The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-30
G0VERNMENTGE
BROAD ROCKP PLANT
Distillery Company Withl-aws
Motion to Set Aside Verdict
i'll Federal Court.
JURYS ACTION SUSTAINED
United States Will Proceed Now
to Conhscatc and Sell
Liquor Property.

Abandoning the fight for the property
Of the Broad Rock Distiiling Company
OF Chesterfield county. Attorney George
y. Hanson. for the defense. withdrew
yesterday his motion to set aside the
verdict rendered by the Jury In the
United States District Court. finding
the defendant company guilty 81 violat-
ing the revenue laws. The defense
raised the question OF Jurisdiction. and
was 10 have argued its molten to set
aside the verdict before Judge Edmuna
Waddlil. Jr., yesterday.
The withdrawal of the motion puts
an end " the in rem proceedings OF
the government against the Broad Rock
Distilling Company. which consumed
more than a week of the courts time
and ended only after q vigorous fight
The company was indicted the
charge of evadsng the tax on certain
quantities OF spirits that it manufac-
turei and with fling fraudulent bond
with the revenue department Tho last
charge was later withdrawn.
VIII Probably Sell Plant.
With the sudden abandonment of tin
contest the jury verdict is sustained.
and the United States VIII proceed TO
connscate the buildings. machinery.
appliances and other property Of the
plant. and after advertising the OUTFIT
for sale. will dispose Of it To the high
est bidder. At the time the verdict
vas rendered. more than TWO weeks
ago. II was stated positively by the
defense that Tie case would be taken
to the Court OF Appeals. Yesterdays
moved destroyed the possibility of an
appeal. and the case. as far ds the in
rem proceedings are concerned. is
;:nally settled.
Three indictments are still outstand-
ing against Clarence z. Wood, presi-
dent OF the involved distiliery: john
NJ Rhea. manager of the rect!fying
plant. and l. W. Williams. the distiller
They charge the officers. as we'll as a
number of employees. with uniawfully
aiding and abetting the removal of
untaX- paid spirits from the cist.rn
room Of grain distillery 40. .. of the
Broad Rock Distiilins Ccmpany's plant,
in Chesterfield county. TO q place other
than tho warehouse designated by law.
One Indictment charges Clarence b.
Wood and John N. Rhea with engaging
unlawfully in the business OF rectifiers,
and another alleges that Wood. on SIX
specific occasions, paid money brides to
the government storekeeper-S auger,
oren T. Burroughs. in ordc" 10 induce
the latter 70 permit certain quantities
of liquor to pass by un'aNed.
VIII he Tried June y.
Judge Waddil VIII mold special
term of the United states District
Court beginning June 5. for the pur-
pose OF trying the owner and employees
Of the distillery on the three indiet-
ments now pending. While the case OF
the government will be practically the
same that 1t was in the in rem pro-
eedlngs. which resulted in the convic-
ton OF the distillery. the Mho!e story
will have to be- gone over again before
the new Jury. which will be permitted
to know nothing of the in rem trial.
The ,hird case growing out OF the
seizure Of the distiilery in January,
that of the United States against Oren
7 Burroughs. the government gauger'
will come up at the next regular term
Of the District Court The jury could
not agree upon a verdict when the case
was tried At the last term. and mis-
trial was declared The star witness
of the government in all of the allied
Broad Rock cases is the distillery's for
mer hookkeeper. Ethelbert Elmore. who
testified that he was authorized by
Clarence B. Wood. president of the dis
,iliery, to pay the government gaug IT
So for every barrel OF block liquor
he permitted to he manufactured.