The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-11-10
|M'NABB HANDED
HEAVY SENTENCE
Marion Countian Given Year
and Day in Atlanta Prison I
and Fined $100.
FEDERAL COURT GRINDING

1
| George McNabb, Marion count,
farmer was sentenced to year ana
day In the Atlanta penltentfary ans
fined 500 in federal court Wednesda,
morning after Jury had found hin
guilty OF distilling. His trial, Mt III,
last term OF court resulted In a huns
Jury. ,IT TN ~
The federal grand Jury Wednesda,
morning returned eleven true bills and
three no true bills. Most OF the in
dictments were on charges, OF violat-
Ing the Harrison narcotic act. In
dictr'ents returned were; Clarence
Ne violating Harrison narcotic
az postal laws. Ernest Nelson
~ iloer, Frank Moulton. Grady
| sTE Violating the Harrison narcotic
lSf 4 nm Dyer, John Wiley Thomas
lS%o and NJ. M. Vaughn, violating the
nd act; Lester ID. Walling and
{. = Ter Hixson, distilllng. tN
eupying most Of tpe morning in
8 raj court were the trial OF three
es on charges OF violating the pro-
& jition laws. N "tTh
= Claude Neeley, charged with storing
ntaxed whisky previous to the enact
nent of the Volstead act, caused con-
siderable amusement in court BY maxi
he had the whisky hid on his premises,
that he had concealed II not to deprive
| the government OF taxes, but to pre-
vent his neighbors from stealing II. The
| jury returned verdict OF guilty.
Judge Sanford reserved sentence tn
Theodore Hoots, who pleaded guilty
to the charge of violating the volstead
| act, when arraigned in court Tuesday,
received n fine Of $3.50 and costs and
given till Nov. 81 to make payment,
Juries were still out Wednesday at
2 on cases against John Swafford. dis
storing untaxed whisky previous to
the enactment of the volstead act.
In the case against Il. 10. Page, c.
Il. Killian and Lula Page. charged
with distilling, was set aside upon pay
ment Of the costs.
Jack prater in the case in which he
is codefendant with Sam Brogden,
pleaded guilty Wednesday Ia charge
of violating the Volstead act Sentence
was deferred by the court until the sec
ond Monday In the next term OF court.
Brogdon., who Is In the county jail. was
not arraigned.
John Wiley. who was arraigned on a
charge OF violating the volstead act,
entered a plea of not guilty and. the
case set for trial on Nov. 26 Forfei-
ture was taken. against Memory Walker
and Lon Whaley.
u
ant with James Morgan, on a charge OF
distilling, claimed that he had moth
ing to do with the making OF the whisky
but that he was merely working for
Morgan, who owned and operated the
stili. He said. that all he had TO do
to cut and haul wood down 70 the piacs
where the still was located and that he
received pay only for this work. Nor
gan has not yet heen arrested.
A. +, Lockhart, who win be Fesen-
fenced Thursday to one year and day
an appeal to the supreme court on 4
charge Of Violating Tho espionage law.
paid his fine OF $1,000 and costs. which
amounted to st,f7f40. to Deputy Clerk
Gresham in federal c0urf "Wednesday.
Many Asralopsd
Affdignment or person8 Indicted Mon.
day morning BY tho grand Jury was the
program for Tuesday afternoon III fed
erai court Only one OF the seventeen
defendants arraigned yesterday received
sentence. Robert Pettyjohn, charged
with having violated the voistead act,
pleaded guilty upon the recommendation
of District Attorney Kennerly, was
fined $50 and costs and given ten days
In which TO pay. the fine. Theodore
Hoots also pleaded guilty 10 charge OF
storing whisky, but the district attor-
ney, saying that he had not investigated
the case, asked that Il be- passed iii
Wednesday Other 5arraignments OF per-
sons indicted Tuesday was as follows:
Carrie Burpee. retailing. whisky, passed
to Nov. IL; Chester Sterling and Eugene
Minis. retailing whisky. plea OF not
guilty, set for Nov. is. John Dyer and
Joe Dyer violating the Volstead act,
plea Of not guilty, set for Nov. IS:
Thomas Massingale, violating the Vol
stead Act: plea Of not guilty, set for
I'M .YlAi i..Al - ~ Il
stead act. forfeiture; A.. u. .Mallicoat.
violating the Volstead act, Hea of not
guilty, set for Nov. IS; Mary Smith
violating the. Volstead act, forfeiture
Hattie Berry. violating the volstead act,
plea OF not guilty. set for Nov. lS;
act. plea Of not guilty. set for Nov. lo
Jim Bruett, violating the yolstead act
forfeiture; Il. II. Page, G. p. Kiilfan
and Lula Page, distilling. forfeiture;
John Wiley, violating the Volstead act
Other arraignments Tuesday after
noon were; Hamp Kelley. transporting
whisky, plea of not guilty. set for Nov
2C; and Charles r. Sivley, violating the
volstead act. plea OF not guilty. set for
Argument on the case against c,eorre
McNabb. charged with running an Illicit
distlllery. took up most OF the time In
court Tuesday afternoon. McNabb ia
charged with having run n still for
some time In n guich In Raccoon noun
tain neaf Dead Mans Eddy" on Ten.
nessee river. He was tried al the last
term OF court, but mistral resulted
evidence and argument were complied
Tuesday afternoon shortly before ad-
Journment and the jury returned lie
verdict Wednesday morning.
CHARLES X. Siyley. South Chattanooga
politician, charged with storing aud
transporting whisky through his attor.
ney. 7. Pope Shepherd, filed a plea ask.
ing that tho case against him be disl
continued since he is already under SEN
tence for the same offense, having been
nned $50 and costs and sentenced 10
sixty days In the county jail by Judge
McIteynolds last Monday. Judge sam
ford refused 10 hear the motion ana set
the case for trial on Nov 10. when ar
ralgned. Sivley pleaded not guilty and
MS counsel AZ once asked permission TO
nle motion quashing the Indictment.
This was granted. Mr.. Shepherd gave
rs his grounds for the motion the fact
that Slvley was already serving n sem
tence In the county jail for the same
oftense and action should not he con.
tnued against him in federal court.