The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-10-06
OLD NICK WAITS.
Williams Case, You
Know, Till the oath.
The Cases Against the Revenue off.
GERS are Called. Evidence in Sam
uels Trial Will be Taken
Today.
Especial to News and Observer)

Especial to News and ObserverD
Greensboro, n. c., Oct. 5.-The case
against the Old Nick Williams Distill
cry Company called first in the Fed
edal Court this morning, was post
poned until Oct. cath. to be tried al
called term of the Federal Court to
be held in Greensboro the week fol-
lowing the term of court in States
vile.
When the case which had been set
for ten o'clock was called, defend
andS' counsel stated they would have
to try the case under serious embar-
rassment, since it was impossible for
the chief defendant. Mr.. Williams, to
be present Judge Boyd then said
DO you gentlemen really want to try
this case on it's merit?" Judge By
mum replied, Your honor we cer-
tasnly 10" Judge Boyd then said
that there was no question about the
condition of Mr.. Williams family be-
ing such that it was impossible for
him to be present. He had learned
that a deputy marshal went there last
night to serve some papers. and found
o new born dead child there and a
desperately sick mother. wife Of the
defendant, Williams. 1t might preju-
dice the case against the corporation
in mis- absence, and he stated that if
the defendants would withdraw all
technical objections to the bills of in
dictment the case would be set for
Tuesday, Oct. gath, at a term TO be
held here the week following the
Sratesville court. The defendants said
they would withdraw the pleas in the
abatement to the Indictment found at
Charlotte and plead not guilty, if the
District Attorney would withdraw the
new bin of indictment found yester-
day. This was agreed to. ana the case
goes over for a trial on its merits
October "a.
The cases against the revenue Off
GERS were next called. Judge Bynum
stated that he desired to give notice
that in those bills where several were
indicted counsel were engaged in pro-
posing a motion to ouash the bills on
the grounds that there was a misjoin
der of parties in some of the bills and
misjoinder of offence in others; that
this preliminary motion would be
ready after the noon recess. District
Attorney Holton then called the cases
where only one officer was indicted
| for misconduct Mr.. Watson said
that defendants would be ready for
| trial as soon as the noon train came
| in from Wilkcsboro; that there had
been much trouble in getting witnesses
subpoenaed in Wilkes but he thought
| they would all be here on the in-com-
| ingg train. These cases were then left
| open and the trial of blockaders was
resumed.
| Frank Ayers, of Surry, convicted OF
retliling was sentenced to Jail three
months and fined one hundred dollars
Oscar Lee and Elijah Tucker were
convicted of robbing Goes store in
! Greensboro and getting poStotfice
| money. 1t was a sub-postOffice. Lee
| being a negro twelve years old, he was
| sentenced to a government refOrma-
! tory in Maryland. Sentence has not
yet been pronounced on Tucker.
This afternoon cases against the
! revenue officials, indicted for alleged
conspiracy with distillers to defraud
| the government, were called. The
case against Deputy Collector Samuels
was begun and a jury secured. Taking
| evidence will begin Friday. Samuels is
represented by Aycock, Watson, Nc
Neill, Adams and Bynum.
| They pleaded not guilty, interposng
no pleas to the regularity of this in
| dictment. In the other bills Samuels
| is charged with several other officers
end nine dstillers with conspiracy to
| defraud the government. Counsel
gave notice they would move to quash
| these for misjoinder of parties and
| offenses. The present case is expected
| to last two days.