The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-18
GOVERNMENT WINS
POCAHONTAS SUIT
Big Petersburg Disti1lery Con
hscated as Result OF
Revenue Frauds.
STRONG CHARGE BY COURT
District Attorney Groner Brands
Evidence of Defendants Wit
ness as Il Lie.

| The Federal government yesterday
won its suit In the United States Dis
trict Court for the confscation OF the
Pocahontas Dlstillery. in Petersburg.
for violation of the internal revenue
law with intent TO defraud in evading
the payment of tax on whiskey. The
jury reached a verdict in Il surprising
ly short time, remaining out OF the
room only thirty minutes. The Poca-
hontas is one of the largest grain dis
tiilcries In Virginia. 1t is expected
by the revenue authorities that the
fight Will be carried higher.
Robert H. Talley. counsel for the
distillery, will argue grounds for set
ting aside the verdict before Judge
Edmund waddim. Jr., in the United
States District Court this morning, at
10 o'clock. MIR. Talley bases his hope
for an appeal on what he called the
courts misinstructions To the jury.
PinIn Charges by Court.
In instructing the jury. Judge Whd-
dill stated that the mere fact that
fermenting beer was found in the
"slop" tank warranted verdict for
the government.
No criminal proceedings have been
Instituted in this case. Since the gov
ernment has succeeded in confiscating
the distillery for frauds. it is con-
sidercd highly probable that the district
attorney will attempt to establish the
responsibility OF the owners.
BY previous agreement. the govern
ment Will take the cash equivalent OF
the focahontas Distillery at the time
it was seized in June instead Of the
plant itself. Immediately after Col
lector NJ. X. Lowry ordered the seizure
for revenue frauds. United States Dis
trict Attorney Groncr instituted In
rem proceedings for the confiscation of
the property. To prevent loss TO the
Ia fri io1
Judge Waddill allowed the Pocahontas
to resume operations under bond with
Collector Lowry.
The jury which considered the evil
dence was composed OF Bruce Bowe,
Alvin NJ. Smith. Robert S. Ryland, w
C. Parkinson. j. c. Butzner Lewis ID.
Aylctt, John II. Charlton. George w.
Warren. H. s. BinswanGcr w. :. Shell
ton. Fred Pleasants and H. Theodore
EllysoI.
Negro IA Stnr Witness
Technically the Pocahontas Distil-
lery was confiscated because OF viola
tions OF the laws governing the manu-
facturc Of distilled spirits. In ordin-
airy language, the government brought
suit because the revenue officers dis
covered "slop" tank high up on the
outside of the plant to be full of fer
menting beer. The distillcrs defended
themselves on the grounds that the
beer was pumped there by accident.
but the government claimed that IL
could only have gotten there by de-
sign.
The defense introduced its main wit
ness yesterday morning in tho person
OF Ed. Whitaker. negro, and lost.
Whitaker who is a puinper In the Po-
cahontas, took the stand and swore
that he had pumped the beer into the
tank through negligence, and that no
one besides himself was aware of that
fact until its presence was discovered
by Revenue Agents Pierce and Hans
brough on the night of June II. He
told Il cerful story and resisted the
stormy cross -cXaminatlon with un-
usual composurc He tripped in one
or two minor details. but in the main
ho retired from the stand with his
story mistaken.
Calls Evidence - Lie"
Whitakcr's evidence WAS branded by
United States District Attorney Gron-
er as n lie when he came to make the
closing address to the jury.
That stolid negro has been we'll
coached in that story" said Mr. Gron-
er lie told it we'll, but it was all a
lie. If you believe his evidence
against the testimony of expert reve-
nue. officers you will return a verdict
for the defendant If you put faith In
the statements OF Pierce and Hans
brought that beer could not have been
pumped into the "slop" tank by ac-
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