The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-16
Distiller Convicted by Federal
Jury for Technical Violation
OF Revenue Laws.
TELLS WHY HE RAN AWAY
Prisoner Seeks New Trial on
Ground OF Error in Indictment.
Gets Ruling To-Day.

After once reporting that it was
hopeiessly divided. the jury in the
United States District Court late ves-
tcrday afternoon acquitted Frank w
Harper. proprietor Of the Beaver Dam
Distillery. OF the charge OF defraudinE
the Federal government. but found him
guilty OF technical violation OF the in
ternal revenue laws The Jury re
manned out three hours before arriv-
ing at a decision. For violating laws
governing iskcy-mak king, Harper Is
liable to fines of $1,000 and n prison
term of from six months to four years
Judge Edmund Waddill. Jr., suspended
sentence over night while lie consid-
ers Attorney Robert II. Talley's motion
for II new trial
Court Says He Is Guilty.
There remains possibility that the
verdict VIII be set aside upon a tech
nicality. though. after il was rendered.
Judge Waddiil made this announce
ment from the bench
II never saw "A guiltier man in my
life II Harper is not convicted then
We can never hope 10 get enough evil
dence To convict distiller Of tax
frauds The evidence Of his guilt is
overwhelming. IL was all | could do
10 restrain myself from instructing
the jury To return a verdict of guilty
as charged
bisrc9arding the evidence Mr.. Tai
ley raised the point that Harpcr's in
dlctmcnt accuses him OF both Il mis-
deincanor and a felony contrary To the
provisions OF law Judge Waddll an
'nounced that h. would consider this
argument overnight and render an
opinion to-day. The point raised by
the defense that the government failed
To show that Harper knew OF the
storekcepcr- -GauScr's absence from the
plant at the Time OF the alleged frauds
was dismissed by Judge Waddill
1T IS utterly impossible TO prove
what is taking place in mans mind.
except ns his thoughts are reflected
in his actions SAID the court "Har-
pcr's actions in this instance show a
guilty knowledge OF the storekecper-
gaugcr's negligence"
Day OF Scnhntions.
The last day OF Harpcr's trial ar
forded many sensations, and attracted
q large crowd TO the courtroom 1t
began on Saturday, but was inter
rupted by his hight from the city on
Monday morning. He was captured at
his home III Clarksville. Mecklcnbur.
County, on Tuesday night, and was
presented in court yesterday morning
under arrest. There is Il possibility
that his $1,000 bond may be forfeited
in spite OF his recapturc
Contrary 10 the general expectation.
Judge Waddill did not give the fugi-
tive distillcr Il rcDrimand yesterday.
As matter OF fact. he made no refer
cnce To Iiarper's conduct until after tho
jury had rendered its verdict How
ever. Mr.. Talley. counsel for tho de
fense. placed Harper on the stand at
once, asking him why he had left the
city so uncercmoniously on Monday
morning.
II received letter from home that
could not resist" answered tho dis
tiller MY feelings got the better OF
my Judgment and fled TO my home"
What did this letter contain to ere
ate such feeling in you?" asked the at
torney.
1T was a letter from my wife saying
she was critically i'll. and begging mo
to come TO her"
Harper Wept on Stnnd.
Judge Waddill at once ordered the
last question and answer stricken from
the record. but il had already reached
tho jury's ears. Harper broke down
at this point and wept. putting an end
to cross examination on this subject
by United States District Attorney
Groncr
AIR. Talicy wound up the dcfense's
case by an able address to the jury. in
which he made every effort 10 free his
client OF criminal intent lie admitted
Continued on Eighth raye)