The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-12
JURY GETS BROAD
ROCK CASE TO-DAY
Examination Of Witnesses Ends
and Attorneys tIagglc Over
Instructions.
BURROUGHS CASE MISTRIAL
Panel Fails to Agree i'll Notion
Against Gauger and Is
Discharged.

rem proceedings against the Broad
Rock Distliing Company. indicted or
| i've counts for infractiuns of the in.
| terhus revenue laws. ended ut 4 O'Clock
yesterday afternoon, when both side.
! rested their cases II was cxpccte ed
that the case would reach the jur,
yesterday. but considerable differences
arose with reference TO The courts in
structlons. and Judge Waddill excused
me jury from further attendance for
the day.
| Argument win begin with tho con.
venins of court at 1880 o'clock this
morning, with the probability that tho
case viii be finally decided before adj
1ournnent for the noon hour. The
: trial against the Broad Rock Company
mas been on since Monday, and has
been closely contested. Upon the YER
uict OF the jury in tho pending action
! VIII Depend to q great extent the fat,
OIL the other three indictments against
owners and employees OF the compans
II the jury acquits there would seem
to be but little hope foI the govern.
ihcnt 10 obtain Il convection under the
remaining indictments. since all are
based largely upon the same evidence
| Mistrini In burroughs Cnsc.
| AS was expected. Judge Waddill
Yesterday morning declared a mistriai
|
orcn I. Burroughs, the government
| storekccpcr-Saugcr employed at the
| broad Rock plant. was tried OH tn,
| chafGc OF completely ia dctraudng tho
| government of the taxes on part OF the
| spirits manufactured at the distillcry
| inc case was finished Saturday morn
| ing, but the jury, after being out more
than an hour. reported a division. Be
cause of the illness OF H. w Walden
!
10 meet again until yesterday murninl;
whcn after staying out a short time
II reported again that there Was nc
prospect OF an agreement. In view oil
| this fact. Judge Waddill discharged
the jury, and declared n mistrIal Bur.
| roushs, who was kept in jail during
tho progress Of the trial. was admit q,
| TO bail yesterday afternoon
| The trial against the dis,Illinr
company was resumed yesterday morn.
| ing with the introduction by the dc.
| tense of L. w. Williams. the distillel
| of Inc plant. lie repeated the tcsti-
mony, offered 10y INN at the Burrough.
trial. TO the effect that nothing irregu.
lar took place at the dlstil!ery. II,
| denied In toto the allegations OF gov
( eminent witness Elmore, who told OF
paying Williams 81 for every barrel o!
"blooh liquor that he made.
| Corroborntcd by burroughs.
MS testimony was corroboratcd IL
large part by Burroughs, who like
wise denied the bribery charges. and
| testified TO the homes, operation OF Tho
distillery. John NJ. Rhea, manager OF
the rectifyins plant. ana collector Of
accounts for tho distillcry. testified
the distillery was legally operated. and
that none of the irregularities charg-
cd took place.
| The prosecution attacked Rhoa's
statements, and attempted 10 show
that he was in effect manager Of the
entire plant, and in that capacity re-
sponsible for everything that occurred
there. According TO Rhea's story he
took his orders from Elmorc, who was
the manager.
| Attorney George A. Hanson. for the
defense, sought TO offset the reflections
on the character OF his witness by
introducing "a number of men well
known in the city and county. all OF
whom testified 10 Rhcas good repu-
tation. The government closed by put
ting on the stand Ethclbert Elmore,
/ discharged bookkeeper of the distil-
lery and star witness for the prose-
cution.
Ordered to Destroy Records.
Under direct examination by Assist :
ant District Attorney Robert III. Tailey,
! LiIlOTc lcStlUeu tntt ne was OrOercu
by Wood, owner of the distillery, 10
destroy all tickets accompanying grain
deliveries, His orders on this point.
| he said were positive, and he de-
stroyed all grain bills by tearing them
in half. Questioned about the exist
ence of cash book described by Wood
when he was on the stand NNcdnes-
day, Elmorc stated that no such book
! as far as he knew, ever existed. and
declared furthermore that he had or
ders from Wood not to keep any books
! during the months of November and
! December The notebook, already IN
evidence, lie said was the only record
! outside OF tho one required by the
government that he kept during the
two months.
/ Prosecuting Attorney Talley pro-
duced statement from the bank with
which Rhea did business, and showed
that the record Of Cancelled checks
kept by the bank agreed ldcntlcally
1 with the notebook records kept by
Elmore of the money turned over 70
| him by Rhca Entries In tho note
book with regard to these payments
; purport to show that certain of this
money was derived from the sale OF
| block" liquor.
/ Attorney Hanson tried TO force an
admission from the witness that he
[ entered the correct weight of nil grain
brought to the plant in the daily
record that he kept for the govern
ment, but Elmore stated that he re-
corded only the grain weighed by Bur-
roughs Much more grain. he said.
was used at the distillery than APP