The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-07-07
WAODILL DENIES
WOOD NEW TRIAL
Overrules Motion to Set Aside
Verdict in Broad Rock
Case.
TO BE SIN ENCED SATURDAY
End OF Long Trial in Sight.
But Defense VIII Take
Appeal.

Judge Edmund Waddnl Jr. in tae
United States Distric, Court yesterday.
after listening to two hours Of argu-
men, by me defense over-ruied the
motion TO set aside the verdict OF the
Jury. which on June IL found clar-
/ ence &. Wood and associates guilty OF
/ Violations OF the Internal revenue laws.
/ Attorneys George a Hanson and L
( ~ Wenden5urg maze the arsument for
the persons named in the indictment
The jury found Clarence Z Wood.
owner. John u. Nne4. manager. ana L.
I ". Williams, beer-runusu. VI the
/ Broad ROCK DiSt.lIng Company OF
Chesterfield county. guilty Vi! t.So OF
/ the Numerous counts contained IN the
lHnictme"t. ine n.st. charges tne men
named w!tn operating i dis.AI=ry
N'ltn the intent u oeIr-ud.ng tne gov
ornnent o. part u TAG lax on spiflts
manufactures there. ana the second.
with making fG!se entries n the DOoks
required - De kept ~ tAe revenue &c
partmenl 4 verdict sG!nst the de-
PENDANTS was brought IN an hour at
/ ter the case was given to the jury,
7 ana sentence was deferred By Judge
( W ADAM 20 permit hearing On the
motion 10 set aside IN. verGlct, srgu-
] !-eAt on Wn!ch was set Tor yesterday.
10 pnss Sentence Saturday.
Immediately following thc ruling o.
Jrdse Waddl.l yesterday. counsel for
the defense served notice that they
/ VIII NE { bill OF exceptions next sat
urday. Court Will convene FOR this
purpose Saturday morning. al which
time Judge Wadt!n VIII pronounce
sentence Upon the prisoners
Tho penalty provided by statute for
? ,Hf.
T which We're sustained. IS q iiae OF from
( $500 10 5000 and Imprisonment FOR e
! period Q: not less than six months and
not more than taree yeaSs
Attorneys to- the defense stated yes
terday taat steps XII! be taken at once
L carry tne case either 10 the Cir
, cult Court Q; Appeals. or 10 the Su-
! u enc Court Of the United states. The
J nrst count upon which conviction was
found. il :. cig.med. involves a con-
3 stitutlonal tight, and may DC properly
teEen 10 tho highest tribunal OF the
. country for adjudication.
Cnnaot Punish Twice.
Attorneys Hanson and Wendenburg
asked that the arst count upon which
Wood was convicted be thrown out,
+ since under It the government propos-
+ &c to punish him tw!cA for the same
+ oftense. They summoned &c their sup
port The constitutional provisions
against placing any one in jeopardy
more than once for any single crime
and quoted court decisions interpret
NJ the term Jeopardy" IS used r. the
Constitution as being equivalent 10
punishment"
Since wood has already been pun
-shed FOR the crime Of which he
stands convicted by the seizure and
conhscztlon OF his d.st.llery. he can
net therefore It was insisted by his
lawyers be punished anew FOR the
same onense, as It was now proposed
IA do
In overruling this objection Judge
Wadd!ii expressed some doubt as 10
the proper course ne should pursue.
but held that the point was too deli
cate 10 be passed upon BY the trial
court
Employees Not Distillerr.
Exception was also taken 10 the
first count, which indicted all the per-
sons as dist!ilers. whereas. it was
claimed they were merely employees
r .rHo ~