The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
TELLS HOW
HE GOT HIS EVIDENCE

States. Section 3sl7 provides that .'rs7
or before the tenth day OF each month
every person engaged in rectifyins or
compounding distilled spirits shall
make. in such form as prescribed by
the commissioner of internal revenue.
return to the collector Of the dis
trict, showing the quantity of spirits
received for rcctihcation and from
whom received for rectifcation, tho
quantity dumped for rectincat ton. tho
quantity rectined. the quantity removed
after rectincation during the proceed
Ing month. and giving such other In
formation as may be required by the
commissioner OF internal revenue such
return to be made IN duplicate and
sworn to by the rectiler, and the col.
lector shall forward one OF such re-
turns to the commissioner OF internal
revenue"
For failure to comply with the stat
ute fine OF not less than $1,000 nor
more than $1,000, and imprisonment
for not less than six months nor more
than two years, is provided.
Inv As tn Rectffying.
Section 33lS provides that every
rectiher and wholcsalc dealer shall
provide book, to be prepared and
kent in such form as may be prescribed
by the commissioner of internal rev.
enue. and shall on the same day on
which he receives any foreign Or do
nestle spirits, and before he draws on
any part thereof. or adds water or
anything thereto, or in any respect
alters the same. enter into such book.
and In the proper columns respec-
lively prepared for the purpose. tho
date when, the name Of the person or
firm from whom, and me place whence
the spirits were received. by whom dis
titled. rectified or compounded, and
when and by whom inspected. and, il
in original packages, the serial num-
Der on each package, the number y.
wine gallons and proof gallons, the
kind spirit and the number and kind
of adhesive stamps thereon"
For failure to comply with this stat
ute fine of not less than 500 nor
more than $4,000 and Imprisonment
for not less than three months nor
more than three years is provided.
There are three separate and distinct
forms on which the records must be
presented to the collector of internal
revenue. Forms SEA and SOB relate
to rectification. while form 33S has to
do with the monthly report made by
the wholesaler. The majority of the
counts in the Indictment against the
Kelly Company come under section
u
is probable that the government Will
sue to recover the amount of money
alleged to be due because of the illegal
acts of the defendant. Many thou
sands OF dollars are involved, and the
case Is being watched with much In
tcrest. the courtroom being crowded
throughout the day with IN eager
throng OF spectators. Should the de-
PENDANT company be found guilty on
Df,1, hrn Af . 1,n ke
mum penalty inflicted. II will mean a
fine aSgregating $4,000
Jurors sworn.
As soon as court convened the fol-
lowing turymen We're selected from
the venire: II. V. g. Moore, II. s. Cham
berlayne, c. n b. Mitchell, George w.
Rady Samuel Stevens, l.. w. Ryland.
II. Dahl. Robert Hayden, w r.
Michales. w. S. p. Mayo, John r.
Knucliles and W. F. Binns.
Judge l.. I. Lewis made the opening
statement for the government. in
which he explained several of the pro-
visions of the law. pointing out at
the same time that the prosecution
hoped to prove that the defendant had
fraudulentiy received certain pack
ages of whiskey and had made false
entries on the government books.
II. NJ. Smith. Jr.. placed his case be-
lore the jury FOR the defense. He out
lined briefly what he hoped to prove
and assured the jurors that the lia
counts were not as formidable as they
appeared. nor would take up as much
time az might be thought. Ho held
that his client was innocent OF any
wrongdoing, and that the presence on
the government official was at all times
known.
Thomas +. Meany, deputy In the
internal revenue office. was tho
first witness sworn He testified as
TO certain documents which represented
the reports made by the Kelly Com
pany from August 1909. TO April. 1910.
the period during which tho alleged
crime was committed lie was not
cross examined by counsel Much time
was given to exceptions and argu-
ments OF counsel a to tho admissIbility
of records prior 10 August, 1909. the
time at which the alleged irregulari-
ties were first reported
Major Enright Testincs.
Major NJ. !. Enright, chief Witness
for the government, was next called
and sworn. lie occupied the stand
during the rest ot the day. and, on
the whole made an excellent witness,