The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-01-11
OD0R Of WH|SkEY
UNM|STAkEAbLE
MAJOR ENRIGHT TEsTIFiEs THAT
NO WATER EVER sMELLED
LIKE THAT.
INTEREST IN KELLY CASE
HERSMENTs PRINCIPAL W.T.
NESS HJECTED TO SEVERE
CRosS-ExAMINATI BN
MIR. SMITH.

The trial OF the case Of the United
States against Phil G. Kelly, Incorpo-
rated. charged with failing to enter
on forms prescribed by law, certain
whfskey received from the Darbytown
disti1lery was resumed at 1880 O'Clock
Wednesday morning in the United
States District Court. Judge Edmund
Waddill. Jr., presiding.
Major NJ J. Enright, who was on
the stand when the court adjourned
Tuesday evening, took the stand again
and was subjected to severe cross-ex-
animation by ii. NJ. Smith. Jr., of
counsel for the defense.
The defense endeavored to shake
the value of the evidence of the Wit
ness by endeaTering to show that the
contents of the jugs, alleged to have
contained corn whiskey. might have
been water or some other liquid, hut
the witness declared that no water
ever smeled like that. Major En-
right was employed from August II,
1909, to April /. 1910. AS a special
agent of the internal revenue de-
partment TO investigate suspicious cir
cumstances surrounding the Kelly
Company's transactions and the ct
ipi - ol tilt uSlFil1S ~ t'hhoSt iAtAA
met with little success Consider
able amusement was caused by the
| witness replying to the attorney
| questions by asking questions himself.
! Mr.. Smith asked witness how he
could be positive that the whiskey
/ received by the Kelly Company was
corn whiskey. Witness replied that
he had seen 1t on several occasions
when jugs had been broken in hand
ling, and that it was white.
! Witness corrected the statement in
We terday's testimony that the odor
OF whiskey was present all the time.
MIR. Smith questioned witness az to
the presence of Gauger Fultz and In
spector Williams at Keliy's on March
IS, and then showed an official state
ment that these men We're engaged at
a warehouse four blocks away at this
time. 1t was explained. however.
that Major Enright had testified as
TO dates from his reports. and that
the memoranda on the report as to
these mems whereabouts was not in
his handwriting. Mr.. Smith said he
merely wished To- shaw that the ma
Jor had remembered something that
didn't actually happen"
The witness testified that wagons
frequently backed up to the Kelly es-
ia blishment with loads Of twenty-five
jugs, and that he had seen the jugs
emptied and replaced in the wagon in
the short space of two minutes.
Counsel for defense thought that
the emptying Of twenty-five four Ra l.
lon jugs with narrow neeks was 4
, physical impossihility In such shor
. space of time, but witness insisted
that he had seen II done.
At this point the defense announc-
, ed that it was through with Major
Enright
United States District Attorney l.
: l.. Lewis then brought out from tbs
witness that the wagons always APP
peared to be heavily loaded when they
arrived at keliy's establishment, ant
that he odor of whiskey was espe
cially perceptible when the Jugs. with
! out their eorks, were replaced in thu
: wagons.
Every load, witness said. was re
\ ceipted for either by Mr.. Mcclure OF
9 Mr.. Gillian signing the receipt.
! C.. r. Garter. who was with Majo
Enright part of the time in 1910 wa
then sworn. He was frequently in tn
!. little room occupied by Ma or Enrigh,
S in full view of the delivery of the jugs
| On January 10 he witnessed the de
r livery OF 25 jugs on the following da,
g he saw three loads of % jugs each de
livered, and on January = two othe
: similar loads. ...,......
: " TN March 16, at 3 A. NJ, he met on
- of the wagons used in the delivery q
q the jugs on the street He asked tn
r driver what he had on and the drive
n told him tn examine and see. He look
: ed in six or seven of the jugs, finding
s that they contained corn whisxey
: | Witness testimony was entirely cor
a roboratiye OF Major Enright through
! out.
The case will probably eonsum
a practically all the remaining part O
! tire week, ard the Judge ordered til
: Jurors who had been summoned to hea
! other cases excused until Monda
: morning at TO- 30 o'clock.
: At the conclusion OF Mr.. Carter
testimony Mr.. II. r. Atkinson wa
: placed on the stand by the govern
! ment and was testifying when tn
court took recess for lunch.