The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-08
COSTS OF OLD NICK CASE.
Some Significant Figures showing
What the Expenses Will be TO
The Government.
Especial to News and Observer


Greensboro n. c., Nov. 1.-THE te-
dious calling out of items from the
railroad shipping book by the depot
agent at Clemmons, the shipping point
of the Old Nick Distilling Company is
the mOnotonOus proceeding in the
trial of that case in the Federal Court
today.
Collector Rollins arrived from Ashe-
vile this morning and was consldera-
bly, perturbed at the prospect OF. nav
ing to wait for the railroad agent to
get through. At the former trial he
had only completed his freight book
when Juror Wilson was taken sick
and after he goes over this the second
time now, he still has before him the
virgin soil of the express book to
plough through, or delVe through.
His testimony was suspended this
morning long enough to allow George
BrasWell, former manager of the Pine
Level diSpenSary to testify that he
had bought Old Nick Whiskey and for
the defendants to prove by him that
he had paid the full market price.
In the absence of anything of cur
rent interest transpiring today in the
evidence, resort is being had to con-
lecture about the cost of the case, its
probable outcome and evidence so far
introduced as to the spectacular or
sensational trip last week by the Ken
lucky diStillerS and manufacturers, to
the Old Nick diStillery, at Williams,
Ia miles from Winston.
The highest estimate of the cost so
far made was that by man connect
ed with previous big government
trials. He figures it at $4,000. 9th
ers are more conservative estimating
from SIS to $4,000, but none under
$4,000.
Ehis correspondent has made no
guess, but yesterday he did, out of GU
riosity, ask two witnesses from Ala
bama what their mileage certificates
We're. One just made out for $50, the
other $500. This being their fourth
trip would make the mileage of one
$4,000, and the other $216.Gv. This
does not include their pay as witnesses
which would add another $1,000 at
least to the bill. making these two wit
nesses alone cost the government over
$4,000. With over a hundred wit
nesses many of them with much larg-
er mileage accounts and many as eX-
perts, getting, what j. S. Minor and
the other Kentucky Whiskey men who
went out on the Old Nick raid last
week said they hoped to get, $40 a day
as experts" it can readily be seen
that it would not take so very long
to make Il $4,000 pile of money look
smale. To show with what minuteness
regardless of expense the District At
torney is building up his case the fol-
lowing is literal transcript of the
evidence given yesterday by the two
witnesses mentioned above as having
cost over $500. That this evidence
was considered very important by the
District Attorney can be concluded
from the fact that this was the fourth
time they had attended the trial.
Sample of Testimony.
Chas. Schall, saloon keeper, Shelf
field, Ala.
Il bought II kegs of so proof whis-
key of the Old Nick Distilling Com
pany at different times. One shipment
was six kegs. / did not proof it but
Deputy did in my presence and said
it was (SO) proof. The kegs were
boxed. l engaged it at $1.05 per gall
Ion and it was billed at 500 per gall
lon. which I paid"
Cross examination: "The price I
paid was full market price for so
proof corn whiskey."
Redirect: when you say mark
ct price what market to you refer to-
where did you buy other liquor Il
bought liquor from Chattanooga and
Nashville distileries." CAT this reply
a knowing wink and suggestive smile
passes around the table surrounded by
the defendants and their lawyers who
told the witness very kindly to stand
aSide.)
Next came V. S. Root. who after
saying he came from Huntsville, Ala,
was a United States Deputy Collector
replied to the following interrogations
put by the District Attorney:
Did you proof six kegs of WhiS-
key consigned by the Old Nick Com
pany to Charles Schall of Scheftield.
Ala?"
yes"
what was the proof?" Eighty"
How were they packed ?" 'In
boxes
Examine him gentlemen" said the
District Attorney to the defendants
lawyers. The latter didn't do a thing
but u.s. the sterotyfied phrase stand
aside"
This is a pretty fair sample of the
mcnotony of the testimony. as well
as giving some basis on which to es-
innate the court costs alone, when il
it realized that these two bits of evil
dence cost over half a thousand dol
lars.
May Summon 1 900 Witnesses.
Railroad Agent Coster completed
the enumeration of freight packages
shipped by the Old Nick Company be-
fore court adjourned this afternoon
and began the detail of express pack
ages. On this evidence Judge Boyd
made ruling which may require the
summOning of a thousand witnesses
by the government to prove that pack
ages contained whiskoy. Questioned
n Nr1n q do N -