The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-01-19


transactions OF many months will have
TO be considered. some irksome work
Is ahead of the court.
Inc Kelly Company, on some days.
made hundreds OF shipments. II ali
Snese details are gone into, things will
orag mlghtily. Even supposing that
only the total shipments for each dav
some.
Early in the trial today a halt had to
Se maze so that various figures could
De aoded, and the end is not vet. Arith-
nneuc as well as law now figures in
the 1nqutsttion. -
It may not prove embarrassing 70
EEote that great deal OF the Kelly
ctOinpanys corn liquor has gone South
20 irrigate the Sahara-like throttIes
or North and South Caroiinians
AT the outset of the trial this morn
~ is, Judge Waddill, who is presiding
IN me District Court. announces inaI
ne had decided to reject the evidence
OA yesterday which created the fmprcs-
town Distillery was conveyed to JoSn
Iahompson.s rectifying establishment by
means OF a pipe. -
The Judge reflected on the matter
oyernlght. He finally concluded that
wiener or not the Kelly Company got
Whiskey from Thompson's distiileSv
charges as to Irregularities at the dis
hS,llery are not relevant to the case at
cs siio,, A1toioentaiIy, the judge took oc-
Saslon 70 say that the use Of a pine
Tor the purpose suggested would he a
gross violation Of law.
are contesting every POSSIBLE noi0f s,d
conceding nothing. They are maxim
the the prosecution clearly and unequi9
NVSaliy prove every allegation.
AT the afternoon session Of the
united states District Court yester-
uay' the Government sought to prove
IN the case Of the Phil G.. Kelly
Company that the defendant concord
had bought whiskey with knowIedpe
mat the revenue tax upon it had not
been paid.
certain question asked Special
agent Benjamin +. Lewis. OF the
Revenue Department indicated a pur-
pose TO establish the fact that some
OF the alcoholic output OF the Darby
Town Distillery was conveyed to John
Ihompson's rectifying plant by means
OF a pipe, which was ostensibly in
stalled 10 give hot water to the dis
tllery in cold weather.
District Attorney Lewis. quite nm
expectedly, il appeared. asked REEVE
nue. Agent Atkins if a pine ran he
tween the distillery and rectifying
plant Before II. NJ. Smith, of coun-
SCI Tor the defense, could head Off
reply with his objections the witness
answered in the affirmative
Lawyer Smith forthwith moved the
court 10 rule out this evidence. which.
ne insisted, was irrelevant to the KEEL
~ case, but nevertheless, calculated
TO ~rejudice the defense before the
jury.
Judge Lewis, speaking fer the pros
Scuuon, insisted that the evidence
should be admitted. He announced to
the court that the Government would
Try 10 prove that this pipe was the
means Of conveying whiskey on which
no tax had been paid. He further
said that effort would be made TO
prove that the whiskey was bought
by Kelly with knowledge of the sun
posed violation Of law
Judge Waddill ruled that the evil
uencc might be admitted.
special Agent Atkins, after he had
sprung the sensation alluded to- was
allowed TO withdraw with the under
standing that he would be recalled
today.
Following the adjournment of court
MIR. Thompson declared that the sus-
picious looking pipe referred TO by
necuon whatsoever with his rectify-
ing plant.
For some months past, 1t seems. the
Government has suspected some of
the local distilleries of defrauding I'm
Gle Sam through the medium of in
geniously arranged pipes, seemingly
used for supplying water, but up to
the present time nobody has been
convicted for such an offense. How
ever. I'm view of existing conditions.
commissioner Royal /. Cabell. on the
occasion OF a recent visit to this city.
issued an order to the effect that all
such pipes must be removed from
d'stilleries after May LIST.
when the Government agents are
not present the liquor in all the dis
tlleries is under Government locks.
but these locks are said to be simple
N structure and easily opened.