The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-14
court WOULD NOT
AID NIT EVIDENCE
Matters Relating to Darbytown
Distillcry Not Gerrnane to
Kelly Case.
HEARING DRAGs SLOWLY
Question of Crediting Sales Is
One Point at Issue in Liquor
Trial.
DRAes SLOWLY


Further attempt was made yester-
day afternoon by the government in
IT'S case gains the Phil G.. Kelly Com
pany. Inc, now in progress In the
United suites District Court. to drau
into the trial evidence pertaining TO
me operations of the Darbytown Dis
tllery and John ~Thompson's rectIfyinr
plant in 1lenrico county. Judge Wad-
dlii refused to admit This testimony,
despite argument by District Attorney
Lewis that II was material. r. Al.
smith, Jr- and George T., Hanson,
counsel for the defense, each argued
against the admission Of such eyi-
dence.
Towards the close of the session the
prosecution introduced Deputy Collec.
TOR j. j. Ora keford as a witness. The
district attorney began a question. but
upon reaching the name of John
counsel for the defense
quickly objected.
Pertaining to Entries.
while by the attorneys
We're In progress the Jury was dis
missed from the courtroom in order
nor 10 prejudice the case aea;ns, The
defendant company. 1t was pointed OUT
pS the defense that since the last Two
couhts'agatnst Kelly, charging the pur-
chase of distilled spirits, had bnan
stricken from the Indictment the re-
- counts pertained Only to
aiiegco failure on the part of the dis
~tributing house TO make certain on.
tries in Its books as reoutre nv
statute. Deputy Drakeford was on tho
stand when court adjourned until this
morning at IL o'clock.
me progress of the trial is dragging
slowly. The government Will likely
coheiuue It's case to-day with the In
PRODUCTION Of tho evidence which IL
now being complied by six clerks or
tne southern Express Company show
ing of the Kelly Ompany
curing the period covered in the in
dictment.
IN the course OF Yesterdays pro-
ceedings Attorney Smith protested
asaihst me Introduction of the vast
amount of documentary evidence which
was not in the original form. 1t was
pointed out by the defense that the
original forms wanted had been mis-
placed. The court held that IN lieu
OF the originals copies were admIs-
The defense is contesting almost
every point In the trial. Clashes he.
tween counsel have been frequent.
considerably delaying the case.
s~nloonkccpcr Testines.
p. II. Mcclure. of the arm or Nc.
Clare & Sullivan. ~saloonkcepers at
seventeenth and Franklin Streets was
one OF the principal witnesses for the
government yesterday afternoon. BY
MIN 1t was attempted to prove that
Kelly had sold in October, 1909. two
Kegs of spirits. one OF rye and one
OF gin. and that the defendant com
panE had failed TO make entry OF 1t on
me prescribed form of the revenue de-
partment.
McClare testified that he had bought
the liquor in question. but that IL had
been bottled by Kelly before delivery.
inc government c~ontended that a rec
ora of this sale should have been made
In kellY's wholesale department. while
the defense said It should have becn
credited in the books to kclly's retail
department.
By the aid OF testimony Of s. +
Chapman. special cnploye OF the reyc-
nue. service. formerly in this district.
nu, now attached to the office in Phil
adeiphia: w. w. Anderson. special
suager. and G. T.. Carter. deputy col
lector. evidence was adduced 10 show
that no entry at all had been made of
the sale by Kelly.
BY evidence yesterday morning taken
from the testimony oil Il. A.. Stumpf.
IT. representing the Merchants Cold
storage and Ice Company. it was
shown that Kelly. during the period
covered in the Indictment. had bought
$4,000 gallons of distilled water. while
his records were alleged to have shown
only 1900 gallons of spirits handled
during hat time.