The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-15
Witness in Kelly Case
Denies That He De-
serted From Army.
HE NEVER WORE
BALL AND CHAIN
Intense Excitement in Court ae
Attempt Is Made to Discredit
Chief Government Witness.
Enright Eager to Answer,
Despite Objections by
Judge Lewis.

When Attorney II. NJ Smith, Jr., Of
counsel for the defense in tho cnse OF
the government against tho h G.
Kelly Co. Inc, now in progress, yes
tcrday afternoon asked Major NJ. J.
EnriSht, who was tcstifying for tina
prosecution. Ii 1t was not n fact that
he was accused of dcscrting from tho
Federal army during the Civil War and
wore II ball and chain, excitement
never before witnessed in tho United
States District Court here was aroused.
These and other questions asked by
Attorney Smith were denied in nd
uncertain terms by Major Enright.
The clash rose gradually ovor
protcstations and objections by Dis
trict Attorney l. l. Lewis. Judge Ed
tnund Waddill. Jr, was about to sus-
tain tile objections, but upon request
of Major Enright. an unusual proceed
ms, tho latter was given permission
to answer the questions.
EnriSht the Chief witness.
Since the beginning Of tho trial last
Tuesday Major Enright has been the
principal witness for the government.
He has been on the stand every day
and has undergone severe cross-
examination by Mr.. Smith.
Ho was further tcstifying yester-
day towards tho close of tho morning
session regarding wagons which, It Is
alleged, were delivering blockade
spirits to the liquor establishment OF
Kelly. Ho was formerly an agent OF
the Internal revenue department, n
In this capacity collected evidence
against Kelly. He was also n former
deputy marshal, and IS now a special
cniploSc of the government,
He was being closely questioned b.
MIR. Smith. as his testimony affords
the cruS of tho case against Kelly.
The lawyer grew slightly ironicaI.
You were doing detective work
when YOU secured this cvidence?"
asked Attorney Smith.
You may call 1t that" replied the
witness,
DO you consider yourself better
than any honorable man who is en-
gagged in such occupation?"
Il do not understand what o
mean"
District Attorney Objects.
During this colloQuy tho district at
torney was objecting.
'This is entirely irrelevant to the
case he declared TO tho court.
But before anything could be done
Mr.. Smith had fired another question
at the witness:
what do you say to that?"
NJ intentions were quite as honor&
able as yours, Mr.. Smith," tho witness
retorted. There was intense excite
mcnt in the courtroom.
Since you mako that reply said
Mr.. Smith. IL will ask some further
questions"
There were more objections from tho
district and assistant district attor-
neys. Hero Major EnriGht pleaded
that tho court permit him to answer
the questions. and the request was
granted.
..Major Enright.' asked Mr.. Smith,
'wcrc you in the Union army,?"
Yes Re
"Wcrc you tried for dcscrtion1'
NO
Isn't it a fact that YOU wero tried
and convicted by a drum-hcad courts
martial and wore n ball and chair? I
NO." was the reply,
Denied by Witness.
This brought about almost frantic
protcstations from Judge Lewis. but
the court ruled that tho questions
could DO answered.
80 you were not dishonorably dis
charged nor accused hy q drum-hcad
conference.-the" continued tho attor-
ney.
II have never heard of this betore,.s
was tho response.
as this news TO you?" demanded Mr..
Smith. 4
II have mover heard 1t intimated by
anybody, IN my way. shape or form,
AZ this jnncture, counsel for the de-
Tense made ii motion for adjournment,
and Judge Waddiil ordered a recess
until Tomorrow mornin ct 1880
o'clock.
Sensational and further Develop
mcnts. II is understood. will DO brought
out by Mr.. Smith, who is alleged to pe
preparing FOR a further attack upon
the governments chief witness in this
case.
Fearing trouble between the two
men, when court adjourned, Jucge
Waddill ordered Marshal Smithe-s to
station himself at tho door of the
courtroom to prevent any physical en-
counter between the men. but both 70.
tired peacefully.
The clash was witnessed by a crowd.
cd courtroom and proved a sensation
seldom seen In q tribunal with the dig
nifty which Is required and conducted
by Federal officers.
Echo OF Old Hatred.
Tho attack on Maj. Enright, 1t Is said. W
was Instituted through politicians who
have been lost to favor in Federal pa
ronagc, and It Is said to Lc a frrther
development in CHARGES which were
preferred against some employees OF
the local department. OF tho Internal
revenue service with tho civil Service
Commission by disgruntIed Repubii-
cans. What end this IS hoped to serve
Is not known.
Major Enright was e member OF the