The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-10-08
THE COLLAPSE OF
HOLTON IN COURT
Fighting Calamity, He
SuCCumbs to Strain.
BUT SOON IMPROVES
His Illness Causes Adjournment Of the
Trial of SamueIs Until Monday.
Day Filled With Interesting
Testimony. Many Witnesses
Yet to be Heard.
Especial to News and Observer.D


Greensboro, n. c.. Oct. THE third
day of the trial of Revenue Officer
SamuelS came to a sudden halt this
afternoon when at three o'clock Dis
trict Attorney Holton who had col
lapsed from exhaustion, was assisted
to Judge Boyd's private office, and by
speedy application of restoratives soon
recovered sufficiently to be taken to
his room at the hotel, where he quick
ly responded to relief from the strain
and declares he will be himself NJ on-
day morning.
Court was adjourned over to Mon
day. Mr.. Holton had just put on a
witness by whom to lay the founda-
ton for building up proof on count
charging SamuelS with collision with
another to defraud the government by
means of fraudulent Informers re-
ports This witness was a blockadel
whose still had been reported to the
government by Samuels as having
been destroyed. when the copper had
not been touched. Producing from
the internal revenue files the inform
erS voucher, one James COmbeS,
whose name was written with a cross
but again attestcd by SamGcls. Holton,
after d tedious contest, was not per-
evidence. Aycock, Eynum, and Wat
son strongly contended for the de-
feudaut that the testimony WAS in
competent aud the informcrS' voucher
and checks irrelevant. Holton said
that he proposed to SHOW by. thirty
such checks and informers vouchers
all attested by Samuel and all in
Combes' name. that there was cor
rupt collision between Cambes and
ca, 10 VOL Nv 6n of IA
money. and in return Combes was al
lowed to run his still in half a mile.
unmolested of the one run by witness.
which Samuels had destroyed. Judge
BOYD ruled that at this stage SuCn CVi-
dence was not permissible.
Collapse of HOIton.
During the whole argument it was
seen that the district attorney was
laboriEg under apparent embarrass-
ment. His face was White as a sheet
and when he would arise to address
the court there YVES not that same
ginger so characte ristic of him. After
waving the witness from The stand
and fluttering the papers Ca big bun
die of checks and informers' vouchers)
to the government custodian ne
dropped his head on the table. and ir
almost / sob, cxclaimed "Oh! 7 am
so sick and my head roars like d
cataract"
The jury was placed in charge of
an officer and court adjourned.
Judge BOYD remarked from the
bench that IIolton would yet kill him
self working. mentioning that he
worked all night and all day under the
heaviest mental and official strain.
He had been deprived of the waltz
able assistance of Assistant District
Attorney Price this term by reason of
the death of the latter's father Hon.
Charles Price. The defendants. coun-
sci expressed the deepest Gympath3
with the district attorney. Governor
Aycocl1 saying that had he known
when court re-assembled that Holtcn
was sick he would not have entered
into the heavy debate.
Testimony at the morning session
was directed to the court charging
false reports of destruction Of a
steam distillery belonging to Combes,
witness testfying that as far back as
1903 It was running and that report
OF Samuels to department il March.
1905, Of its destruction was false.
Just before the noon resecc Hollon
began testimony trying to prove COL
fusion between Combes and Samuels
by evidence that they were constantly
together in WilkcGboro. Combes fire.
quently being in his room with Sam
uelS at hotel HoltOn lSC made effort
to show that l.. e. Davis who was in
innate with Samuels. had given the
warning Sunday of officers coming OH
the big raid Monday, but the evidence
offered was ruled out as ncompetent
He said he had hardsledding every
step of the way. and his physical col
lapse was not surprising.
Details of Morning Session.
u to this mornings session witness
es mad been examined as to the count
of false report of destruction of thu,
dtstiilery of Garfield Forster and Jesse
McE'Wing, seventeen miles from
Wilkesboro under the following re-
port made 10y Deputy Collector Sam
uel to the Department:
april 10. 1905: Garfield Forster
McEwilg still-destroyed IA per
mentors containing 1,50O gallons beer
and one flake stand" The first wit
ness this morning was John Shep-
pard recalled, who said he was a this
dIstllery Saturday berore the raid was
made Monday. April 10, and there
were four barrels of whiskey there
He returned the day after the raid
aud saw the same four barrels there
and distilling was going on. Asked
by Watson how he knew that the
barrels were full. witness explained
that he did not use liquor, and was
asked to examine contents to sec if
whiskey had any scorch to it. as
those who drank could not detect it
ii it had
All witnesses before had testified to
finding tubs Of beer at this still inn