Evening journal., 1922-09-07
MUST UPHOLD
LAWS, JUDGE
NORRIS SAYS

Richard r. Kenney, character
witness for Gooden. when asked by
the Judge why the Volstead act was
being violated so openly. repiied'
In West Dover hundred, and dare
say in <other sections OF this state
the people believe that the Volstead
act is an infringement of their
rights. They don't think they are
| violating any laws but that their
rights have been infringed upon"
In imposing a sentence Of a $500
fine on Mrs. Elizabeth Whitaker,
aged 6s years, Of 500 East Thirty
| fifth street, who had also pleaded
guilty TO a charge OF making and
selling whiskey, Judge Morris ad-
/ dressing Philip l.. Garrett. her attor-
ney. said:
"Mr Garrett. II I err in this case
1 shall err in not committing her TO
prison on account of her health.
.. This is an exceptional case and a sec
ond offense will call for maximum
sentence"
Mrs. Whitaker, who was the first
prisoner arraigned in court today
pleaded guilty. Lee Washburn, a
Federal prohibition agent. testified
that he visited her home on July 20
and purchased whisky. lie related
how a raid at the house on August s
resulted in the discovery of 4 still in
working condition.
Mr.. Garrett in his argument held
that Mrs. Whitaker was 6S years
old and was suffering with a heart
lesion. He produced certificates
from DIR. j. II. Smith of the Uni
versity OF Pennsylvania, in which
it was stated that Mrs. Whittakers
condition was critical and that con-
finement. would be equal to capital
punishment. This evidence was
corroborated by DIR. Fred F. Arm
strong. of this city. who said that
he thought one days imprisonment
would be fatal to the woman.
Mrs. Whitaker, who was dressed
in black and hatless. cried continu-
ally during the hearing. Mr. Gar
rett, her attorney, said that the hus-
band OF the woman was 70 years old
and an invalid. Mr.. Garrett con-
tended that a man named Fault. who
escaped at the time the raid was
made on the woman's home, was the
real offender. This man." he add
ed, has disappeared and we can
not locate him."
Mrs. Frederick Bringhurst. Mrs. |
Sarah Watson, Mrs. Alice Casey and |
Mrs. Bertha Mcclure were character
witnesses for Mrs. Whitaker.
In imposing sentence Judge Nor
ris said that It was an exceptional |
case and he asked Mr.. Garrett how
much fine the defendant could ray |
She replied that her sister had given |
her $500. The Judge asked il she |
could raise $500 and Mrs. Whitaker
replied Yes. II the Court would al
low me time TO go borrow It," The |
$500 fine was then imposed.
John J. Fort, of Wyoming, was |
the next defendant. he being charg-
ed with selling two quarts Of corn
whiskey for s6 to Ira II. Melvin,
Federal Agent. William Sauls-
bury, his attorney. pleaded the finan-
cial situation of the defendant.
was responsible for the mans plight. |
The Court sentenced Fort to serve
three months and to pay the costs
Of prosecution.
John Crump, Negro of Philadel-
phia, who was arrested by Federal
agents in Middletown two weeks ago
after selling Prohibition Agent Wash
burn a gallon OF corn whisky, was
sentenced to serve three months in
The workhouse. Crump asked for the
mercy of the court and after being
he ha ~
saying THANK you. sir"
Pasquale D'Amoto and Julius
of Philadelphia, who
pleaded guilty to a charge of trans
porting intoxicating liquors. were
sentenced to pay fines of $500 each.
Il was~testified by Edward A. Davis.
/ Federal prohibition agent, that the
men were to receive $50 for bringing
hree kegs and four cases OF whisky
o this city from Chester. Following
IMPOSING OF the fine, Judge Morris
ssued an order directing Marshal
Money TO destroy the 400 quarts of ,
whisky confiscated by the govern
nent publicly at Sixth and King :
treets at /s-o'clock tomorrow morn !
ng.
Ira II. Melvin, a Federal prohibi-
ion agent, in testifying against Will
lam l.. Gooden, OF West Dover hum
red. stated that the defendant own
d a fine farm in that hundred, and {
hat on his first visit to the farm had L
two quarts of whisky
which tested 80 proof
Former United States Senator :
Richard r. Kenney. of Dover. testi- 4
ed that he had known Gooden for
0 years and his reputation hereto /,
ore was excellent. He dwelt on
he family connections OF the de-
endant. and urged that his family
q saved the disgrace of having the
usband and father sent to prison.
District Attorney Hughes object G
d, saying that bootlegging appeared c
o be increasing despite the efforts '
Z the Federal authorities, and con- !
ended that while many illiterate
nes had been charged with violat-
ng the Volstead act, the defendant {
iooden had no excuse, he owned a I
ice farm, was young and had ev-