Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1921-12-02
AOONSniNE CASE
TRIED In u. S. C0!RT

i TRIED IN U. S. COURT,
| POSSESSION Of 'private stock' be.
tween twenty and thirty years old was
lalleged by Thos. E Bly,, of Shenandoah
lCounty in the U. S. District Court Har-
rlsonburg Tuesday afternoon, where
bly, acted as both defendant and his
own counsel in his trial on charge of
violating the National Prohibition Act.
| unfortunately for the courtroom full
oI spectators, who heard Bly's effort
10 cross examine. the governments
| agents, and to argue his case before
the jury, no verdict had been reached
when Judge Henry c. Mcdowell called
the jury in from its room and dis
missed it until $50 o'clock Wednesday.
i don't want any men on that jury
who are members of the Anti-Saloon
League or who have subscribed money
to It, Bly, demanded when Judge Nc
Dowell inquired if the personel of the
Jury was satisfactory. According to
the mans every within, Judge Nc
Dowe.l obtained list of eighteen men
and ascertained each ones attitude
toward the Anti-Saloon League, and
then gave Bly, opportunity to reject
three OF the panel, as did District At
torney Thomas Muncy.
Bly's principal defense was that the
liquor the prohibition agents testified
they found on his premises last
March 4 was "oId stock" which had
been in his possession for many years,
and that the still and Appearances
thereto, alleged by officers to have
been found on his premises had been
the property of his father, and that he
had fallen heir to them.
The defendant bitterly denied that he
had recently been operating the still,
although prohibition agents ,whol
searched his premises testified that
they found indications that the still had
been recently in use. He argued that
Mr.. Letter, of near Washington re-
Gently had 5000 cases of fine liquors
valued at $500, 900 stolen from his strong
cellar and nothing was done with him
because he was a millionaire, and is |
there any reason why poor man with
a few quarts should be cut to pieces by |
this jury?"
Unfortunately, both Bly, and Judge |
Mcdowell are little "hard of hearing
and the efforts of the Court and the
counsel to understand each
other afforded repeated cause for
hilarity to the packed courtroom.
District Attorney Muncy declared to
the jury in his rebutal argument that
# they found it impossi bic to convict a
man on the circumstantial evidence
produced in this case che and evervI
other moonshiner could operate still
along every highway and byway in
this state un-molested.
In charging the jury, Judge Mcdowell |
declared that he had been very much
struck with the. force of Mr.. By's con-
entions" but pointed out that the iuryI
vas far better qualified to Judge his
innocence or guilt than himself.
The jury which heard the case oil
Thomas E. BLY,, of Shenandoah County, |
harged with violation of the National |,
Prohibition Act, in which Bly, acted asI
lis own counsel, returned after beingI
'ut about two hours Wednesday morn
ng, and reported to Judge Mcdowell
hat it was hopelessly divided The
curt dismissed the jury and proceeded |
With another case. This jury is un-
ierstood to have stood seven for con-
fiction and five for acquital.
During the afternoon, another iuryt
of local citizens was empan-
led and the case of Bly, was again
heard, At this trial the Judge succeed |
ID in convicting the defendent of the
dvisablity of having counsel, and APP L
pointed Attorney D. O. Dechert to re-
present him. The taking of evidence |
vas completed only few minutes be-
ore 6 o'clock, and Judge Mcdowell ex
used the jury until Thursday.-Har-
'isonburg News Record