The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-12-12
Gouldy Held in
Nolan Entry Case
|dge Fleming Exonerates Policeman Of Oppression
Charge, but Binds Him Over for 'Irespassing;" Rev.
enue Agents Held for "Official Oppression
institutions Of Nation and State Guarantee Citizens Pro-
on Municipal Judge Declares, in Announcing Decision
No Comment From Police Officials,

| tify, said she told Gouldy it was a
! shame to do Mrs. Nolan that way,
4 and he told her letter brought them
there. The witness explained that
| Bennett did most of the investigating.
| Mrs. Costello also admitted that the
| officers waited until Mrs. Nolan tele
phoned. She said she convinced
| GouIdy there was no liquor there
after he went into the dining room.
| but she did not know what he said to
the other two men,
I At this point Attorney f.nlay said
officers had. been conducting searches
| for liquor for ten years, and while
| they had cometimes been-oyer- r-zeal-
GUS he did not think they had tried
| to force their way into private homes
| in search of the intoxicant. 1--WE are
| going to stop it for the next ten
years." replied Judge Fleming. A
| large number Of the spectators, es-
pecially those from South Chatta-
nooga arplauded The court raped
| for order and said, Lets have none
| of that"
Discretion Used.
| Judge Fleming was frank to admit
! that the policemen had, as rule,
! used commendable discretion.
| Reyerues officer Ellison then took
| the stand and stated that he had re-
| ceiyed letters from people telling him
| about John Nolan bootlegging, that
| he knew Nolan in Nashville, 1eit
sorry for him because IT looked like
:. they tried to ride him" there, ana
! went out and had q talk with nilti'
urging him not to handle liquor.
Later according to Ellison, other m
| formation reached him and Nolans
place was again visited with the re-
suit that some liquor was found; also
indications which showed It was pc
ing handled. With respect to the VISIT
| to Mrs. Nolans home. Ellison SAID
! lady told him in confidence, John
Nolan was hiding liquor in the toiie'
Of Mrs. Nick Nolan's home.
! Ellison remarked thct he was iur-
| iher informed the house belonged 10
| John Nolan. He testified that ne
asked Gouldy where Mrs. Nolan iiVeu
and Gouldy, on request, went WIN
| him and Bennett to her place. RE
| stated that lie told Mrs. Nolan ne
was government agent ana dio no,
! have a warrant and that she sald
| they could look, but they would find
nothing. He said he@tela. her they
wanted to look in the toilet; thai he
| found some bottles and jugs there
and they smelled rank. He declared
I Gouldy said there was no use to look
and they left the house; that Mrs.
| Nolan called him back and he talked
| to her about John Nolan, telling her
| the property occupied by him as a
| stand would be confiscated by the
! government If he was caught. lie
! toll. her, he stated, to tell John No
! Ian not TO sell liquor.
The judge interrupted Ellison with
the question, wis You looked into
! her face wasn't that enough to sat
| isfy you?" 81 treated her as nice as
| possibly could" Ellison remarked,
"and gave her to understand that we
were not trying to mistreat her" 1t
was admitted that the government
worked up the Nolan case and not
the police Gouldy was off duty at
| the time, it was brought out.
Ellison outlined their duties as
revenue officers, explaining that they
are now United states government
| agents under Commissioner of Inter-
| nal Revenue Roper at Washington.
| Asked by Attorney Schoolfield how
he could tell wildcat whisky, Ellison
replied that he was an expert and
| could tell it by taste, smell and other
wise. He said he had searched lots
| of houses without q warrant, but
! that no places were searched without
a warrant unless the people were
willing. He declared that no home
had been entered against the will of
! the residents; that they had always
tried to treat everybody right. Asked
| by Attorney Schoolfield about search
ing the home of a client of School
! E,1 +,Ir al,
4 which the woman had, Ellison replied
! that they took away $773 and were
! going to get more. 1t was learned
that the woman was found by the
| "revenuers' to be tipping and that a
tax is due the government.
| Claimed Had Permission.
! Bennett testified Mrs. Nolan gave
| mission for them to search her place.
| He denied that he moved anything
in the rooms, saying that he merely
walked through them. He denied
! that he put his hands on the bottle
! he was accused of taking from Mrs.
Nolan. He said Ellison told him the
bottle did not have liquor in it.
Hampton also testified regarding
| the letter.
Called back to the stand, Mrs. No
! Ian denied there were bottles and
| JUGS Inere.
Gouldy said he was asked to point
! out the home of Mrs. Nolan and went
with Ellison and Hampton to her
place. He declared he took no part
in any search. He said Mrs Co.'S
| tello to whom he talked at the house.
formerly was a neighbor, and he told
| Ellison he knew her and that there
was no use to search, and that he
left the revenue officers, telling item
he was going to catch a car and go
to dinner.
Finlay thought the court was a
| little severe in charging Bennett with
assault and battery, as the proof did
not sustain it. 81 will give him the
! benefit of the doubt" the Judge re-
piled. His honor said that in Eng
land, under the old common law:
even king could not enter house.
whether it was occupied by prince or
| peasant, without a warrant
1t was stated Friday afternoon that
n motion would be filed by counsel for
+, Revenue Officers Ellison and Bennett
asking that their cases be transferred
, to the federal court.