The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-06-02
FLEMING LETS
SIVLEY LOOSE
South Chattanooga Promptly
Arrested, However, by
Federal officer.
TRIAL SEN SATtONAL

Immediately following his dismissal
oy Judge Martin Fleming "Wednesday
morning on both city and state charges
OF storing liquor, Harry Sivley. we'll
known South chattanoogan. was ar
rested by Revenue Officer G. ". Barthel
and held for the federal government.
After being registered on the police
blotter, Stvley was placed in a cell In
the city jail to await the making OF a
bond VIII Daniels, colored. witness
for the state in the Sivley case. also
fell into the hands OF "Revenuers'
Barthel and Stroud.
city Attorney Frank Garden, repre =
senting the prosecution charged, after
Daniels had testified in police court,
that the witness had been tsmpered
with. Attorney Garden later hurled an
other broadside for the state by an
nouncing that Daniels. upon leaving
the stand, voluntarily made the state
ment that he would come back into
court and tell the truth. but he was
afraid Sivley might harm him.
A charge OF disorderly conduct ore
ferred against Charles Sivley, brother
Of the alleged liquor violator, was
dropped on the recommendation Of At
torney Garden 4 similar charge
missed but the state insisted probable
cause had been shown in the storing.
The defense, represented by Attor-
neys E. II, Williams and T. Pope Shep-
herd. sought TO show that officer Dug
gan brandished his revolver In very
threatening manner and at one time
had II against Mrs. Charles Sivley's
breast. Duggan stoutly denied that he
drew the gun on Mrs. Sivley. He de-
clared Harry Sivley made run for
2 shotgun, but he covered Slvley with
his revolver, telling him he would XIII
him II he got the gun. The defendant,
on the other hand, sought to show by
witnesses that he was sitting on meat
block wiping his shoes when Duggan
threw the revolver on him.
Oftieerx Iestity.
Testimony OF Duggan ana Gouldy
was that they went to Harry Slvieys
place after receiving information that
a ten gallon keg OF liquor had been
hauled away by WIN Daniels on an
ice wagon,
Gouldy said he went around TO the
rear and plainly heard someone break
ing bottles IN the toilet. Through
hole IN the wall he could see Harry
Sivley inside. He testified tnat the
odor OF liquor was very noticeable ana
that the broken receptacles, when ax-
amined later, smelled OF "moonshine."
he told OF finding about half OF
half pint OF tho intoxicant III box IN
n back room.
Gouldy stated that Sivoly refused TO
allow his place to be searched ana that
the search was delayed until the
necessary papers could he secured.
IL was charged that S1vley refused
to get into the patrol wagon and a
''rumpus' took place. Many Jugs.
some kegs and hundreds OF empty hot
ties We're found. the ofIicers stated
Somo of the rcceptnces smelied OF IL
1uor. WIN Daniels admitted tnat no
got keg, which he thought contained
PIGS feet, In some weeus near Sivleys
meat market and was told to leave II
nj Main and Wililam streets. Tho Wit
ness said his boss" later got on the
wagon and wanted TO know what he
meant nR hauling liquor, Daniels
tnereupnn dumped the koE and man
wao drove un in = Ford automobile
TOOK charge OF II.
Harry Sivley claimed that Duggan
kept a pistol on him during much ot
the time the officers were at his place
and said his brother, Charles. entered
a protest. asking tnat there be no
trouble He admitted telling them tnnt
they should go about their search IN
n legal way. lie denied that he tried
To get the shotgun: also denied thRt he
broke any bottles ana explained tho
presence OF the bottles jugs and kegs,
win the abatement they came from
the dump ana ne nad SOLD some OF
them. lie said ne had no part IN tho
making OF bond Tor Daniels, neither
dld he tell the negro he would KIN
him n he testified In court that tho
keg of liquor was gotten mt his place.
He also said he had nothing 10 do with
the kcg.
says Door sroken open.
Charles Sivloy claimed DugRan broke
a door open before n search warrant
was secured, but Duggan denied II.
rho witness said he was satisfied Dug
gan would have shot his brother II he
had not been there. He too, asked, nc
said, that the search be carried out IN
a legal way. HIS wife said DuEgan
pushed her ana he mad the gun
pointed at her side. One or the VII
nesses for the defense seemed to have
In answering questions,
Judge Fleming. in announcing ms
decision. held that the broken bottles
IN the toilet had no bearing and shid
Ihere was question as 10 the liquor
lhnt was found. lie dismissed the city
case and shortly aftorward announced
that he had not heretofore held any
man connected with such smali
amount OF liquor. He further SAID the
rity had not prosecuted IN cases OF
such n small quantity and ne was GO
ing 10 discharge the defendant.
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