The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-07
SentBack by Judge Wad-
dill to Deliberate Again
Tomorrow.
SHARP ATTACK ON
REVENUE OFFICE
Wcndcnburg Assails Chapman's
Department for Employing
Elmorc, Who Is Roundly
Scored in Court-Refcr-
cncc to Chapman Is
Later Withdrawn.

After Weighing for m hour aud ten
minutes the evidence IN the case OF.
the United states against Orcn Z. Bur
roughs, former storckccperg augcr.
of tho Broad Rock pIauiins Company
indicted for fraud against ,he govern
mcnt the jury reported yesterday that
1t was hopcltssly divided, ana asked
to be discharged. Judge Edmund Wad
dil sr., of the United States Dis;ric,
Court. before whom the case Is be.
ing tried. declined TO dismiss ths jury
and ordered it 10 report at i0;3Oi
o'clock Monday morning for the pnr.
pose Of making another ctor; 10 reach
n decision.
In Diminishing the jury over sunday.
Judge Wadd!i stated that IL was Only
his high Regard fer tho personnel OF
tho body that caused him 10 send the
members home without Hhard. lie re-
pcnted in atrnnSe4t terms his warning
of Thursday against discussing the
case with outsiders. Jury matters arcl
secret. he said, and In the pending easel
especially 50.
Attacks Chppnnn'r once.
The decided sensation pt thc dag was
an unsparing arralennent OF the Of
ncc OF Revenue Agent W. II. Chapman
b. Attorney l. o. Wcndcnnurs. grow
Ing out or the fact brought on, Dur
ing tiIa trial that shortly after gov
ernmcn, 'w!tncss Ethelocrt Gilmore
turned !nformcr lie was given employ
Incnt III that Office as q spccial en-
ployc. IT WIS 10 the eternal shame ana
disgrace Of the United states govern
mont. said the lawyer ~ we'll IS the
branch OF that government particular
IS concerned. that II should nave pluc-
cd oil It's payroll "a solt confessed male
factor. such practices. lie dccIa red
nr-I, f- .Ia,,. NO.
ton OF tile revenue service.
There Is a feature Of this Case said
Attorney Wondenhurg, concluding his
speech for tho defense, which should
b. made the subject % the seyerrat
Criticism. refer TO the e,nployin cnt b.:
tho revenue department OF rlscnIs and
thieves. as is shown In the case Of tho
sorernment witness. Elmore. | think
IT is reelection upon Colonel Chap
mans conduct OF his department that
he should have sanctioned tie employ
Inent Of q man who testified upon GA tn
that ne paid bribcs IL Il government
officer, AMI whom his employer dis
charged because OF theft. II this is
practice 10 be condoncL, what
weight shall In the future be at
tachcd 10 the testimony % revenue Of
fcers?'
snys 1t Is Indirect Bribery. 81
Il Will even say" continued Attorney
Wcndcnburg, that II Colonel Chap
man found Il necessary TO place I'll
moro on the government, payroll in
order TO retain him as government
witness, he was himself guilty of an
indirect effort at bribery. am sorry
that this man has been given employ
ment by tho government. and be-
lieve that Colonel Chapman male
serious mistake In permitting it,
Tho lawyer spoke with all tho fire
at his command and the arrnignment
ii,, nj, -
who was present. did not interrupt to
offer an explanation which he made
later when the jury had retired to,
make up it's verdict. III the presence
OF a reporter Tor The Times Dispatch
Colonel Chapman stated to Attorney
Wendcnburs that whilo Elmoro was
In tho employ of the revenue depart
ment. subject to the orders of his Of
fee, he had no hand in employing him
and was not responsible tor his pres
encc.
lie did not know. he said. by whom
E!morc was employed. Attorney |
Wcndcnburg withdrew that part OF
his arraignment in which Colonel
Chapman was named specifically, but
thought that his criticism of tic act.
whoever was responsible for 1t, may
we'll stand.
Epithcts Flow Freely.
Epitheths, implying guilt on every
count III mo criminal tN-
cept murder. spiced the argument to
the Jury of Attorneys Groner ana
WendenburG both of whom turned
their batteries against the character
and showing of fillmore. the chief
witness for the government, whose
llttlc purplc-covorcd note book re-
vealed alleged populations, robbing
the government OF many thousa ndS of
dollars. Without Elmorc and his note
book the government had no case.
the attorneys for the defense claimed.
md they directed an unrclenting at
tack against the former bookkccpcr
OF the distillinG company.
Assistant District Attorney Robert
H. Talley fought the case single
banded for the government District
Attorney Lewis had directed the
prosecution until Friday afternoon,
when he was called home because Of
Illness in his family.
In charging the jury Judge Wad-
dill directed attention to the high
personal interest for the parties CON
cerned that attached to the decision
of the case. and advised it to give
tn phase of the matter serious con-
alteration. The testimony of an nc
complete, he sad, was admissible but
should not he considered by the jury
sufficient for conviction unless
strongly rnrroborated.
TaIicy Opens Argument.
ASS slant District Attorney Tallcy.
who opened the argument. touched
only lightly upon mis- attack In his
first speech. rcscrving his important
f1rc for the conclusion The testimony
OF Elmore, he thought. should receive
tho greatest weight, for he had long
been a trusted employc of the distil