The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-01-12
Atkins Testimony is Not Ad-
mitted in the Trial of
the Kelly Case
DEFENSE HEN
WlTHDRAWS OBLIGATION
Judge, However, Insists That
the Kelly Company and Not
the Darbytown Distillery
is Now in Court

When the trial OF the case of the
United States against the Phil q.
Kelly Company. Incorporated. charg-
ed with buying whIskey on which
the internal revenue tax had not been
paid. was resumed Thursday morn
ing In the United States district court
the spectators. attorneys AND court
officials were intensely interested in
the pipe line sensation which had
been sprung In Wednesday afternoon
evidence OF Special Treasury Agent
Benjamin F.. Atkins
This line of testimony had been
objected to by counsel for defense
and Judge Waddill withheld his rul-
ing until this morning when, in de-
citfiIng TO admit evidence as to the
pipe line" the judge said that the
inquiry AS TO the pipe line was as to
a distinct offense, constituting
charge of the greatest gravity. The
law provides. said the judge, just
what pipes are to be used in d dis
tiiiery. and just what shall be done
with them SO clearly that he who runs
may read. 1t sets out what the pipes
shall convey. the color of each pipe
and the purposes of their use. Under
the law not pint of whiskey could
be manufactured that isn't conveyed
directly TO bonded warehouse. where
II Is registered. and the tag has >te -
paid when IL 10 taken out
Serious Onense.
IL any other pipes were used in a
distilIery than those provided by law
in the manner suggested by the line
OF evidence under consideration then
tho gravity of the ofrense was serious
in the extreme The orfense was more
than one OF removing the product
from the distiiIery. II also implied
he vfs~s Of hn fA
flying establishment
Owing 10 the serious nature of the
averment, he did not think the Kelly
case should be encountered by IT. tn"
court was OF the opinion that. in order
to have entered into this phase OF the
matter at this time. there should have
been an indictment for conspiracy.
AT the conclusion of the Judges opfn-
don, Mr.. IL. NJ. Smith. Jr., Of counsel
for defense. created the sensation Of
the morning by withdrawing all OH
lection to the pipeline" line of in
CURRY. He asked the judge to permit
the jury to retire so that, in Justice
he said. to all concerned. he might
make a statement with reference 10 the
matter.
The-court held. however. that he had
said all to the jury that should or could
be said with reference to the pipe
line" and declined to permit a conttnu-
ance OF such line of testimony. Judge
Waddill stating that the court was try
ing the Kelly case now and that moth
ing would force him to go into the trial
OF the Darbytown distIllery now.
W. A Mahegan, agent for the South
ern and Adams Express Companies,
was then placed on the stand.
Express Agent "Dojng sums"
The prosecution sought to show by
Mr.. Mahegan the amount of ship
ments made by the Kelly Company
by THE Southern and Adams Express
Companies. The prosecution sought
to have the statistics given in lump.
but the defense insisted on detailed
figures. urging that lump figure
would not give u fair idea OF the
character of the shipments. whether
wine. whiskey or what not The con-
tentien OF the defense was upheld and
a large part OF the morning session
was consumed by Mr.. Mahegnn do
ing sums In addition. In fact, when
court adjourned for lunch at 1890
Mr.. Mahegan was still figuring. and
will probably be on the stand the
greater part OF the afternoon II
is unlikely that the prosecution wills
rest until Friday evening. y
Wednesday afternoon.
The sensational feature of the Kelly
when. with Benjamin +. Atkins. a spe-
ciai agent OF the treasury department,
on the stand. United States District
Attorney Lewis asked II there was
not a pipe running from Darbytown
Distiliery to John Thompsen's recti-
flying plant.
Before counsel for defense could
tnterpose an objection witness re-
piled that there was such a pipe.
Mr.. Smith asked the court to rule
out this evidence on the ground that
1t was irrelevant to the Kelly case
and would serve to prejudice the jury
against his c1ents. Judge Lewis ar
gued for the admission of the evil
dence, stating that he would endeavor
to PROVE that this pipe, which had
been put In for the ostensibie pur-
pose 81 conveying hot water. was real
~ used for conveying whiskey on
which no tax had been paid and
that such whfskey had been bought
s5y Kelly with the knowledge of this
alleged fact. Judge Waddili admitted
the evidence.