Crossville chronicle. [volume] (Crossville, Tenn.) 1894-current, 1921-11-02
MEDDLIkG WITH UNCLE sam
GETS SOME IN TROUBLE

Judge S. N. Smith and w. M. kelle
Bound to Federal Court in Sum
of $1,000 Each. Z
In the issue of the Chronicle las
week we related how Rudolph kei
ley and Ernest Hale were arreste
by Marshal V. c. -Lyles and Henr.
Turner and after Kelley was trie'
before Commissi ]. w. Dortoi
and Esq. o. B. Rector, he was boun'
to the Federal court at Cookeville b.
Commissioner Dorton and bound tt
the circuit court by Esq. Rector
\Also the mule, harness and buggy
which the men were using when they
were arrested with the gallon OF whi'
KEY, was seized by Prohibition Agen
I w. B. Stone and placed in the hand:
of Marshal Lyles, for safe Keeping j.,
Hale was ried before Recorder }
D. McClarney Wednesday afternoon
and was released on the charge oi
transporting whiskey, but submitted
on the public drunkenness charge and
was fined SIS and costs.
When the case was brought be-
fore ESQ. U. S. Rose last Wednesday
he turned the mule, harness and bug
gy back to the custody OF Marshal
Lyles as soon as he heard the evil
dence. He did however, permit kel-
ley, through his attorney, Judge ,. ~
Smith, to take an appeal to the circuit
court
But since that time other things
have developed that makes the story
more extended and more interesting
Rudolph Kelley was taken to Cooke
vile bv Federal Agent w. A. Jones
and on making bond, which was
signed by his father, w. M. Kelley,
and Major Swafford, he was released
When Rudolph Kelley and father re
turned to Crossville their first step
was to try to recover the male, bug
gy and harness. After being warned
By two attorneysethat they could not
replevin the property, but could Sc
cure its release by making bond Tor
the property, they went to Judge >.
N. Smith and he had them swear out
repIeyin warrant before Esq. Y. D.
Rose for the property The replevin
warrant was served by Will Monday.
An effort had been made to get Con-
stable J. r. Adams to serve the re-
plevin warrant, but he declined on the
grounds that it could not be done
lawfully since the property was in the
hands of the government and that ne
did not wish to take any chances on
getting into trouble with the govern
ment.
Marshal V. c. Lyles called the rev.
enue authorities at CookeVille soon
after the replevin warrant was served
on him. His instructions were to ar
rest EVERYONE connected with the re-
Dleyin matter. Marshal Lyles did not
do that but waited the arrival OF Fed /
eral Officer w. B. Stone from Cooke
vile, Saturday. He Immediately ar !
rested Ssu. U. S. Rose, Costable VIII
Monday, Judge S. N. Smith and w.
M. Kelley, and set their hearing pc
fore Commissioner ]. w. Dorton Tor
Monday morning at 10 O'Clock. !
When the several cases came up to
be heard before Commissionre Dorton
Monday, Esq. y. S. Rose and Consta-
Bile Will Monday were released, ex~
cept to be placed under bond OF $500
each to appear before the Federal
Court at Cookeville as witnesses tor
the government. Federal Officers w.
B. Stone and Carson Tyler were pros
ecuting the case for the government.
Judge Smith and w. M. Kelley
were bound to the Federal Court in
the sum of $1,000 each for hearing
Judge Smith went OH the witness
stand and swore that he did not know
the property had been seized by the
Federal Authorities while Marshal
Lyles and Federal Agent Stone both
,wore that they told Judge Smith
in person that the property was in
he hands of the government.
w. NJ. Kelley also swore he did not
know the property was in the hands
If the government. Attorney Geo. p.
Burnett was called to the witness
tand and testified that Mr.. Kelley '
lad approached him relative to get
ing the property with writ of re- [
,levin and he told Mr.. Kelley that,
n his judgment, he would be in dang f.,
r of getting into trouble if he fol- :,
owed that course, but he thought 4
he property could lawfully be OBJ
aimed by Kelly making bond in twice :
he value of the property and that r
hould hi: son come clear that would
nd the matter, but should his son be
onyicted the property would have to v
e returned or the bond would be n