Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1922-11-14
BIG WHISKEY Case
SO HARD FOUGHT
Attorneys OF National Promi.
nence Defend Men Accused
In 5,000-Case Case


commodate the crowd which
gathered Monday afternoon
when Judge A. NJ. J. Cochran
convened the November term of
I. S. court. After impannelling
OF the juries, Judge Cochran
called the docket and gave sew
.eral cases definite dates for trial
later. The whisky removal
charges against Samuel Freed
man, of Covington, president Of
the old 70 distillery in Campbell
County, and eight other defend
ants, was Immediately taken up.
From the array of counsel which
appeared on behalf of the &C
cused it was evident that this
was to be bitterly fought out.
Leading the defense are At
torneys Z. H. Moore, of Youngs-
town, Ohio, and Maurice Calvin,
of Covington, and William Bur
kamp, of Covington. Freed
man together with Max Nor
ris, Arthur Johnson, Larry Cd
entfal, Chas. G. Fisher. Charles
Walters, Jewell Lyttle, VIM.
Myer and A. B. Fisher, are
charged with removing 5000
cases of whisky from the 70
distillery on forged permi 5.
They are indicted on four counts
-cOnspiring to transport wis
Ky, conspiring to possess Whis-
Ky and transporting and posses
sing whisky for beverage pur-
poses, all in violation OF the ma
tional prohibition law.
After the formal opening OF
court practically all OF Monday
afternoon was consumed in the
hearing of preliminary motions
in the case. Attorney Moore
first sought to have the indict-
ment quashed on grounds that
that first count therein is duplic-
itous in that it chages two Of
fenses. After lengthy argument,
Judge Cochran overruled this
motion and thus sustained the
validity OF the indictment.
The defense then demanded a
bill of particulars against their
clients. To this District Attor-
ney Sawyer \. Smith asscnted
and agreed to read it Tuesday
morning.
A motion by the defense for
return OF certain papers taken
from the distillery by Prohibi-
ton Director Sam Collins was
strenously fought by the prose-
cution and in the end overruled
by Judge Cochran, thus practi-
cally clearing the way for tax
ing testimony to begin Thurs
day morning. In defense OF this
motion it was contended that
Director Collins had seized d
number of whisky removal per
mits which he had compelled
Larry Odenthal, superintendent
of the diStillery, TOT take from
the safe and show him for in
spection. Mr.. Collins kept the
permits which he alleged to be
spurious and forged, except one
he pronounced genuine. The de-
fense insisted that while the
prohibition director had the
right to inspect the papers, he
was not authorized to, seize
them and especially if he de
clared them forgeries, the gov
ernment had no claim on them.
Afhdavits were presented
from Freedman and Odenthal,
but the defense refused to per-
nit them to be cross-examined
on these. Director Collins was
then put on the stand by the
government and told of the pro-
ceedings at the Old 70 distillery
which led up to the charges. He
said that he and Agents L. A
Burnam and Unthank went to
the distillery early on the morn
ing of Dec. Is, 1921. They found
Odentllal there who finally open
ed the safe after much discus
sion. Mr.. Collins said he found
two permits for $50 cases each
purporting to have been ISSUED
by E. c. Yellowly, acting prohi-
bition director of New York
and purporting to have beer
countersigned by himself, but
he asserted they were forgeries
and the permits were not made
out on the governments water
marked paper. Further investi
CATION showed him that abou
5000 cases had been removed
He said Freedman came to 'tht
d;stillery and from him he got /;
permit on the ] H. Rogers dis
tillery, near Maysville; which h
said also was forged. He saic