The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-12-12
(BY ERNEST G. TAYLoR.)

Y
NV .s, sensational climax to the recent
a''' rch Of Mrs. Nick M. NoIanrs home
All. liquor, came Friday morning
en- Judge Martin Fleming bound
ny venuc Officers L. M. Ellison and
o. Bennett and PIainclothesman
III. Gouldy, Of the police force, over
her the grand jury.
in Ellison and Bennett were held on
|arges of dsorderly conduct, tres
anu anu ssing and official oppression, and
kuldy on trespassing charge.
q Al here was no evidence to sustain
isUcase Of official oppression. against
Puidy. He was allowed to sign his
keskn bond. -
is IThe -'revenuers," through G. G..
Ited faper, of the internal revenue de-
II Irtment, quickly arranged bail.
Ia, During the trial a charge of as
heir |ult and battery was preferred
ars iainst Bennett. on the strength of
outfs. Nolan's statement that he took
men bottle from her. This case was later
shefmissed by the court.
therIAlthough a warrant was sworn out
De- Eainst w. P. Hampton, another
as Henue officer, charging him with
~ fspassing and official oppression,
,nn. .me the result Of the visit to the No
80 home. it developed that Hamp-
bel facts became known to the court
I isle warrant was promptly dismissed
was Bennett and not Hampton
rledho went to Mrs, Nolan's place. He
Webs thereupon brought into court
d arrligned along with Ellison and
bar- Puldy.
buld practically every witness testified
andIat Gouldy had nothing whatever to
venk with the searcn Judge Fleming
tobmmended him for his conduct on
bat particular occasion. 1t was
fought out that Gouldy was asked
show the ''revenuers" where Mrs.
rgo plan lived and he went along for
nth ht purpose. The proof also showed
ght lat while the officers were at the
ast tuse. and after Gouldy talked with
ced bs. Costello, who was visiting Mrs.
oa' blan that day. advised Bennett and
- ilison rot to search. as he did not
lieve there was any liquor there.
Constitutions Violated.
I'm anhouncing his decision Judge
l1eming said the constitutions of the
Ihitcd States and of Tennessee
Iaranteed protection to citizens and
Itovided that search warrants be
IEued only in dire and extreme
llses; that the government owed cit
Ems good treatment. He pointed out
lat Mrs. Nolan was not a desperate
bAan, and he could see no reason
| h such action as was taken in visit
x her home and invading her bed
amber.
HE stated that a private home
ould be entered according to the
Ect letter Of the law, and that the
EN would have to be followed. He
Irther stated that search warrants
Mould be issued only on direct or
lnafde information and character
I'D the anonymous uver OF infor-
ation as an unide ntified assassin.
when the cases of Ellison, Bennett
~ Gouldy were taken up in police
|urt large crowd of spectators
bs on hand to hear the testimony
hny of the curious were from South
chattanooga. home of Mrs. Nolan.
fudge Fleming appointed Attorney
HI A. Schoolfield to represent the
osecution. Ed Finlay, local agent
the department of justice, ap-
Jared for the revenue officers, and
torney Phil Whitaker represented
| buddy The defendants entered
Has of not guilty.
Mother of Seven or Stand.
Mrs Nolan, attired in deep mourn
X. then took The stand and stated
lat she was the mother Of seven
ti'dren and that her husband was
had. She told of the visit of the of
hers to her home in search of liquor,
lying that Bennett was at the back
Slilc Gouldy and Ellison We're at the
N bnt of the house. she said she asked
bnnett what he was doing there.
At this juncture it developed that
hmpton was not even at Mrs. Mo-
s,ss ~, his place Schoolfied asked that he
WI discharged. When it was brought
~ lt that Bennett was the officer.
bdge Fleming asked Chief Baker if
- tnnett had been arrested. The chief
r id he had not.
r Baker had no warrant for the ar
L lst' of Bennett. The court saaid Ben
lit was due in court, that he must
produced and if no officer went
"a lr him, then he would get the sher-
~ to bring him in. Bennett was in
nd le the city hall and shortly after
ed brd came into the courtroom with
H. hief Baker, who had gone for him.
n 1.-THE trial proceeded with Mrs No.
no In still on the stand. She said she
las greatly embarrassed by the visit
"a ~ the officers, and gave no permis-
e. lon to search her place. She eX-
tF iained that she was told they had n
J. tter which stated they would find
It bmething there. According to her
".
e WV over the telephone and asked
~ m what to do. She claimed Ellison
lid her they would treat her nice if
, he would let them. It was admitted
lat the officers made no effort to
bnduct any search until after the
/ Llephone conversation.
Entered Bedroom.
Mrs. Nolan declared Bennett went
trough her bedrooms, but she did
pt know whether he went through
by dresser drawers or made a
,arch in the rooms. Asked by Ed
inlay why she did not tell the of
ters to leave Mrs. Nolan said she
d not know why, and had wondered
bout it after they were there. She
limited that nothing out of the way
as said. She said when she went
the kitchen the tall man" (Ben-
htt) had a bottle of water which had
stopper in it. and when she took it
get an opener to remove the stop
kr he took It from her. saying he
lasn't sure it contained water.
n