The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-12
DID WHISKEY GO
BY PIPE LINE?
Charge Made That Pipe Con-
neeted Distillery and Recti-
flying Plant.
SENSATION IN KELLY CASE
Liquor Mans Counsel Attempt
cd to Block Evidence, but Judge
Waddill Admitted 1t.

Attempt was made yesterday by the
prosecution In the case of the Govern
ment against the Phil G. Kelly Com
pany Inc. which has been IN progress
since tuesday In the United States
District Court, to show that the liquor
hrm bought whiskey with knowledge
that the internal revenue tax upon IL
had not been paid. When the hearing
is resumed this morning an effort Will
he made by District AttvrncS L. L..
Lewis TO prove that some of the pro
Duct of the Darbytown Distillery was
conveyed to John Thompson's rectify-
ING plant by means OF pipe. which
was ostensibly installed 10 give hot
water TO the distillcry in cold weather
SHORTY after the opening of the at
ternoon session, District Attorney
Lewis asked Benjamin. +. Atkins. a
special agent of the Revenue Depart
ment. If pipe existed between the dis
tlllery and rcctifynE plant
Before II. NJ smith Jr.. of counsel
for the defense. could object. witness
mad replied III the affirmative Attor-
ney Smith moved the court TO rule out
TINS evidence. declaring it to be ir-
relevant to the Kelly case. and would
prejudice the defense before the Jury.
Evidence Admitted.
The District Attorney declared IL
should be admitted, and stated TO the
court that the government would try
10 prove that this pipe was the means
of conveying whiskey on which no
taxes had been paid, and that fl was
bought by Kelly with the knowledge
of this alleged fact.
Agent Atkins had been or tho stand
for nearly two hours when this testI-
monew vas brought. In slew of the
fact that this opened IL new point in
the case and Will likely consume some
time. Judge Waddill. after ruling tina,
me evidence be admitted. dismissed the
witness who Will be recalled this
morning
This point will be denied in toto
After court adjourned Mr.. Thompson
declared that the pipe in question had
no connection whatsoever with his rec
tifyins plant.
The hint OF the purpose OF these
pines caused a mild stir in the court.
where small crowd had gathered 10
witness the proceedings.
rms is an unexpected turn in tho
trial. and It is likely tho remainder or
TINS week and part of next will be
consumed in hearing testimony Court
VIII open this morning at 1880 O'Clock
Decay Jugs.
e. p. Carter, deputy collector of row
cnue testified that he had seen numer-
GUS jugs delivered ut KclIy's establish
mcnt in East Main Street He sun
posed they contained whiskey. bIt ha,,
never seen the contents
lie was osScXamincd By the de-
tense and asked questions which re-
rated To seizure which TOOK place last
April. but as this was after the date
or the charges which appear in the in
dic'ment. it was not admitted as cyl
dence. The seizure. which was made
by carter ana Atkins. consisted OF n
wagon load OF jugs, which were opened
by the officers after they had been de-
iivercd al the mail order house. They
contained water. The witness said
further that ne and Atkins we're aware
OF the fact that these jugs were de-
coys.
The carly testimony OF Mr.. Atkins
was similar to that of Deputy Carter
hopert robinson. negro driver who
Is employed by a firm located near tho
nelly Company. was placed on tho Wit
ness stand by the government lie
corrohorated much of the testimony or
Major NJ. = Enright. declaring he had
seen whiskey delivered to Kelly on
certain dates. lie was sure of the time
pecsusc he mndc notes at the instance
of Major Enrlght
The evidence thus far has cmbra ced
the Introduction of numerous reports
made to the department by revenue
officers who collected data last winter
and spring against the Kelly Com
pany.
There are three indictments against
inc company. which include over 40
counts. The concern is alleged to have
nouEht un-taX-paid whiskcy, to have
tailed to make due records as required
by department regulations and sundry
other violations Of the internal revenue
code.
About $4,000 gallons of liouor arc
said TO he involved and it is claimed
N.Y. the government has been de-
fiaudcd OF about $4,000
The government may finish its case
to-day. but the new turn of affairs re-
latins to the pipes may cause the ties
limohy TO he much more lengthy than
was at frs, expected