Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-10-08
.STEGALL CASE
is NOW ON TRIAL
Number of Witnesses Are Exam
med and the Argument Begins
for the Government-Judge
Hart Explains His Connection.

The hearing of the stegall case was re-
surned before Judge William T. Newman,
of the United States circuit court for the
northern district of Georgia, shortly be-
fore ! o'clock Thursday afternoon.
The first question arising preliminary
to the argument Of counsel, was whether
or not Attorney Genaral Hart. repre-
senting the state, could ask Stegall what
was being manufactured at the Cureton
distiIlery. Judge Newman held that UNI
der his view of the case the question
would be immaterial.
sTEGALL ON THE STAND.
StegaH was put on the state. The court
asked him If he knew anything Of the
Cureton distillery. except in his official
capacity as a store-keeper and gauger
In the service of the internal revenue
department Of the United States govern
ment.
Stegau answered that he did not.
Judge HartS then explained his connec-
ton with the case as attorney general.
He said that he thought Judge Fife was
right in insisting upon Stegall testifying
in the Dade county superior court, but
wrong in declining to recognize the writ
Iof habeas corpus issued by Judge New
man.
"And 1 advised" he said, that Stegall
be delivered into the custody of the Unit
ed States court"
QUESTION REGARDING RECORD.
Following this considerable discussion
arose among the attorneys as to what
the record should be as to the specific
question which Judge Fite required Ste
gall to answer This, II was finally
agreed, should be-"What is being manu-
featured at the Cureton distillery?"
1t was upon Stegalrs refusal to answer
this question that he was committed to
Jail by Judge Fife.
Judge Fite, himself. made lengthy ex-
PLANTATION to this effect.
ARGUES FOR GOVERNMENT.
Assistant United States District Attor-
ney Henley then began argument in be-
half of the government. His contention
was substantially this: That an official
Of the revenue department is by his oath
Of office forbidden to divulge information
which he has obtained in his official ca
pacity concerning the operations Of a IL
censed distillery. There are regular and
legitimate channels, however. continued
Mr.. Henley, whereby needful and proper
Information may be secured. BY due ap-
plication to the commissioner of internal
revenue at Washington, he said, the Dade
county superior court could have secur-
ed the requisite information on the Cure
ION distillery.
1T was not necessary" he pleaded.
With great earnestness, that they should
seize a mere underling of the department.
and clap him into jail.
NOT PROTECTING DISTILLERY.
I'VE are not attempting to protect the
Cureton distillery," said the attorney.
I'VE are not interested in 1t one way OF
the other. except in seeing that it con-
forms to the internal revenue laws. We
are not trying to conceal any of its deal
ings. But there are rules and regula-
tionse made by the government and these
must be respected. A store-keeper and
gauger renders himself liable to fine i'm
prisonment and forfeiture of office by
giving out information"
He then read at large from the United
States statutes and the rules of the rev.
enue department to sustain this position.
Charles E. Stegalls position was this"
continued Mr.. Henley. LAS a store-keep-
er and gauger he stood between a state
court Judge with his prison sentence and
$500 fine on the one hand, and the Uni
ted States law with a fine of $1,000 or
Imprisonment of 10 months and discharge
from Office. on the other.
(which was he to choose?"
THE PIVOTAL QUESTION.
The pivotal question In this case. he
continued. is whether or not Judge Fite
was JuSuneo IN committing a revenue oI-
fetal to jail and filming him $500 because
the official declined to answer before the
grand jury as to what was being manu-
featured at the Cureton distillery. No
matter what Stegall might have answered,
he continued he would have been tell
ing something that was already in the
revenue departments record and would
therefore have been violating the rules
of his office.
The means of the state court for secur~
ing this information were not by falling
an Official who was unwilling to break
his oath. but by application to the proper
authorities, through provided legal chan
nels.
At 2 o'clock court adjourned to resume
the hearing Saturday morning at II
o'clock