The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-06
Convic ted Distillers Spring
Agreement Sensation, Which
Federal Court Rejects.
AFRAID TO GRANT THEM BAIL
Judge Waddill Holds Former
District Attorney Was Wrong
in Action as to Writ Delay.
Photo by Foster.

Luther w. Williams and John M.
Rhea, convicted in April, 1912. of com
plicity in the Broad Rock Distilling
Companys revenue frauds. yesterday
appeared in the United States District
Court and were committed by Judge
Edmund Waddill. Jr.. to tho custody or
the United States Marshal They were
taken yesterday afternoon to the Hen
rico county Jail for safekceping over
night. This morning they will leave
IN care OF two deputy marshals for the
rederai penitentiary in Atlanta, Ga. to
Degln service of their sentences VIII
iiams has twelve months and Rhea
eighteen months to serve. Both were
fined $500.
L. .: Wendenburg. attorney for tine
TWO distillers sprung sensation in
court by an eleventh hour fight to
keep his clients from prison yet a while
longer. He produced in court n writ
Ten agreement, drawn UP two months
AFTER Wood. Williams and Rhea We're
sentenced In the District Court last
year, between Lunsford l.. LOWS. then
~, Chi'ed states District Attorney ana
MI. ehdenburg. by virtue OF which
the government agreed not to demand
Wits or error in the cases OF Williams
and Rhea, but to allow the Supreme
courts action on Clarence b. Wood 8
appear to apply equally to the other
a
writ or error several weeks ago
No Off-Hnnd Decision.
Judge Waddill. who appeared sur
prlsed to learn of the existence OF such
document refused to settle the cues
tion on-hand and adjourned court un-
III o'clock. He was detained in con-
ference with United States Circuit
Court Judges and Judge Lewis. and did
not take his seat on the bench until
o'clock. He then announced that he
was unable to take any action on this
agreement. which was not Il part OF the
court record and which was not drawn
up until after sentence had been passed
on the two defendants
Williams appeared deeply affected
by the decision, but Rhea heard the
Judges words with apparent uncon.
Germ Both are men of family. Fol
lowing the announcement OF the
courts decision not to further inter
fere in the execution OF the sentence,
Attorney Wendenburg requested in be-
half OF the two distillers delay OF
ten days in order that Williams and
Rhea might wind up their personal
affairs before beginning service OF
their terms. This was opposed by AS
sistant District Attorney Smith. who
insisted that the court had no mower
to release the defendants on bail after
the Circuit Court had handed down
Afraid to Rail Them.
ITO be perfectly candid" said Judge
Waddill. Il would bo afraid to ad
init these men to bail If 1t were In my
power. 1t is not however, discretion
airy with me. They can arrange with
the marshal not to leave for Atlanta
for ten days, Ii they choose, but they
must remain In the marshars custody
during that time. The same REQUEST
was made in the case OF the New York
banker. Morse. The court agreed TO
allow him some short time in New
York to conclude his extensive finan-
cial interests. but he was kept as
prisoner In the Toombs If grant
the ton days grace, the defendants
must spend that time In the Henrico
Jail"
After consultation, Williams ana
Rhea announced through Mr.. Wenden-
burg that they would nrofnr going
Immediately to Atlanta, if they would
CONTINUED On Second Page.3