The Birmingham age-herald., 1922-12-17
JIM SMITH LETTER
 ABOUT HOLLY CASE RELEASED BY CLOE
No Clash of Authority, Declare Both Attorneys = Martin Holds Up Verdict Until
 Monday

verdict in the case of Lonnie Holly, porter at the Louisville and Nashville station, who was tried in the recorders court Saturday for violation oe the prohibition law, with ". Marvin Woodall, assistant city at torney, as prosecutor, was withheld by Judge Henry ]. Martin until Mon- day Judge Martin announced that he would take the case under advise ment until that time.
 Holly will also be tried before Judge w. I Grubb of the federal court in February on a similar charge, A federal subpoena has been servedfupo w. 5. Cloe. commissions CT of public safety, ordering him to hold the evidence in tho case, A quarts of red liquor, until called for by federal authorities. The negro was arrested by city officers on the night of December g.
 Thursday, when Jim c. Smith, as- sistant Uniteo states attorney. wrote Commissioner w. E. Cloe and asked that the evidence be turned over to federal authorities, he was under the impression that the city had finished it's prosecution. Commissioner Cloe replied on the SC me day, however, that the ls had not come uN in the recorders court and that he would surrender the liquor later upon or ders from Judge Grubb. The sub- poena was then served. and Com missioner Cloe announced Saturday that he would turn the evidence over to federal officers when the city case is completed. It is at present stored in vaults In the basement of the city hall,
 Smiths Letter to ClOe
 Following is the letter of Decem- Der IA written to Commissioner Cloe by MT. smith:
 "On last Saturday night, Decem- ber 9, 1922. officers Lee and McAdory seized three suitcases containing A quarts of red liquor at the Louisville and Nashville station in this city and arrested Isonpfe Holly. head red-sap sboyaaf the Louisville and Nashville railroad' station who had just prior thereto placed this liquor in the bag gage room.
 sIn view of the fact that I have evidence sufficient to warrant the prosecution of this negro in connee- ton with conspiracy charge against him and several other parties, l am writing to request that you either de- liver the liquor in question into my custody at once. to be held as evil dence, or arrange in some satisfac- tory manner. suitable to yourself, to make certain that this liquor may be produced In federal court as evil denee at any time l may call for the Bame.
 "It would seem to me that In view of the fact that the city Is through nf could have no objection to turning the liquor over at this time. but you refused to do this on December 12 when I requested you to do so. all though I offered to give you bind ing receipt for whatever liquor you turned over and stated to you my purpose in desiring the liquor.
 Tn addition to other evidence in this case, I have in my possession the sworn statement of this negro regarding this and other liquor he has handled at the Louisville and Nashville station for various and sundry parties. and in order for this prosecution to be successful In this court. the liquor in question must be introduced as evidence on the trial. as well as the suitcases con- talning the same at the time 1t was selzeu py tne oiiicefs' lne otllcoi should by all means place some iden- tification mark on this liquor So that there may be no question of properly identifying the same on trial"
 Both Mir. Smith and City Attorney ". J. Wynn declared Saturday that there was no conflict Jurisdiction between the city and the federal government in this case.
 In his trial Saturday Holley de- clared that he had been given the suit cases alleged to contain the liquor by a white man, whom he did not know. who told him that they contained fruit jars. The negro was represented by Attorney Clarence MuI1ipa