Albuquerque morning journal., 1908-03-27
BEER CONSPIRACY
CASE IN HANDS
Of THE JURY
WRANGLE
IN CLOSING ARGUMENT
Prosecutions Main Witness,
FIayed by Mr., Heacock, Finds
Able Defender in District At
torney Leahy

Up to an early hour this morning
no verdict had been returned in the
'case Of the government versus Chas
webb and Robert Miller, who have
been on trial for several days past on
a charge Of conspiracy to defraud the
government by means of violation of
the internal revenue laws.
The whole day yesterday was occll-
pied with the case, Several witnesses
! were on the stand yesterday morning
/ to testify as to the credibility Of testi-
mony adduced during the trial
| Louis II Obcrmier, who has been
one Of the main Witnesses for the
prosecution throughout the trial, was
| again placed on the stand yesterday
morning His testimony was pract-
cally the same as that which he gave
several days ago, with the exception
Of one or two minor details The evil
denCe was concluded in the morning
and al the afternoon session, the clos
ing arguments were commenced by
the attorneys. United States Attorney
f. G., Abbott, for the prosecution.
made a lengthy ana forceful address
to the jury, saying that all the evi-
dence brought out during the trial
tended to prove that Webb was guilty
of removing internal revenue stamps
from beer casks and using them again
and that the other defendant was
equally guilty with Webb, because he
was part 70 the conspiracy Mr. Alb
hott then went on at length to re-
count the testimony and the evidence
of the different witnesses, both for
the plaintin and defendants, and
plainly told the jury that it was his
firm belief that it was its duty to re-
turn u verdict of guilty. Mr., Abbott
was followed by Frank Ackerman. on
behalf Of the defendant. Robert Mill |
er Mr.. Aekerman said in commence
ing his argument that he would be
necessarily brief, because he was not |
feeling we'll He said that Miller had |
been q resident Of Albuquerque for |
twenty years and for five of those |
years had been trusted employe Of |
the Southwestern Brewery g. Ice COM |
pany and that no dishonest act had |
been charged against the defendant |
during that time, He then reviewed |
that part of tho evidence which di- |
roctly concerned his client. cndeavor-
ing to point out the weak spots in the
testimony brought forth by the pros
acution, saying that Miller had not
been logically connected by the gov
arnmcnt attorneys with the conspiracy
and had no knowledge of It, Mr. ACk-
erman closed his argument with a
strong plea for verdict of not
guilty. Attorney Heacock then COM
ncnCcd his closing argument, He re-
5ieWcd the case at length; found fault
with the evidence brough by the pros
,cution: cndeavorcd to discredit the
Witnesses Of the plaintiff ana referred
to "the learned and i'm
employees Of the government
he United states attorneys, Messrs.
}. J. Leahy and H. G. Abbott"
Mr.. Heacock talked for an hour and
eemed to exert himself to bring home
o the jurors the fact that he believed
he defendants were not guilty He
fuoted the Bible; displayed a rather
vide knowledge of the interior work.
ngs of brcwertcS and was severe in
lis denunciatlon Of Louis II. Obcr-
nier, one Of the principal witnesses
or the plaintiff
Mr. HeaCock was followed by Unit |
d states Attorney d, j. LeahN who |
lade the closing argument for the
ovcrnmcnt MI Lcahy spoke for
yer an hour and made convincing |
rgumcnt Before launching into the
lldst OF his comments, Mr.. Leahy
1adc fcw sarcastic references ITO
he opposing council" which caused
iughter among the onlookers in the
onrt room. He then went on with
Is argument. reviewing the case from
he very beginning and carefully COM
renting on the evidence brought out |
uring the trial He seemingly made
clear case against the defendants,
specially SO in regard to Webb. He
ave a detailed history Of the case
yelling, at length upon the web, "
oven around the defendants by
lcans Of the cleverness of the United
tates Internal revenue officials. as
sted by ObermieL Mr Leahy took
,mc pains TO defend Obermier
sainst the remarks made about him
4 Attorney Heacock, saying that OBJ
'mier acted right in what he did
ldiug that Obermier was loyal to his
nployer In reporting the fact that a
opposed conspiracy existed,
At the conclusion Of Mr.. Leahy's
'gument. Judge Abbott made his
large to the jury He gave the usual
,utinc charge, explaining what was
cant by "a reasonable doubt and
.utioning them to remember that
ey had sworn to render a verdict
cordng to what they believed to be
sht. regardless OF other things.
The jury was excused at 6 o'clock