The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-18
Out One H our in Kelly
Case Without Reach
ing Verdict
RECESS ORDERED
UNTIL 1890 Today
Instructions by Court Favorable
to Defendant, ia of the III
Counts Being Stricken Out.
Attorney Smith Attacks and
Judge Lewis Defends
Enrigllt.

one nunhTtd ana fourteen Of the | I
counts in the Indictment against the
PM q. Kelly Company, Inc. for al
| ieSed violations OF the Internal revc-
nue. laws. which were supported main
~ by the testimony of Major NJ. j. En-
| right. were swept aside yesterday af-
ternoon by Judge Edmund WadIill.
! Jr.. In the United States District Court
! when he charged the jury This was
! looked upon rs great victory for the
defense i'll this trial which has been
! III progress for more than !; week. 1t
! leaves but three counts Of an indict-
| ment which formerly embraced ila.
/ ne case was given 10 the AIRY at
O'clock. After more than an hours de-
liberation no verdict was reached Al
| ";lp the jurors We're Summoned into
court and dismissed until 1880 O'Clock
| this morning.
severe EnrIght.
In argument before the jury yes
! t"rda%. Attorney Harry NJ Smith Jr,
severely arraigncd the statements nadr
while on the witness stand by Ma Tor
| Enright. This was done over the pro
! test of District Attorney l. L. Lewis
| who declared that the evidence OF En-
right was no longer material, as the
court had instructed the Jury to dis
! regard The counts upon which IL bore
Attorney Smith said 1t was relevant
because the remaining three counts. he
said, were connected by testimony OF
the man who has been under a merci-
less fire since last Saturday
Major EnriSh;. ] am very glad to
say, Mr.. Smith told the jury SIS on,
Of this case. He ST FRED UP iI5 counts
lie says that Kelly made false entries
| The only evidence is Enrights ;esti-
mony. In the remaining three counts
| 81 cent suri,.
he followed four barrels Of whiskey
! from kclly's rear door TO the saloon or
| McClarc and sullivan, Seventeenth ami
Franklin Streets.
! Everything about his testimony has
been Very remarkable. lie says the
kegs contained whiskey. but he never
| saw the contents. He throws n net
work of differences to make ii ncces-
sary to<discuss his testimony. 1t is a
| question of his varacity on the witness
| stand. II he had said on Saturday what
he did Monday. this jury would have
| gone Vt to him and would have been
in nasty tiN
Calls II Personal Matter.
| 81 only mention this Jas a personal
matter and one OF interest in this ca Sc
| lie claimed 20 bc telling the truth
said he never heard II limited in any
| shape or manner that he had been
| court martia!ed. When produced his
| war record and conclusivcly proved
! that he was court martialed he
: changed his tactics. After sleeping on
! the subject for two nights he returns
| 10 this court and makes his eNplana-
tion, after confronted with black and
white evidence.
In his explanation he sa;;, ;!at The
matter was trivial one. Was it
! trivial? We shall see"
| Mr.. Smith here produced an aftidavit
| from the War Department, which ar
| rived In Richmond yesterday. 1t gave
| the war record of Major Enright as a
| Federal soldier, and sci forth that the
penalty imposed by the court-martial
was made len!ent, sixty days continc-
ment, on account OF the youth and in :
| experience of the young Union soldier.
Otherwise. the document stated tho
punishment would have been death. be-
cause the prisoner had left his post
while on picket duty when the enemy
was near.
After impressing upon the jury that
the offense was not matter of small
| importance, MIR. Smith filed the afhdavit
with other documents which were
given to the jury.
Defended by Judge Lewis.
Major Enright found a champion in
| District Attorney Lewis. In the course
of his argument, Judge Lewis said:
| .
upon tho stand, as Mr.. Smith SAYS.
Grave Injustice has been done Major
| linriEht. HIS answers were perfectly
true. and | repeat that great injus-
tice has been done him
Major Enrisht was not in court yes
terday He has left for Toledo. o..
where he will collect evidence to pro.
| tect his character. which has becn as
| sailed during the trial.
| The verdict Of tho I,,r,.
eagerly awaited by many Interested
| persons. 1t is likely that It will reach
an agreement this morning
Charge to the Jury.
The instructions OF Judge Waddill
were clear and brief. His charge to
the jury, in part. WIS as follows:
| The defendant, the Phil G. Kelly
Company Incorporated is charged IN
no different counts of the Indictment
with having violated the internal row
enuc laws OF the United States.
The 11Sth and 10Th counts OF the
Indictment charge the defendant with
wfnily purchasing and rccufyiny
large quantities OF distilled spirits.
These have been withdrawn nv the
government from farther -rensjdcra o
ton, tho prosecution asking that II be
permitted to enter n nollc prosnuu,.
| You should not give further consIdera
tion to these two counts.
| In the counts numbered to IIi
] the defendant company is charged with
/ having, MS rectifcr and wholesale
liquor dealer, failed to make tho en-
tries required by law in forms pre-
scribcd by the commissioner Of inter-
nal revenue. In various quantities and
at various times between the dates OF
August FL 1909. and March %. 1910.
Strikes Out IN Counts.
"rhe court charges you as to the