The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-28
THE JUDGE LUCID
AND EXHAUSTIVE
Boyd Delivers His Charge
to the Jury.
CASE In THEIR HANDS
Last Words in Old gse Spoken
at One O'Clock, The Jury
Left the Court Room to.
Begin Their DeIibera-
CASE IN THEIR HANDS

Greensboro N. c., Nov. 27.-At ten
O'Clock tonight nothing had been
heard from the jury in the Old Nick
case since three o'clock in the after
noon when they filed into court to
ask for further instructions.
One question they asked was if they
had to to consider all fifteen counts in
the Indictment. They were told that
as stated in charge, only five counts
We're to be passed upon, but that they
might consider the ten others for the
purpose of arriving at a conclusions on
the fee. Tney then asked if they
found the OLD Nick corporation guilty,
who would be the ones punished.
Judge Boyd replied those who as
agents, officers, representatives or en-
Dloyer9 who actually were proven
guilty of committing the acts violative
Of law as named in the bill of indict-
ment
No verdict is probable tonight if
ever.
Greensboro. N c.. NoW 27.-At one
O'Clock today Judge Boyd completed
his charge to the jury in the Old Nick
case and they retired from the court
room TO consider j.. The court room
was full of people interested in hear
ing what the judge would say. and the
bar was full Of ladies. He WAS ex-
actly one hour and a half completing
the CHARGE and at his conclusion there
We're many of the leading lawyers who
sat in the bar who cordially cOngrdt-7
ulated the judge on it. He began by
saying that whatever discussions have
been heard on the conduct of the case
and the argument the court inStructs
you that those principles of law laid
IL hx~
by which you are to be governed in
rendering your verdict" He then pro-
ceeded to give a concise and lucid def
milton of the law in the case, describ-
ing the various provisions of the in
ternal revenue law relating to the bus
mess of distl!ing and other branches
of the business.
He then read the law tpplying in
each case. which defendants had been
charged with violating. such as fail
ure TO keep books. giving false notice,
refilling ta- stamped barrels etc.
The government has Introduced teS-
timony which it says tends to prove
that false notice had been given as
to the distillery; that by means of the
retail department of the rectifying it
was possible for the three businesses
of the distlling rectifying and retail
ing, by being carried on in concert, to
furnish conduit for the sending out
of vast quantities of untax paid liquor.
The government further insists that
even is no proof of untaX paid liquor
sent out has been given the giVin~ of
a false notice the failure to keep the
proper records. etc. are acts of vio-
lation of the law.
Defendants contend that these
propositions are not tenable and say
they have not been established in law.
nor does the evidence presented by the
government overcome the preSump-
ton as innocence. Judge. Boyd then
said he would strike out all of the
fifteen counts in the bill of indictment,
except five and upon these five the
jury should confine their investigation.
1st. The count charging that de-
PENDANTS carried or the business of
rectifving with intent to defraud the
government.
End. Carrying ON the business of
rectifying and failing to enter on
books the spirits received in the stab
lishment.
3rd. Giving false notice.
4th. Removing nntax paid spirits
to a place other than the warehouse.
tn. That defendants d. f. Ken |
nedy, n. Glenn Williams and the Old
Nick Williams Company carried on
the business of a distiller with intent
to defraud the government of it's rev.
enue.
After irving instructions on the
question of reasonable doubt to which
he said defendants were entitled he
said that a terse but incomplete def |
milton was:
"a reasonable doubt is such q doubt |
as the Juror could give. a reason for
adding. eff by the evidence the way
is blazed so distinctly the mind travels |
readily to the terminus and there
reaches guilt it is the duty of the
jury to convict. but if the mind be-
comes confused in marking definitely
the path to the end. then YOU have n |
reasonable donbt
Perhaps the strongest part of his
charge was that defining the criminal
liability of a corporation. "a corpo- |
ration he said. "is an official, not q
national bod. II could not act of
itself because it had no tangible being !
or personality. If it was liable sivilly |
or criminally it could only become so
through the individuals composing it |
and the agents or employees. rail- |
road corporation could be made liable |
through the acts of its individual rep
resentatives. and the court charges
you that if YOU find through its agents, |
the Old Nick Williams corporation
violated these laws the corporation isl
guilty. and the individuals acting Tor /
the company are in addition, equally |
guilty of committing a criminal Of |
fenSe. IF you are satisfied beyond |
rea sonable doubt that Kennedy was
not the real owner of the distillery, !
but that the Old Nick Company was, !