The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-11-24
ROUNDING Up THE
OIsT|LLERY Case
- -----------
Fifty Thousand Gallons Slipped
On Which No Taxes
Paid.
KENNEDY "A MAN OF STRAW
Yates Convicted. BY Implication
With Stealing Railroad
Records.
KENNEDY A MAN OF STRAW
(spe cial TO The Tlmes-D,spa,ch.)


GREENSBORO, N. c., November %
The Introduction of evidence in tho Old
Nick trial ceased at o'clock this after
noon, and the argument to the jury in
behalf Of the prosecution was begun b!
Assistant District Attorney Price twenty
minutes later Before argument began
attorneys for defendants requested Judge
Boyd not to limit their time, unless
twelve Of the fifteen counts In the bill
of Indictment were eliminated, so as to
reduce the charges down 10 the threo
general ones OF carrying on the business
of distillcry with intent to defraud
the government; carrying on the business
of recufying, with intent to defraud
the government, and giving false notice
District Attorney 1lolton said the whole
fifteen counts meant only this In cpitomc,
but he could not strike out any.
Judge Boyd stated he would not limit
speeches, but thought defendants could
get along with six hours, but II, while
speaking, It was found their time was
not sufficient, he would extend 1t. Tho
defense closed Its testimony In the morn
Ing, and the government introduced evil
dencc tending TO connect +. A. Yates,
manager OF the Kennedy dlstllery, with
nbstracting the railroad books from tho
Clemmons Office last April
RECORDS STLOEN.
Yates was connected only by implict-
tion and the railroad agent stated on
ss-cxa,n!nation that tho station had
been broken open and records extracted
the same way five years agoe before
the distillery ever shipped a package from
that station or Yates had come to this
section. |s
A railroad agent from Winston testified
that two weeks befS-e the theft Yates
asked him what would be done to
agent II all his railroad records were &c
rnysteriously disappear. The official no.
LITIGATION made by Government Gauger
Jones to Collector IarkIns. dated July
It'll. OF the attempt of Williams to bride
him. and his later intimidation at the
rcctifyng house July 4th, 1.hile he was
gauging whiskey, were read TO the jury.
and the case was ended after having
consumed twcnty-four days III evidence
by the government and five days by de-
PENDANTS, neither one Of whom went on
the stand.
Mr.4Pricc completed his opening argu-
mcnt in an hour. He said the whole
case originated from the report made by
Jones. OF the attempt to bride and the
subsequent action OF Williams In inter-
fering with his gauging. The goYern-
ment was thus warned, and went quietly
Investigating with result that through
witnesses and by records made by de-.
PENDANTS Themselves it had been shown
that studendous frauds had been COM
mitted
FLOOD OF LIGHT.
"a perfect flood OF light had been poured
h<rD ,h u iprv q
by the defendants themselves in ship
ments TO all parts OF tf> United States
OF whiskey which by actual count
amounted to forty-nlne thousand nine hun
bred and ten gallons more than the gov
eminent had received taxes fo:. The
government books, he said, showed that
the tax paid output had been Gig hteen
hundred gallons, while the railroad books
and testimony Of consignees showed that
fifty thousand gallons had been shipped
and received OF this amount at Glenn
mons alone. Tie books showed from
TINT point alone nineteen thousand gall
Ions had been expressed and twenty-five
'thdousan gallons had been freighted the
balance going from Winston by the
Southern and the Norfolk and Western
roads.
MAN OF STRAW.
He ridiculed the idea of Kenncdy's being
tho owner Of the distillery, saying he
was man without dollar. worked for
wages IN the Old Nick rectifying house.
two hundred yards distant, and was III
every respect a man of straw!
E Judge Bynum, for defendants, had
spoken twenty minutes when court adj
journed. Replying to the claim Of the
government that it had showed the dis
tilery had made fifty thousand more
gallons than 1t had paid taxes for. he
said he was glad II had planted itself OIL
some position at last and then proceeded
to show that the evidence OF shipments
introduced referred back twelve months
before the dlstilcry was In operation,
showing that Williams did not depend
cn the distillery for the Old Nick rectl-
flying. wholesaling and retailing business.
nor did 1t get its supplies entirely from,
that distillery, even after 1t was started
up, In July, 1904, one year after the
railroad records of shipments had been
introduced by the government.
He strongly criticised the prosecution
for sending to Kentucky and getting VIII
liam's inyetcrate enemy. Minor, bringing
him and party Of rival whlskey men
here to run the dstillery In the absence
Of NIL its owners. and without notice to
them. when there were plenty OF honest
6oVeIHIllcIll- OIlCcIS anu ulStlllerS IN North
Carolina to have done 1t.
He had just begun touching I'm Jones
the rnuger when time for adjournment
arrived.
Judge Boyd announced this morning
that the next term of Federal court to
begin in Wilkesboro next Monday had
been continued. and there would be no
court held there until the next regular
term, the fourth Monday in May.