal court and draw fees which
often range between 500 and $50.
In fact, it costs the government
about $3.50 for every trial of a case
for violating the internal revenue
laws, but there is no way of avoid
ing this unless at the risk of much
greater lawlessness.
District Attorney Smith had an
interesting manufactured" case to
deal with at the recent session Of
the federal court at Frankfort.
Elizabeth Sewell, of Boil county.
was the defendant. She had a child
about three months old that APP
peared to be in almost a dying con-
dition. 1t developed that J. NJ.
Fugit, his wife, son and few 9TH
ers who were taken into the scheme
prevailed upon Elizabeth Sewel to
buy, with the money furnished, two
gallons of whiskey. After the pur-
chase the conspirators, who were
following. met her at a mountain
store and openly bought drinks
from her jrg. Sewel tramped II
miles that day to lodge com
plant and giRe-in list of wit
nesses. That night u stew" and
celebration were enjoyed in Fugit's
house, Elizabeth Sewel' 5 remaining
one gallon of wniskey being the
chief ingredient.
In getting this woman to play
her part, they had argued that Dis
trict Attorney Smith and Judge
Barr had never failed to be lenient
with a woman, and, in fact, had
never given a woman severe pun
ishment. By violating the law she
would be taken to trial and fed
free. while the witnesses would
make over $40 apiece, and all would
divide up after the trial and
'sure" acquittal
Mr.. Smith-no matter how-got
the inside facts, and the separate
witnesses felt that they were on red
hot griddles all the time they We're
on the witness stand. As IA result.
Fugit, his son and some other wit
nesses were indicted, convicted and
sent up ror some months. They
had predicted right as to the SeweL
woman. Judge Barr and Attorney
Smith held long conference be-
fore letting her 60 free, but a ply
stefan stated that the child would
die under prison conditions, and
saved the woman.
Another interesting case which
Mr.. Smith has had to dispose OF
was a remarkably neat mountain
eer. His shoes were blackened and
his shirt was clean. He wore col
lar and cravat, and, on the whole,
presented the appearance OF
thrifty, reliable young man. lie
claimed that he had done no wrong,
had not sold any liquor, and that
the witnesses were mad at nm ana
had falsely swore up the case. Mr..
Smith and Judge Barr were more
than inclined to believe the fellow,
rs each admitted afterward. The
Jury, however, relied upon the tes-
timony given and brought in YER
dict of guilty.
When the neat young man was
brought up for sentence, Judge
Barr, according to the sarcastic
form, asked him if he had anything
to say whv sentence should not re
passed. He said that he had, and
then reiterated the story that 1t
was a 'made up case against him.
Finally he said: why, that dep
uty marshal that arrested me Is
my worst enemy"
The court, so TO speak, prlcked
up its ears at this, and told Attor-
ney Smith that this must be lnyes-
tigated. Mr.. Smith entered into.
conversation with the prisoner and
pinned him so close that he eN-
claimed in despair:
stranger, YOU don'tundcrstand.
That marshal's daddy was Killed
up there about three months ago
and / am witness for the man
who killed him"
The courts ears were erected
more thai ever, aud yet more I'M
perative orders were given to got
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