Martinsburg W Va evening journal. [volume] (Martinsburg, W. Va.) 1913-1920, 1918-12-24
Pros. ATTY. NOLL
EXPLAINS FULLY
STATES POSITION
Replies Frankly To SIurs Cact
On Him BY World.

stStSssSS NsuN'y ~ VIM " SuO'
On Him BY World.
Martinsburg, w. Va, Dec "a, 1918
To the Editor OF the Martinsburg
Evening journal:
l was very much amused over an
editorial which 1 read in the Mar
tinsburg Evening World of yester-
days issue. / ann confident that the
writer thereof did not know the
facts pertaining to me and the Pros
ecuting Attorneys office when he
wrote it. regret very much that |
am dragged into this controversy
without my consent. However, since
tho newspapers have taken the mat
ter UP. feel the people Of Berkeley
county should be in possession Of
the facts, irrespective of whomso-
ever 1t may concern.
The celebrated raid was not called
to my attention until l was advised
that the Sedan car Of Col Boyd,
driven by Robert H. Boyd, which
contained his son, Master Nat Boyd,
his nephew, Master Edmond Hoke,
Mrs. d. H. Rodgers. Miss Nota Wev-
err, and Mrs. Allen B. Noll, had been
held up and searched for intoxicants
These persons had only gone to Ha-
gerstown and did not have drop
OF intoxicants OF any kind or char
acter in their possession. am ad-
vised that the men who conducted
the search rummaged through the
csr without any warrant to do so and
In clear violation of all law. They
thoroughly satisfied themselves that
there were no intoxicants in the
possession of the occupants. The car
was then permitted to proceed to
Martinsburg.
Inter was requested by Jailor
Ms Miller whobe brother Mr..
ChaH. Miller had been held up, to go
to the Office of the United States
District Attorny Walker, in the Fed
eral Building in this city and secure
his release on bond. District Attor-
ney Walker soon came in and I in
quired Of. him about the trouble on
the Martinsburg and Williamsport
Turnpike, and who was responsible
for it. Col. Walker replied that "He
was responsible for it; that he in
tended to break up bootlegging in
Martinsburg and that if he caught
some good people he could. not help
It. they would have to stand for it,"
or words to that effect. l suggested
to him the ruling of Judge Dayton
to the effect that a citizen could
bring in liquor in excess of the
amount allowed by state law in his
own private conveyance, SO far as
the Federal government was con-
cerned, to which he and Marshal E.
w. Athey and Marshall C. e. Smith
replied the Judge has changed his
ruling and further, you know the
pike is toll road" This was the
first l knew officially of the search
and seizure on the pike and had
no information whatever of it prior
thereto.
The liquor seized is now and has
always been in the hands of the Fed
eral authorities in the postoffice
building in this city, at least have
been SO informed. All the warrants
issued were sworn out before H. A.
Downs, United States Commission
er. Yesterday l phoned to District
Attorney Walker and he told me he
had not preferred charges against
any one Of the persons whose cars
had been searched on the pike and
did not intend to do so. I assume
Judge Dayton has changed his rul-
ing again. Several of these persons
told me that District Attorney Wal
kcr had agreed to release the liquor
he had under his control, if would
consent thereto. / cannot agree to
such q proposition, as | had nothing
to do with the raid and have no in
structions from the State Prohibi-
ton Office. did. however, without
authority from Mr.. Hallahan, State
Prohibition Officer. or any one else,
summoned before the next grand
Jury on the 21st day of December
last, the next day after the raid, all
federal and state officials who partic-
ipated there in, in the hope that /
might have these summons served
before they left town.
Since the very recent decision of
state versus Pratt which went to the
supreme court of West Virginia, from
this circuit. l will ask the grand
Jury to ind indictments against all
persons on the above occasion who
carried intoxicants in excess of what
the law permits, as we'll as indict