The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-24
THE EVIDENCE IN
The Long Talk by Coun.
sci Has Begun.
1T is Safe to Predict That Tuesday
Will Have Arrived Before the
Jury Gets Old Nick
Case"
(Speclal to News and Observer.)

Especial to News and Observer
Greensboro, n. c.. Nov. 23.-At last
the Old Nick trial has ended, as far
as the taking of evidence is concern
| ed and the making of argument by
counsel began, after the court con-
vened at two-thirty o'clock this af-
| ternoon
1t is learned that all the lawyers Will
| address the court, Assistant District
| Attorney Price making the opening
argument to be followed by counsel
! for defendants, Settle and Moore, of
Asheville; Cansley, of Charlotte, and
! Bynum, of Greensboro. District At
torney Holton closing the argument
| for the government.
| 1t is hoped to give the ease to the
| jury Saturday night, but scarcely
| probable that the argument will more
than be completed by that time.
Judge Boyd's charge and recapitula-
! ton of the evidence will possibly con-
sumo a day, so that it is safe to predict
| that Tuesday will have arrived before
the jury gets the case.
Lieutenant-Go DOughtOn, OF
| Sparta, was the first witness examined
! by defendants. He stated that the
| character of a former witness, Lam
d
| cellent. j. A. Ellington, testified that
on the day Jones spoke of having had
| trouble with Williams about gauging
| whskey when he got such cusSing,
| he was at Williams after Jones had
! left. and at Williams request re-
gauged the barrels Jones had marked
| the vantage" on in chalk and in
every instance he found the Jones
gauge inaccurate and the vantage"
| marks TOO much.
T. A. Yates recalled, said the COM
| pany used jugs made to order of four
and 99-100 gallons capacity, it being
! against the law to use five gallon
| package without re-stamping. That
| the firm making the special jugs got
out of them and shipped some jugs
marked five gallons, but the SIS
gallot pot of whiskey poured into them
would run them over. This was in
| reply to evidence of the government
that O!d Nick had been shipped In
| five gallon packages without re-
stamping. This was the defendants
| last witness. FL
The Defense Rests.
Judge Boyd at ten minutes past
eleven announced that the defend
ants were done.
+ District Attorney Holton then re-
+, ston, who stated that last April while
! experimenting the unloading of
dray of railroad books at the Ben
, bow Hotel. Greensboro, to be used IN
! the trial of n. G. Williams at that
term. F. A. Yates asked him what
would be done to an agent if his
books and records were to mysterious
| ly disappear.
On cross examination Hatch denied
! n -, oil no
| prosecution of Williams, or had brag-
ged of getting him convicted. He
admitted that he had bet a dollar
with John Broadnax that Williams
would be convicted, but said Broad
max offered to bet on acquittal and
he covered his money. Hatch also
denied that at the time he was at
Williams home and enjoyed his hos
pitality, he was there as a spy
railroad Agent Cotner being recalled,
! testified that on the last of April some
one entered the railroad office at
| Clemons through a window and stole
all the COmpany'S books and records.
He also said that the office was en-
| tered in the same manner five years
ago and the records were stolen.
The letters of j, Will Jones to the
| collector, dated July 9Th. to Collector
Harkins, detailing his alleged trouble
with Williams on July 4th, over the
9au9ing and the offer by Williams on
June 25th to brbe him, were then
identified and read to the Jury.
District Attorney Price Opens.
Introduction of evidence ceased at
three o'clock and argument to the
jury in behalf of tie prosecution was
begun by Assistant District Attorney
Price. twenty minutes later
Df.in <l,4 L
gument n and hour. He said the
| whole case originated from the report
made by Jones of the attempt to bribe
and the subsequent action of Williams
in interfering with his gauging. The
government was thus warned, ana
went quietly investigating. with the re-
suit that through witnesses and by
records made by defendants them
selves, i had been shown that stu
pendous frauds had been committed.
a perfect flood of light had been
poured before the jury by these records
made by the defendants themselves IN
shipments to all parts of the Ohlted
states OF WhiSkey, which, Dy dcludi
count, amounted TO forty-nlne tnous-
and, nine hundred and ten gaiIolls
more than the government niu re-
ceived taxes for. The governments
DOCKS he said showed thal lhe "a
paid output had been eighteen huliuleu
gallons. while the railroad DOCKS dhu
testimony OF consignees showed that
fifty thousand gallons had oeen
shipped and received. Of THIS amount
at Clemmons alone the DOCKS sioWeu
nineteen thousand gallons had peeh
expressed and twenty-five thousand
gallons had been frelghleu, tiie odi
ance going from WINSTON py the
roads He ridicuIed the idea of Ken
nedv,s haira the owner Of the distill-
erv a,-i,,r ha was man without Il
dolla, .iS,.,,ed for wages in the Old
Nick rectifying house two hundred
yards distant and was il every respect
a man Of straw.
Judge Bynum Replies.
Judge Bynum. for the defendants