The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-10-05
IT'S SET FOR TODAY
Case Against Nick Will
Iiams DistiIIing Co.
Williams Unable to be Present, Coun-
sci Make Hard Fight to
Delay Trial, But in
Vain.
Especial to News and Observer. }

Especial to News and Observer.)
Greensboro, oct. 4.-The only case
of Importance coming up in the
United States Court today was that
against the Nick Williams Distilling
Company, n. Glenn Williams and ID.
f. Kennedy.
This case has been pending for two
years. involving charges of defraud-
ing the government out of thousands
cf dollars or revenue. Certificates
filed by physicians stating that the
wife Of N. Glenn Williams was criti-
cally i'll. excused his absence, but the
district attorney pressed for the trial
of the Nick Williams Company and ID.
E. Kennedy Counsel for Williams
insisted that n. Glenn Williams, pres
ident of the corporation, would be
8reLlrably damaged to have trial
proceed in his absence. the only mem
Der present being Kennedy. Counsel
for Kennedy urged that he could not
safely go to trial without the teSti-
mony of Williams. who alone knew
the operation Of the corporations bus
mess. Counsel for private stockhold-
ers in the corporation presented the
point that a trial without the benefit
Of Williams presence would amount
to a mistrial or cOnfiscatiOn of the
property in which they were largely
interested. Judge Boyd was deaf to
every plea. stating that Williams
could have his trial at another time,
but he would set the case for Thurs
day.
District Attorney Holton stated that
the government had witness here from
Washington and from seven different
States, at heavy expense, while coun-
sci for defendant replied that to have
to try the same case twice would en-
tail double expense. besides doing
Williams and the corporation great
damage and wrong.
Judge Boyd would not relent, it
was also announced by the district at
torney that q new bill had just been
found by the grand jury in the same
case. and he moved to consolidate
this with, the bill! found at Charlotte.
Defendants counsel opposed this
strenuously, but Judge Boyd allowed
consolidation.
The case is considered one of great
| imports5'b end the most eminent law
yers in the State are appearing for
the defendants, consisting OF eX-Con-
gresham Thomas Settle. Judge
Charles Moore and Thomas S. Rollins,
of Ashevlle: E. c. Cansler, of Char
| lotte: J. Z. Alexander, of Winston,
and Judge w. p. Bynum, of Green's
| boro.
Assistant District Attorney Price. of
Salisbury, arrived today and will aid
| the district attorney.
| Among the indictments found this
| afternoon by the grand jury OF the
| Federal court were three charging
escape" against Sheriff Alspaugh and
Jailor Hammer, of Forsyth, and Sheriff
| Dorsett, of Davidson county. On al
| legged privileges accorded Federal
prisoners undergoing sentences in their
| jails.
| Out of n great many small cases dis
| posed of yesterday and today only one
man was sentenCed\ to Imprisonment.
| Lowe Carrick. of Davidson, sent to
the Atlanta penitentiary for Illicit dis
| tilling. The last case tried was
against Lum Staly, of Guilford, for
blockading and was given to the jury
| just as court adjourned at five o'clock.
| After being out two hours they
brought in verdict Of guilty. Staly
was out on q bond, but Judge Boyd
placed him in custody, awaiting the
verdict, and when 1t was rendered
there was nothing for the marshal to
do but Dut him in Jail This case was
about the only seriously contested one,
| Messrs. SapD & Britain, of AShebOrO,
| putting up a game fight for him.
Lawyers continue 20 gather here at
| tracted by fees paid in behalf of par
| ties indicted in the Federal Court
from all sorts and sizes Of clients, the
| most important of course, being those
concerned in the Old Nick Williams
| Distilling Company cases, and those
against the eX-deputy collectors in
| dicted at special term of a few weeks
ago.
Yesterday morning there were twen-
ty visiting attorneys here and the num-
| Der is swelled by the following addi-
tional present this morning: Finley,
of WilkesbOro; Gattis and Turner OF
Hillboro; Hughe. of Graham; Cans
ler of Charlotte; Sapp, of Asheboro;
Settle. of Asheville; Holton and
Haynes, of Yadkinville; Watson, of
Winston; Lewellyn, of Dobson; Scott.
| of Reidsville.