The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-26
He Meets Thrusts by
Gambler and Settle.
LAST ARGU M ENT MADE
Monday Judge Boyd Delivers His
Charge. From Macbet S Witches
Defendants Lawyers Fly to
Hedgehogs and Women Weep.
inq Over Old Nick.
Especial to News and Observer

especial To News and ODSefVef')
Greensboro, \. c.. Nov. 25-Tnere
were no preliminaries in the Old Nick
case when court opened at 10 O'Clock
this morning. Mr. Z. T. Cansler, of
say ng in part
81 wish to ray at the outset that
while the bill of indictment charges
the defendants with fifteen distinct
violations of the law, Kennedy and
Williams are not the only ones on
trial. but in truth and in fact the gov
eminent has brought a charge against
every one of its servants, agents and
representatives who had charge of
that establishment. &c mad just as
well be frank at the outset for your
verdict for all practical purposes set
ties the question as to the guilt or
innocence of these agents who report
ed to the government the manner in
which defendants carried on this bus
mess and who nave stood before you
and on oath told you all they knew
about it. The government says de-
PENDANTS have sold fifty thousand gal
Ions of whiskey on which no tax has
been paid. That means that every
one of these officers has been guilty
defraud the government. That every
officer who sent in his monthly report
was corrupt bride taker, a maker
of false reports or Il constituencies
scoundrei and a base robber of the
government which trusted him. Your
conviction of defendants in this case
is not q question of dollars and cents
alone. it will brand them and those Of
ficcrs as pcrjurers, thieves, and con-
spiratorS
"A maxim in law is that that watch
does not appear is presumed not to
exist In the case before you the g5v-
eminent has reversed the rule and Sc
riously contends that that which does
appear is presumed not to exist. The
speaker then showed the deed from
the Old Nick corporation 10 Kennedy
for the distillery, giving him full legal
title to the property and said district
attorney based his whole prosecution
on the idea that what appeared did
not exist and ask You twelve men with
out a shade of evidence to say that
deed is a sham and fraud"
He here recited the rule of law pre-
Stunning that a deed spoke the truth
and could only be cancelled by strong
affirmative evidence and said the
fraud on the fact that Kennedy was
a young man and poor man, and on
that proposition that because a man is
young or is poor he cannot acquire
property on the confidence of tho-e
who have money in his energy integ-
rity and ability.
The speaker referred at some length
tn the circumstances surrounding the
sale of the distilleTy. How Williams
was confined to a sick bed, but not
expecting to recover. How he had
letter written to the board of directors
saying he could not longer attend to
tho diStillery. and now the board of
directors sold the property to Ken
nedy
The speaker called attention to the
fact that Collector HarkinS had been
satisfied at reports sent in as to the
product of the distillery showing its
average as so per cent.
Taking up the volume of business
done by the company. the speaker
analyzed tho figures of the prosecu-
ton and claimed that the books of