The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-09-29
LIQUORS WERE FOR
AUTOMOBILE PARTY
Defense Springs Surprise in
Landlord Gays Trial
Today.
WERE BOUGHT SATURDAY.
BOTH DEFENDANT AND HIS WIT
NESS TELL STORY WHICH
COMES AS BOLT FROM SKY UP
ON STATES ATTORNEY.

Unexpected evidence was introduced
in the trial of the State VS.. George
Gay in the Wayne circuit court this
morning. 1t was such evidence that
caused apparent CONSERVATION to the
prosecuting attorney. 1t dealt with an
alleged automobile party that was at
the >Westcott hotel on the evening Of
May 90 and had ordered a quantity
of liquor to be on hands for their use
the following day, as they would re-
turn from the east. 1t was stated by
Gay the liquor confiscated by the po-
lice when the raid was made the af-
ternoon of Sunday, May "a had been
intended for this party. Mr.. Gay did
not state whether the party ever came
back or not Howard Bass, negro
waiter, who was employed at the
Westcott at the time testified upon the
same subject.
The story of the auto party fell like
bolt from clear sky up on the
states attorney. He was not worrie d
to any appreciable extent and in a
side remark declared the story to be
lie. 1t revealed to the state for the
first time the line on which Gays at
torneys expect to base their hope for
an acquittal.
Gay testified that about o'clock on
the evening of May %, a stranger
came to him in the office of the hotel
and said he was one of a party of au-
tomobilists. He said he had a party
Of twenty-five or thirty and if all of
them came there might be forty per-
sons. Gay stated he did not know just
what was wanted, so the two went to
the bar room. The stranger told him
he wanted beer, whisky and seltzer.
He said he wanted four or five cases
OF beer. Gay told him that would be
whole lot and the stranger told him
then the party might be back the next
day. He (Gay) told his customer that
he supposed If the liquor was bought
on Saturday it would be all right to
serve it on Sunday. The stranger
said also the party would want to take
some liquor away so to have on hand
few empty flasks. Gay said Tim"
was on duty, when he and the strang-
er went into the bar and was very
busy, so he made the sale, had tae
order filled and accepted the money.
He said he had the goods sent to the
bath room, as the party was to be
served in the cafe.
Not Cross Examined.
Mr.. Gay was not subjected to cross
examination as his testimony was not
offered In regular order and the attor-
ney for the state agreed he should
take the stand with that understand
ing.
Howard Bass, colored, said he was
employed by Mr.. Gay at the hotel May
23 and "a of this year. He said he
was acting in the capacity of waiter
and Saturday night was assigned to
seovice in the cafe when he went on
duty. He said at this time he did not
know there was any beer or other sup
plies in the bath room. He said: "Mr.
Gay told me a party of automobilists
was coming and I should wait upon
it was on Saturday evening and Mr..
Gay told me there would be about
twenty-five or thirty in the crowd
1T was between $50 and o'clock
when the party consisting of men and
women came into the cafe room and 1
served them with drinks There were
men and women in the crowd. They
stayed until about IL o'clock. Mr..
Gay told me the party would be back
the next day and go up in the morning
and clean up the room. The nextnay,
while l was there. two men came in.
Neither asked for nor got any beer.
Shortly after the two men had come
in, Mr.. Gay came in. One of the men
was bartender at Jessups. Soon af-
terward the policemen came"
On the cross examination Bass said
in answer to the question: when did
you first tell this story?" replied he
told it to Mr.. Robbins (meaning John
F. Robbins, attorney for Gay) last Sat
urday afternoon. He said the CONVEX
sation took place in the office of Mr..
Rupe (meaning John L. Rupe, another
attorney for Gay) He said he told
Mr.. Robbins everything just as he re-
lated 1t on the witness stand this
morning
He said the members of the automo-
bile party were dressed in the usual
way. The men had on caps and the
women wore wells. They came into
the cafe room and asked for drinks.
He filled their orders and the only
money he received was what was Civ
en- him as tips.
Bass was shown the bottle of Old
Prentice whisky and the bottle of
Greenbriar sour mash. The Old Prem.
tice bottle was about two thirds full.
Bass said he had filled whisky TASKS
from these bottles. He was shown
two empty whisky bottles. He said
they were empty when he went ON
duty. These were the same bottles
that were In the consignment Cav
said he sent up for the guests. only
he had stated the whisky bottles he
sent up were full.
The attention of Bass was called to
the iron cork puller. He said it was