The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-25
CH|MERAS DIRE
BY WIZARD ART
Shakespeare Invoked to
Defend Williams.
BYNUM OPENS THE PIT
And He'll Lit Witches of Macbeth
Start Forth in Horrible Guse to
Alright the Court Room
into One Huge
Gasp.
BYNUM OPENS THE PIT

Especial 10 News and Observer
Greensboro. y. c., Nov. 24.-When
Federal Court resumed its session this
morning i'm the Old Nick case. Judge
W. p. Bynum, Jr.. of counsel for the
defendants consulting his address to
The jury begun Thursday just before
adjournment, said that the views of
COUNSEL for defence as to the law
governing the case. had been present
ed TO the Court in the form of written
pra -er for Instructions in his honors
charge TO the jury.
(These prayers Tor Instructions
We're presented TO Judge Boyd yes
terday afternoon and are very VOium-
nous. lacy conta : 1S5 separate
specific PRAYERS or requests for him to
charge the law governing the case and
relating To rules of evidence. The doc
ument covers over fifty typewritten
pages.)
He then cited the count in the bill
% Indictment for failure TO make re-
turns as provided bv rules and regu-
latiOns of the Comm. ss;0ner OF inter-
nal Revenue of purchases as q whole
sale liquor dealer. and stated that ii
was admitted that the revised statutes
contained no such requirement. That
his was Il regulation of the Depart
Went and for such omission or negli-
Scnce there was no power the Com
missioner To make a criminal affencc
which the Law had not made. He
Hread from United States vs. Eason in
l44th {. : Reports. Of the SUI
preme Court in the case OF Eason. who
was 4 manufactured OF oleom2rgerine,
and a wholesale merchant also. The
law REQUIRED returns madc by manu-
facturers. The Revenue Department
issued an or,:er requiring returns also
from wholesalers. E,ason failed to
make returns as wholesaler He was
indicted, and the supreme Court OF
the United States declared that Eason
had incurred no penalty. for law re,at-
ing to the manufacture Of oleomarga-
rine had TO requirements as To whole
sale dealers.
Judge Bynum then read the bill OF
indictment and dissected the fifteen
various counts. contending that only
three contained charges of actual Vio-
lation of any statute.
He said he should ask the district
attorney to allow the jury to have the
bill of indictment when they retired
TO consider the case SO that they. too,
could inspect and analyze its remark
sable features.
The Evidence Discussed.
Proceeding then To discuss the evil
dence he declared that no charge OF
omission or negligence had been
produced that the Old Nick Rectify-
inc Company had ever failed in the
slightest particular To observe all the
requirements of the law. '"They
charge here that we have shipped
- 900 gallons of liquor he eX-
claimed. then rising on his tip toes he
Numbered. Il don't care if they prove
NC sh"ned 100000 gallons OF
LIQUOR. there Is not 4 single scintilla OF
law requiring us as rectitiers retailers,
or wholesalers to dc anything we have
omitted to do or 10 refrain from doing
that which we have done. He gave
next histor of the establishment of
the distilerv AT Williams, where the
old Nick Williams rectifying establish
mcnt had been for over a century, and
Of the circumstances and evidence adj
duccd whereby the Old Nick Com
parv sold the distilfery to d. f. Ken
nedv. citing the resolution of the
boafN of directors and the deed for
the diStiilery property To Kennedy.
Promising that Kennedy undoubtedly
had the legal title. he urged that the
rnnorts made to the government by
Kennedy were accurate in specifying
himself as owner, and his notice &c
that effect was not Il false notice, bu;
:; true one. To say that Kennedy gave
- false notice and that the Old Nick
RcctifVin" Company We're guilty OF
operating rectifving wholesale and
retail business With intent to defraud
the government of revenue because
Kennedy the owner of the distillery
made those returns and the old Nick
C0mnanv didn't. was a rank assertion
absolute unsupported by law or by
testmon the case. Here we nav;
brought every officer of the governs
ment who ever Inspected. Spied upon