The Washington herald., 1917-12-02
TOTERS
IN SUSPENSE AS
IS AWAIT TRIAL
Action Of Grand Jury on I'm.
portations from Balti-
more Next Move.

Developments yesterday indicat,
there will be sharp legal fight be-
fore the exact right of washIngton-
ians to journey to Baltimore and re-
turn with quantities of wet goods
will be determined conclusively.
Prosecution of the cases Of the
fifty-eight men and women taken
from Washington, Baltimore and An
napolis interurban trains on charges
Of transporting liquor into the Capt.
tai Will be based upon violations oi
section Ri0 Of the Penal code.
This particular section provides that
malt or spiritous liquors exported or
shipped into dry territory must
have the trunks. suit cases or bag
gage containing the supply. labelled
on the outside with the precise quanti-
ty, contents and name Of the trans
porter.
There is nothing under this act that
permits agents of the Department Of
Justice or members Of the local force
to search personal baggage Of pas
sengers. The 1909 section is entirely
distinct from the Reed amendment to
the postofiice bill, or so-called bone
dry law.
At the Office Of the United States
district attorney yesterday 1t was
said there was no searching of bag
| gage Tuesday night. The passengers
were asked to tell the nature Of their
baggage contained and when they
said 1t contained liquor and no label
was found upon, the outside. they
were conducted to the station, In
no case was the baggage searched.
Ownership of fifteen pieces of bag
gage containing liquor was dIsclaimed
by passengers who were evidently
wise"
Under the ruling of Attorney Gen.
eral Gregory issued a fortnight ago
Federal agents were prohibited from
searching personal baggage of pas
sengers entering bone dry terri
tory. The ruling followed the open
ing and examination of baggage of
prohibition advocates, who filed Of
fical protests against the indignity.
Expect to Connect.
Federal officials are confident OF
conviction in the pending cases and
the munitions act relating to the
shipment or export OF weapons to
territory where conditions inimical to
the interests of the United States
exist will probably be cited as a
precedent
A case brought under this law is
backed by a United States Supreme
Court decision defining the meaning
OF export and shipment. under the 1872
act. which in effect declares that
such contraband. even IL brought on
the person. constitutes an act of
81
ments contention will be that the
bringing of liquor into the confines
Of the District is analogous.
The fifty-eight defendants will be
tried in the District Supreme Court
II the grand jury indicts them.
An eleventh-hour decision by the
Department of Justice resulted in
the transfer of these cases from
Judge Pugh.s court to the grand
jury. Yesterday morning most Of the
accused waived examination, and
Prosecutors Given and Arth asked
that bond be fixed in the sum of 500
each. All but sixteen gave bond. At
torney Robert /. Miller and Attorney
Thomas L. Jones pressed for imme-
diate hearing, but Judge Pugh post
poned action until December 10.
Judge Pugh announced that his
court would not pass upon the ques-
ton of law. and he would not at
tempt to interpret section 24O of the
penal code.
New warrants were issued by the
United States Attorney.
Held to Grand Jury.
The persons arrested and held for
the grand jury are: John Barnes,
Mace Dorsey, Mamie Hawley, Charles
Henderson. Richard Hernson, John
Cooper. James johnson. Thomas Car
ter, John Jackson. George Farrell.
James Stone. Richard Reeves, Eli
Watkins. Emmanuel Churchhill, Ar