The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-10-12
LOWRY'S OFFICE
CRITICISED BY
JUDGE WADD|Ll
Says Collectors Force Not
Cooperating in Prose-
tution OF Cases
CHARGES TO GO TO
Acknowledgement
Memoranda is Result Of a
Prosecution in Which the
Collectors Son Was
Counsel

Judge Edmund B. Wadd'n yester-
day morning filed memoranda with
the clerk OF the United States Dis
trict Court. with regard to the case
of the government against four dis
1illers, charged with concealing dis
titled spirits, the court taking the
view that the office OF the collector
of internal revenue, of which Mr.. Nj.
X. Lowry Is the chief. with offices IN
Richmond, IL not cooperating with
the government and the revenue
agents In the prosecution Of such
cases. but that the men under the
collector OF internal revenue, or a
number OF them, are generally used
by the defense to thwart the efforts
of the government The statement
fled by tho court, 1t is said, Will very
likely result In an investigation OF the
office OF the collection of internal
revenue.
Il am not altogether taken by sur
prise In this matter" said MI Lowry
last night. when the action by Judge
Waddill was called to his attention.
Il have for some time heard talk
Of these charges against my depart
ment. but am little astonished that
the court has taken them seriously.
l invited an Investigation of my Of
nee. suppose the AElloii VI tiiF
court will mean as much. as 1t could
hardly pass unnosiced. l shall make
a written statement. perhaps. later.
AT present ! do not think 1t wise to
make any statement other than this.
Cases Heard Last Week.
The cases cited by Judge Waddill
were all heard last week. with va
rioua results. Thess cases were des-
ignated al the United States against
- l. In Aszaf "A n ran
against w. McHughes and against
A. w. Jones q ais The laat named
case resulted in hung jury. and was
selected by the court as the subject
of lengthy comment
The court takes up the evidence
in this case with the statement that
1t grew out Of frauds IN connection
with the Pocahontas dissillery and
the Pocahontas rectifying establish
ment near Petersburg. The indict
ment against those connected with
tho case included A. w. Jones, Burt
Jones and Stephen Bullock.
Jones was the superintendent OF
the esfabIfshmenr WIN INC other
two, who are named as lahorers. he
was indicted specifically for conceal
ing Ave barrels of whiskey on which
the tax had not been paid.
Stoddard Lsft in Charge.
j. A. Pierce. a special gauger for the
government made the report Of the
case and on finding what he supposed
to be concealed spirits. reported the
same to the Petersburg office. which
sent to his assistance Stamp Deputy
Stoddard. of that city,
According to the evidence Pierce left
Stoddard in charge of the third floor
OF the establishment while he went
below to check up the distifiery.
Va attnArtnfanAenf
the distillery while the investigation
was in progress and with the assis-
lance OF Stoddard. notes the court.
started up the work OF rectifying and
cut the proof OF certain spirits and
dumped the same unto the tank on the
lower foor from which II was alleged
the five barrels In question had been
heretofore taken.
THE government case thus turned
on whether or not 1t was true that the
whiskey in the barrels was there by
accident and belonged to the rectifier.
and had been taken as claimed from
tank No. L. for the purpose stated.
"The cutting OF the proof OF the
spirits and refilling tank No. /, Is OF
moment. since the governments case
was largely based on the fact that that
action enabled the defendant to des-
troy the evidence of guilt by raising
impossible to tell whether the whiskey
in the five barrels came from II or
not"
asss Aided Ths psfsnss.
In continuing comments the court
further adds that these facts show the
importance to the government OF why
its representatives should have shown
the utmost diligence. looking to the
detection OF the alleged ofrense.
THE case was within COMPARE
lively narrow compass and consisted
largely OF testimony showing the active
effort on the part of the deputies OF
the revenue agent to make out the
governments case. and on the other
hand In what appeared to the court to
be an equally active and even more
earnest effort on the part OF the force
OF the Office Of the collector OF internal
revenue. having especially to do with
these matters. to aid the defense
six of the employees OF the collec-
tors force. consisting OF the collectors
chief deputy. three deputy collectors,
uwo OF them being division deputies).
two store-keeper's gaugers. ono OF
them store keeper gauger at the dis
ttilery, appeared as witness for the
defense. some OF them being used in
an endeavOr to impeach the testimony
Of the governments chief witness, Mr..
Pierce, as to what he saw OF the wagon
and team referred to; and also in
other minor details In the case; and
one division deputy. MIR. Southwark,
was even used AZ an expert witness In
behalf of the defendant to disprove the
governments expert testimony.
Upon the testimony thus produced
every enort was made by the da-
Tense to withdraw attention from the
real tasue In the case and direct the