The Birmingham age-herald., 1923-12-30
COLLISION CHARGE AGAINST MOB|L LIANS
Claim Made R. A. Johnson Offered To Fix Liquor Case
 With Deposed Chief

MOBILE. Ala, Dec. 29.-tSpecial Leased Wire.)-"Fixing things" by. offering to have charge against A. Muscat nolle pressed through pay ment of $50, of which s100 was to go to Chief of Police P. J. O'Shaugh- messy, resigned, was charged to Rob- ert A. Johnson, Saturday in his pre- liminary hearing before United States Commissioner J. I. Burgett on warrant charging conspiracy to violate the Volstead act. Johnson is charged jointly with the former chief of police.
 The hearing of Johnson Saturday was the first prominent person in the recent rum cleanup in Mobile. O'Shaughnessy. and most of the other alleged higher ups" arrested, waived examination before the com missioner, after being indicted.
 Muscat and his employe, John Cal lis, were the federal witnesses. They said that on December 16 last year their taxi company received a call to go to the Elks club Upon arrival Callis remained in the car and Mus cat went to the door of the club to see who called for the machine Then two city detectives came to the ma
 
 Callis, finding two bottles of liquor on him. Callis and Muscat were both arrested and the car seized.
 0 O o
 Declined to Pay
 Muscat testified that after his ar rest Johnson came to him and told him he thought he could help him. Later he came back, said Muscat. and told him that he could fix things" and have the charge against him nolle pressed for S150, which was to 6ee,,, pc divided between Johnson and c OShaughnessy.. Muscat said he de- ciined to pay believing he would be able to clear himself of the charges but said that he received heavy sen tences in both the city and state courts
 Callis corroborated Muscats 'testi- mony. No evidence was offered by the defense. There were a nnmber m M Of persons who listened to the evil dence including former Chief OShaughnessy. The defense confined itself to the arguments of Attorney F. J, lnge, who said that the evil dence showed no conspiracy since only one person was involved and one person could not make a conspiracy He further said there was no evil dence to show a conspiracy between Shaughnessy and Johnson, other than the alleged statement of John- son.
 Jurisdiction Point Raised,
 Further, argued Attorney Inge, if there was a conspiracy it was in connection with the violation of the city ordinance against the possession of liquor and not the federal prohibi- tion law, and that no evidence was introduced showing that Johnson of fered to assist in preventing federal prosecution, and that therefore the federal court was without jurisdic- tion, even if Johnson Is guilty of federal statutes.
 Commissioner Burgett announced he would render his decision Monday.
 Other developments in the govern ment liquor prosecutions Saturday included the arrival of B. M. Coon, special assistant attorney general from Washington. He will be in Mo bile for some weeks.
 Arrests included H. Cleveland, on conspiracy charges, who was re- leased on bond. Two negroes, Rob- ert Jones and Robert Bass, pleaded guilty to possession charges, and Bass was fined $25. Jones' sentence was postponed until April IA.
 Mrs. L. G. Powers, former post mistress at Creola, was arrested Sat urday on charges of making false ac- counts to the government.