The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-15
BARTON IS GUILTY
ON THREE COUNTS
Jury Quickly Reaches Verdict in
Case OF Government Kcvc-
nue. Official.
PRISONER HIS OWN LAWYER
Sentence Suspended by Court I'm
til Harper Case IS Con
cludcd To-day.

Joseph H. Barton. tho government
Distillery. was found guilty or criini-
nal neglect Of duty and violation "f tho
internal revenue laws by the jury in
the United states District Court yes
tcrday morning After celebrating
for twenty minutes Tho jury returned
q verdict of guilty on three Of the
four counts Of the Indictment Bar
ton was acquitted on the most serious
charee-conspiracy 10 dcfraud tho gov
erqment Of its tax on wAiskcy. SEN
tencc was suspended by Judge Wad-
dill, pending the outcome Of the tria!
of +. W. Harper, proprietor Of the
Beaver Dam Distillcry.
For each Of the counts upon which
Barton has been convicted he is l!abl"
TO heavy fines and prison terms OF
from sis months To three years. 50
that he can receive a minimum SEN
tcncc of eighteen months in the Fed
erai penitentiary or a maximum term
OF nine years. Iiarpcrs trial viii be
taken up again this morning, and a
verdict viii probably he reached be
fore night. Judge Waddill is expected
to sentence carton tomorrow morn
ing, fixing lIarpers penalty ut the
same time IN the event that he is
found guilty BY the jury. The latter's
cause IS believed TO have been prcju-
diced by his disappearance from the
city during his trial. his arrest yester-
dag and the conviction Of his alleged
accompla,c. Barton.
Evidence Cumulative.
Harper and Barton were indicted for
defraudinG the government OF it's tax
on whtsl5ey made at the Beaver Dam
Distillery. Revenue Officers Pierce and
HausbrouGh gave on the stand an ac-
count OF their raid on the distillcry.
the capture OF a wagon loaded with
unstampcd barrels OF whiskey. ana the
absence Of Barton from the plant while
it was in full blast. They swore
that they found tho government locks.
which ought to have been sealed when
the storckecpcr- 9augcr left tho build
ing, open.
Barton. who claims to be member
Of the Pittsburgh bar. conducted his
defense from the lawyers table in a
sktlful manner Although he took the
stand in his own behalf Yesterday
morning he did not examine himself.
bat submitted TO the qu!zzing III United
states District Attorney Groncr ana
his assistant, Hiram NJ Smith Bar
ton gave his evidence III the shape Of
statement delivered To the jury in
his capacity rs lawyer for the de-
tense. When he took the stand he
simply swore 10 the truth OF the state
mcnt and told the court that lie wished
that TO be regarded as his narrative
testimony.
Hnrt0n Denies Guilt.
Barton admitted that lie left the dis
tillcry without closing the govern
ment locks on valves and fermcntors.
iIc justified himself by saying that he
was taken i'll suddenly ana knowing
that there was no more meal in the
house with which TO make fresh mash.
he felt that he was not taking "A rsl;
~ leaving the plant to operate in his
absence. There had been a break
down At the plant in the morning and
:iarpcv. he said. wishtd to work over
time TO do tho full days distillnE. AS
lie felt too Ill TO stay Mt the plant. he
went home and LET, Harper to com
pletc the run.
The jury apparently accepted his
declaration OF innocence OF conspiracy
10 dcfraud the government. but felt
that he should be punished for his
violation OF the internal revenue laws.
aich forbid storekceper- eaucers To
leave distilleries without closing every
government lock.