The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-23
A MIGHTY Pc BIZ
What Old Nick's Coun-
sci Seek to Prove.
Holton Puts Significant Questions to
Witness Yates as to the 0isap.
pearanCe of Railroad Books at
Clemmonsvilie.
Especial 10 News and observer.)

Greensboro n. c.. Nov. 22.-The
testimony in behalf of defendants in
the Old Nick trial was not concluded
when the noon recess was taken today
Almost the whole Of the morning ses-
sion was consumed n the cross-eXam-
nation Of f. \. Yates by the district
attorney. Yates testimony yesterday
was very important for the defend
ants, and the district attorney eX-
haustcd every effort 10 throw him, but
he proved a remarkably we'll poised
Individual Yates kept the books for
Kennedy. This morning Mr.. Holton
made him read out every item of en-
tries by the Old Nick Company With
credits for whiskeY used by the old
Nick rectifying business made by
Kennedy. Employed To keep the
books for Kennedy Yates served the
old Nick Company the balance of his
time. 1t was inadvertently proved
by him on cross examination that
there were several canning factories
in the Old Nick neighborhoOd whose
products were shipped from Glenn
monsville. At the beginning o. the
trial. away back yonder, the Glenn
mcnsvilIe gent. Costner. stated that
the railroad books containing records
Of shipments from that Office disap-
=
never been found. 1t was for this
reason that The letter press copies sent
to the auditing department. at WASH
ington of the Southern Railway. were
permitted by Judge Boyd to be used
by the Witress in refreshing his mem
CRY as to packages shipped by the old
Nick Company. from Clemmonsviile,
In his cross examination this MORN
ing Of Yates. The district attorney, by
Ia., tho, IN il
going TO try to connect the Old Nick
Company with the disappea rance of
these books. He asked Mr.. Yates IT.
early in April. he did not ask Railroad
Agent Hatch of Winston. VIVA
would become Of a railroad agent If
his books were TO disappear from the
Office Witness said he did not re-
member such n conversation, but ne
thought he might have asked the queS-
ton during visit of Hatch to the dis
tillary. ON further questioning he said
he understood that the books at Glenn
monsville dis& appeared about the last
of April. Holton asked if he had not
been in ClemmonSVille frequently eX-
! amining those very books and that
only the day before they disappeared
Witness replied hat il was not uncom-
mon for him 10 examine the BOOKS
with tho agent 10 trace some SHIP
not remember GA what days he dl0
this. On redirect examination de-
PENDANTS managed to get in the fact
that the firms account al the bank
Was almost always oVcrdraWns ana
they were hard pressed for funds ana
were losire money in their business.
The first witness yesterday afternoon
offered by defendants was Mrs. Is. c.
sharpe just before court adjourned
tsfagts q 4
and stated positively that the time o.
The alleged offer Of a bride by VIII
Iianls to him. Mrs. Williams was .sick>
he >iep. or q pallet made I'm the parloT
that night and it WAS the 18th OF
Tune Mrs Sharpe testified that she
was at Mr.. Williams when his Wife
vas very sick that il was the 18th of
June and she herself made the pallet
in the parlor for Jones 10 sleep on
Ex-Revenue Agent Burgh next resul-
fed that he was at Williams with
Jones on the 18th of June, but on that
trip Mrs. Williams was up and sat az
the dinner table.
W. A. Blair. president of the Poo
nIe's National Bank. of Winston. the
banking h. use of the old Nick Com
pany from its organization, testlfled
that ;hc distillery which the govern
mont alleges was really oWned/by WI
Hams ana IfduuultHlN run ~ ~
name Of Kennedy, was sold by the ono
Nick Company to Kennedy for ter
thousand dollars and read the pro-
,eedingS of the corporation l"counlmS
this sale at a time when Williams was
sick in bed. and was not expected 10
recover Blair also testified to threats
made by Minor. the Kentucky contiac-
tor because Williams had not paid
the money fer building the distiI!erN
for the corporation. and of his saying
that he would file q lien on the whole
property. thereby closing il up under
the internal revenue regulations, and
If his subsequently doing this, and the
distillery having to close until after
long effort Tho comm ssioncr allowed
il 20 be again opened
The defndants did not conclude
their evidence tonight. Two more Dep
uty Collectors were examined TINS al
ternoon one had been sent from Ken
tlIcy and one from the eastern North
Carolina district last March TO pay
special visits Of inspection at the Old
Nick plant They both testified that
they spent an hour each day for Tour
DAYS in succession trying TO discover
irregularities, but they could discover
nothing wrong.
Among character witnesses eXamin-
ed who testified 10 the excellent repu-
M. Stedman. G. p Vanstory. @. d.
tation of n. Glenn Williams We're some
of the most prominent men i'm the
State and city. among them being G..
Benbow. w. A. Lash. Neill Ellington.
and w r. Osborn.