The news & observer., 1905-11-07
THE RUN THURSDAY
Interesting Witness in
the Old Nick Case.
Chapman Tells of $40 Gallons of
Whlskey Run Out Thursday, Indi-
eating Where Profit and Fraud
May Come in.
May Come in.
Especial to News and Observer


Greensboro, n. c.. Nov. 6.-When
Federal court opened this morning,
the trial of the Old Nick case was re-
:umed Before the testimony was be-
gun, Judge Moore stated to the court
ana to the District Attorney that on
uesday in Raleigh, the cn jiren of
the late Hon. Thomas Settle. once
member of the Supreme Court would
present to that tribunal a portrait of
the late Associate Justice: that the
date had been selected and the pre-
sentor, ex-Judge Bynum, without
thinking at the time it would inter
fere with this case. AS Judge By
mum. who had accepted the request to
make the presentation, and Hon.
Thomas Settle. were both engaged in
this trial. ne said he would ask that
after the noon recess today, the gov
ernment put on as a witness the Glenn
mons railroad agent, whose testimony
would occupy probably two days,
thereby giving Messrs. Settle and By
mum opportunity to be present in Raj
eigh Tuesday The District Attorney
cheerfully agreed to do this. the judge
remarkirSg that he regretted very
much he could not also go along TO
witness the ceremony of honor to one
OF North Cardinals most patriotic ana
upright jurists, citizens and states
men. When court adjourned at one
O'Clock Judge Bynum and Mt. SEX
tie took the one-thirty train for Rail
Cigh.
\ few more saloon keepers, drua-
g1Sts and revenue officers were eS-
amined before the noon recess. their
testimony being mostly repetition of
what has been told so often before.
the purchase of whiskey from the OLD
Nick Company and the showing by
defendants on cross ss-examination that
witnesses paid full market price. The
defendants tried to prove by IN At
lanta saloon keeper conversations With
Internal Revenue Agent Gates. Of
Atlanta, Who, until this morning has
been sitting by the District Attorney
apparently managing this case, show
ing that Gates had it in for North
Carolina made whiskey, the ''Oid
Nick" in particular but Judge BoyG.
on objection by the District Attorney
ruled the answer out. Gates was a
witness Saturday and defendants did
not cross-eXamine him on this point.
He will return in a cay or two. and
counsel obtained permission of Judge
Boyd to hold the saloov keeper here
until Gates got back, when they could
cross examine him on this point.
Testimony of Chapman.
The most important witness of the
session was Revenue Agent Chapman,
who detailed the results of his VISIT
to the distillery last week, when WitE
several Kentucky distillerS and WhiS-
key manufacturers, lie went out aiIt.
took charge and tested one days ca
pacity. He said they ran out about
five hundred and seventy gallons Of
NvhIskey from one hundred bushels
of grain that had been made ready
for distillation for that days work
before the officers arrived. That the
record required by Jaw to be kept of
each days transactions showed that
the day before the distillery began
work at six-thirty o'clock and the
amount of whiskey made entered on
the storekeeper's books was 255 gal
Ions; that it was difficult for his dis
tillcrs to get up steam Thursday MORN
ing and thsy never got fairly started
until after eight O'Clock and before
three o'clock they had run out the
$40 gallons of whiskey. The regula-
tions of the revenue law makes three
and half bushels of whiskey the
maximum amount to a bushel of grain
claims that the difference between this
three and half and the five seventy
that was really yielden under their
test Thursday, is where the profit, and
the fraud comes in.
On Saturday when Deputy Collec-
tor Mccoy was on the stand he stated
on ross-examination that j. S. Minor
who was in the crowd. he who told
of himself and Glenn Williams having
q pistol drawing experience q year dgo
out there had a pistol on him and
was very active on the premises. Reve-
nue. Agent Chapman this morning