The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-14
Harper Disappears Half
an Hour Before Court
Convened.
MARSHAL CALLS
ON POLICE TO HELP
Squads Sent Everywhere Without
Locating Man Charged With
D efr u ding Government.
Barton Comes From Jail
to Conduct His Own
Defense.

r. W Harper proprietor Of the
Beaver Dam Distfilery. who was placed
on trial In the United states District
Court on Saturday morning for frauds
against tho government, disappeared
Yesterday morning thirty minutes be-
iore Judge Edmund Waddll, Jr.. con
Nened court 10 continue his case. He
was at liberty on $1,000 bail and free
TO come and go. United States Mar
shall Smithcrs scattered his deputies 10
the four winds yesterday and asked tho
aid of police In this city and Peters
iurg in the effort 10 apprchond him
At a late hour last night no trace OF
him had been found
Harper went 10 the oflce OF his at
torney. Robert H. Talley. In the Mutual
Building. about 7;45 o'clocl; yesterday
morning. went out and returned again
at 9:30 o'clock. Court was to convene
at 1880 o'clock, and Mr.. Talley was
preparing to introduce the evidence for
tho defense. shortly before 10 o'clock
Harper left Mr.. Talleys office 10 And
TWO necessary witnesses and bring
them to court That was the last time
he was seen.
Action Complete Surprise.
Court adjourned on Saturday after
noon before tho government had rested
it's case. Harper. TO all appearances
'"as pleased with the course the trial
vas taking and deeply concerned In the
plan OF defense. When Judge Waddill
convened court yesterday morning and
Harper failed To appear. Mr.. Talley cx-
piained his absence by saying that he
had gone to find two witnesses How
ever. when an hour passed and he did
not give an account ~ himself. un-
.aslness became apparent. and the
Judge consulted the lawyers and the
marshal
II saw my client at 10 o'clock In my
ONCE. Your Honor" said Mr.. Talley.
and have every reason TO think he
IS coming TO court ! cannot under
stand the delay. but am sure there is
some valid reason to explain IL. I Wilt
ask that you continue the case for sew
eral days while efforts are made to
locate Mr.. Harper"
United states District Attorney
Groner said Yesterday that the case
would DO continued until the middle Of
this week TO give the marshal and the
police time 10 pick up Harper { V Do
natl and r. l. Mahalcy. who are his
bondsrnen. We're notified that they viii
bc held responsible in the sum ~ $500
ir Harper is not returned TO court Mr..
,;roucr VIII institute proceedings 10
forfeit Harpcr's bond as soon as Judge
Waddil! discharges the Harper jury
from further attendance on court. OF
Hcers OF the District Court say ihts IS
q frst time man actually "t tr!al
here has disappeared
Barton His Own Lawyer.
j. II. Barton, government store
keeper -Saugcr at Beaver Dam Disti-
lcry. who was indicted jointly with
iiarper was put trial yesterday
afternoon.
While the court was s,ni puzzling
over Harper's performance Barton
added excitement 10 tho Beaver Dam
case by showing himself in the role
oi a lawyer.
please Your Honor" said Barton,
when arra!gned before Judge Waddili'
II am member OF the Pittsburgh bar,
and wish TO appear IN this case as my
own counsel"
He was given seat Mt the table al
lotted 70 counsel for the defense while
tho United states marshal toot seat
Just behind him on the first row or
benches From the tirst he displayed
a familiarity with judicial procedure.
was quick 10 object TO the introduc-
ton of Testimony, and conducted the
cross -examination OF revenue aihcors
with skill Ills intimate knowledge OF
distilling stood him in good stead
when Revenue Officers Pierce and
fIansbrough took the stand TO tell OF
alleged irregularities they found at the
Beaver Dam Distillery upon the occa-
sion Of their visit last summer.
Taken nnck to Jnil.
When the government rested It's case
late Yesterday afternoon, after having
put only the tWo o!licel ; vi tHe slaH"'
Judge Wadtliil allowed Barton the OPP
tion OF beginning his defense then or
adiourninE until this morning. Earton
chose the latter. and court was dis
missed until 1880 o'clock to-day. Ss
LAWYERS and spectators scraped back
their chairs and prepared TO depart
Marshal Smithcrs stepped up Y" thc
counsel table and laid his hand on
Earton's arm Barton was ut once
,.,,,duct.l to The IIcnrico County .GaI!.
yyner. he has been locked up since his
arrest in June. Barton did not init
mate whether he would take the stand
In his own defense. His examination
of himself would be quite unusual.
Tho evidence introduced against Bar
:on yesterday afternoon was exactly
ths> same. word for wced, that was
usca against Harper on Saturday.
cayeu;:e Ofcer Pierce was again the
chief witness.
Iyidcnc, Damaging.
on Juno /, 1919. lie had hidden him
SELF with officer IIansbrough near tho
rond about half mile from tho
Beaver Dam Distillery. ana aiter iay
ing in wait all day had captured. at 8
.,clock that night, a wagon loaded
with three barrels Of unstamped
vhiskey OF temperature indicating
recent manufacture. The wagon tracks,
when followed by the officers led TO
the distillcry. ON arriving at tho dis-
tillery Pierce said they found the plant
in fuil opcra ton, the government locks
omen and tifS government storckccpcr-
Gauper missing. Barton. the store
kccpcr- EaMger, was located the next
day at his home near the dis;illery. lie
told the officers that he had felt Gnwcli
on tho preceding day and had gone
home early In the afternoon He WAS
silent when questioned as TO why he