The Birmingham age-herald., 1923-12-20
,tiOn Charge Fox Deliberately Planned

of these charges are untrue ane of bad feeling on the part of the Uni groundless and are merely the result ted States district attorneys office towards my department. which bad feeling has unfortunately existed for some months past.
 T believe that you are already ad- vised as to the incident which brought about the finding of these indict- ments Some time in the month of May, 1923, we were advised that cer- tain prohibited liquors could be found at the residence of Sam Powe, in this city. It was about midnight when we obtained this information and in company with Deputy Sheriff Will liam E. Holcombe, Jr., I went to the Powe residence. Holcombe and l found the house dark. there being no lights in the house and the place be- ing deserted. In the meantime we had sent deputy sheriff out for a search warrant, which search warrant was properly issued by Judge Clarke. judge of the inferior criminal court of Mobile Some time after Holcombe and myself had reached the house where the prohibited liquors were re- ported as being, a MT. Nesmith. who understand was employed in con-
 
 forcement department of the federal government, in company with one assisting the United States district Tom Cleveland. who at that time was attorneys office or the law enforce meht department In liquor law in- vestigations, as well as J. Erwin Bur get, United States commissioner drove up to where Holcombe and I were making the seizure.
 Nesmith Challenges Officers.
 sNesmsth contended that we had no right to seize the liquor as he was going to seize the same. Holcombe and I arrived at the scene at least thirty or forty minutes before any federal officers or employees appeared and I know of no law that per mits any employe of the prohibition enforcement department of the fed erai government, or of the district attorneys office, to seize prohibit cd liquor which had already been seized by state officers under the state laws. In fact, if l had surrendered to any employees of the district attorneys of Afice or of the prohibition enforce menS squad of the government liouors. which were in my custody as sheriff of Mobile county, I presume that I would have been guilty of violating my duties as sheriff. Under this sit uation, l refused to permit Nesmith and Tom Cleveland to take out of my possession the prohibited liquors which had been seized by me as sheriff of Mobile county and which liquors were then being loaded into car to be taken to the county jail. After this seizure had been made by William H. Holcombe, Jr., and my. self, J. Erwin Burgett, a United states commissioner in our presence filled out search warrant for the federal employees. Nesmith and Cleve- land were quite insistent that they should be permitted to seize these liquors then in our custody, and there was some little friction over our re- fusal to comply with their request"
 '1 might add that Sam Powe, the party named in the search warrant, was arrested by us under the state law. dockted and convicted in the in- ferior criminal court of Mobile county for violating the state prohibition laws"
 Acting Chief of Police w N. Le- Gear announced tonight that all forms of gambling in Mobile must cease. He made this statement in answer to query of the anti gambling laws would be enforced by him in taking over the duties as chief of police.