The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-07
BURROUGHS JURY
UNABLE TO AGREE
Continued From First rasc)

Continued From First raSc)
lery company. and was familiar with
its methods OF doing business.
No evidence had been introduced bS
the defense, said the government law
scr. to offset the damning cvidcnc,
contained in Elmorc's notebook With,
in the covers OF that book, he declared
was bound UP the guilt of the indictcc
government gaugcr II was not essen
tial to the governments case lie said
tual the letter y" entered Opposite
liquor manufactured at the dIstillcry
should be proved 10 mean BLOCKADE.
The entries, when totalcd up. repre-
seated approximately twice the amount
OF spirits which ting survey permitted
The dfe'iilory legally 10 manufacture.
ana o,v.u fsot.o"s more ,nhn ,"c amount
upon which tax had been paid
Says Figures Arc Fulsc.
Attorney ID. Lawrence Groncr, Tor
IN. "ct.... e. .irvu,ru me a,Lcnlivn vi
the jury to the fact that government
experts, after years of experience, nave
laid down the statement ana iucorpo.
rated 1t In the revenue laws, taat
hhety-siN hours of fermentation are
required for tho best results in tho d, g
tiliation OF spirits. with this ln,ita :
Lon, IT was possible for the dislillcry
In question. with the equipment at its
comma ID. to manuf~ctu only 15G
gallons of whiskcy per day.
n,t"f"s M tnc r.. euur office said
attorney Groner. show that the ;ndi,t
imnie!y li6 gallons OF spirits daily our
ing tue months of November ana i,c.
ycnber, The mote book" records OF
n ,i he said, purport,d to show
,""' average lo4 gallons or
bi"ck liquor were made at tho dis
til"ry daily in tho game period rnc
entries were therefore false on ti;cir
ihcr' nc argued. because thcy would
~, inanr II necessary for tie plant
10 manufacture $50 gallons OF whiskcy
daily, an inter impossibility witn rs;
equipment
>. =, scif-confcsscd FcIon.r
:. d.iiTore n4te book, said Attorney
Groncr attacked even the crcdulitv OF
the district attorney. 1t was a ,locu
ment. he said ''concocted by a snlf
confessed, self convicted felon, nov on
the pay roll OF the United states sov.
crnmcnt."
tie comes into this court" continued
the lawyer, with foul nlthy HANDS
no's"me from con.act with money in
ms pocket which does not belong -
him and. III a spirit of revenge fo,.
bang discharged by his employer al
iacl"i tho character OF a man. lgaijs,
Nwh"m no breath Of suspicion has until
this time been directed"
lie recalled the defendants at,ecn
Years service as a school teacher ia
indiana and of his working his w:I
through college, as evidences OF n w.ll-
spent life. The lawyer ridicucd ~
more's pose as n ''rcpc:tnnt sinner ~.
aii2inE tha errors Of his ways
III the defendant is thief, rs III
NOR" SAYS he is declared Attornrs
Gr"n"r. nc was at least an iutclliScnt
thief. Would an Intelligent; ;hict cvsr
nave laid himself Liable to a rcniton.
tlaN sentence for a paltry bribc of
81 "A barrel, when he could nave re-
csivch 1--WE times that amount just us
easily"
RIdIcuics EImorc's titruism.
Lawyer WcndenhurS ridiculed what
nc called Gilmore sliruism. as shown
hy MS story that he aided in crime
which no must have known could scno
MN @"hlnd the bars Tor NE, without
rtsriving any compensation himself
other tnhn his modest wc.klr wage
such pioty, said the lawyer, WAS incun.
ceivablc.
III his story is true. then ac is the
most self .rticing thief on record
Eut II Is not true And H. has done
verse thhn speak an untruth. he has
deliberately doctored his note book 10
make one of his lies Ill into the other.
The last instruction OF tho court.
thought ATTORNEY Mcndcnburr, to IN.
cn""t that tho testimony OF an accom-
pllcc can only carry weight whcf
SirNnS.y CorrohOrated, was sufficient u
a'qn!t tho defendant. The note book
j." said. Was clearly .doped.' as was
shown IN the entry about certain empty
narreis purchased for the distiiiery rs
paid for the barrels, $i5.I5, had been
written the words 'B. liquor" .yident-
ly. said the lawyer. with tho inten
OF making i, appear that they were
intended 10 he filled with block"
liquor.
The asal on the part Of Gilmore to
him TO his own undolng. lie called
. t'rn'loh 10 mo apparent fact that paiT
OF tho word liquor" ovcr!appcd the
signature Of John NJ Rhca Tor the
entity barrels, showing that ii was
written after the signing OF the re
rcipt
"SomcthinE Rotten in peumurk.n
District Attorney Tallcy rallied his
strongest poi.lts TO the support OF the
closing argument. Th@ attitude OF the
distiliinG company to Elniorc since
his dismissal, he thought. vas enough
TO convince any onc that there was
something rotten in Denmark"
II the distillcry was an honest ono
as I'll" defense asserts: II nothIni
wrong had been done there. 4, stands
To reason H. said. that il would have
proceeded ~ once 10 arrest Elmorc on
The char:sc of cmbczzlc ment He ma.
been dcCnsrI OF stealing from the COR
ranN; why didn't they arrest him? IN
tel! you why. They knew If he was
arrested the game was up. They could
not AFFORD 70 modest him. They were
confronted with tho two horns OF
dilemma. either one Of which meant
exposure"
Inc government lawyer drew the at :
tcntlon OF the jury TO the remarkable
fac, that when Burroughs was arrest .d
r.. ~ ilowle. vice-prcsid"nt of the
BROAD Rock Distilling Company, trnv
cled l6 miles to Norfolk IN ordcr Il
peg burroughs TO permit him to go on
MS bond II was still more remark.
aplc, he thought. tnnt he was SO anx-
i"uS to go on his bond. In view of tn
ihct az the defendant testified. tina
nc mas never met him. II conid only