The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-11-25

harIes (''Brightlight") Baker.
Upon the conclusion Of all the
ostimony, T. Pope Shepherd. of coun-
&el for the defendant, asked for per-
<1nptory instructions to the jury to
feturn a verdict of not guilty on the
xEound there was no proof to show
Naker knew the liquor was stolen
ffoperty. The indictment charged
3aker with conspiracy. District At
torney w. II. Kennerly objected The
eoint was that the indictment charged
conspiracy to steal The court
x1oubted whether O conspiracy to con-
<eal after the larceny had been COM
1itted would lie under an Indictment
this kind; In other words, that a
nnspiracy to conceal would not JUS
ny a conviction on conspiracy to
Neal, and that conspiracy to con-
1eal after the liquor had been stolen
I'D not constitute government Of
1ense.
Judge Sanford thereupon asked the
d1strict attorney to review the law,
x4ted certain cases and passed ruling
lpn the matter until Wednesday
xnorning at 9 o'clock.
Attaway's immunity.
ES7% While J. C. Attaway principal wit
ness for the state in the trial of
Zones, South and McWhorter, and
n important government witness in
The indictment and conviction of the
tkree men, was on the stand Gen.
Kennerly asked Didn't ! say, Mr..
Attaway, that | would not promise
srou any immunity" The witness re-
plied that the district attorney prom
ised him he would take care of him.
| M Sam Jones, who, with South and
McWhorter, was brought here to tes-
lily in the case of Baker, took the
stand shortly after court convened
and went into detail regarding the
4 bringing in and disposition of large
a Quantities of whisky. Jones said he
4sad Known Baker Tor about eighteen
years. He told OF the night he went
|Yith Attaway to Bakers home, ex-
Ii blaming that Baker dressed, went out
10 the automobile and was told py
a ttaway that he wanted the con-
| stable to go over the ridge with MIN
after some stuff. Jones said he did
not see Baker any more on the trip:
Jones said South was with him ana
his automobile was driven by MS
u Gones) son. Jones said be refused
II haul any liquor in his car. He tes--
fified that nothing was said at that
stime about what Attaway was to pay
faker He also testified that Alta
wav handed Baker some money in his
1 nresence and he saw three IS bills.
|tgones did not remember whether TINS
fook place that night. Attaways
place, he stated, had the reputation
III being "bootlegging joint and
n Attaway was reputed to be boot
legger
| Found Much Liquor.
In regard to his connection Win
fbscar South, Jones said he was walk
ING down Market street on SUNDAY
nfternoon met South, had CONVEX
sation with him, went to Soutn 8
room and saw several pints ana
quarts of liquor in cupboard. ne
Related that South asked him Il ne
did not want to buy some liquor ana
he told him he did not, as he was
not in that business; that South toia
him he and some of the railroad boys
5both South and McWhorter were
rsilroad men) had sone barleycorn
ht Citico and wanted to sell it; that
south wanted to know who they
could sell it to and he told him they
might sell it to John Attaway. Then
II was. he said, that he introduced
south and Attaway and was told that
sAttaway would take it. According
10 his testimony he later received a
Telephone call from South at ? O'Clock
in the morning, was informed tnat
the Hquor was in the rear OF Alta
ways place. which was surrounded
by provost guards, and was asked IL
he would not take it.
| Took n Quarts.
He finally agreed to take the sup
NV of seventy one quarts and TWEEN
fv.nine pints, and claimed that South
wanted SIS a quart for the took. He
stated that he was drinking rather
heavily then. The liquor was put in
MS car and he paid $500 cash ana
\ rave a. check for the remaining $175.
.Iones testified that after this oc-
casion he told South he was not 60
ing 10 fool with liquor, as he was not
N retting anything out of it. He ad-
1nitted that he made some trips across
Missionary ridge and that he re-
&eeiyed SIS per case over and above
Il what Attaway was being charged for
III He declared he had no idea South
q and McWhorter were stealing the
douor. as South claimed they had a
n feliow a Baltimore who was sending
il to them at Atlanta and they made
s1.50 a quart out of it. while the Bal
n timore man made $3.50.
Jones said he got money from At
taway several times and would take
ii TO South's room, where he would
tount out IS per case for himself and
i've the rest to South. He declared
] Il never had any dealings with Ba-
ker prior to the night they went to
h..; house and woke him up. Cross
ouestioned by Attorney Shepherd. he
denied telling South and McWhorter
he was big dog" here and had the
law bought up and the police and
sheriff's office under his thumb and
control. He denied that he told
So tn and McWhorter he would bring
+. bfficers out to guard the liquor, . I'd
.&]so denied telling them he paid
IN S25.
MIIis testimony concluded with the
nI<ht O trip was made TO Summit,
where Officers Charles Weigel and
Luther Carter appeared and develop
i0ents started that resulted in the ar
resi-. trial and conviction of Jones.
*uuth and McWhorter and the in
aI4<ment of Baker.
~ TIE told of the search of the off,
and kthelr failure to find any
which tf1cy allowed his