The Birmingham age-herald., 1923-09-09
FOUR CONVICTIONS IN FEDERAL COURT RECORDED IN WEEK
Civil Cases To Occupy Dock ct Next Week, With Judge
 Grubb Presiding


 Four convictions, two mistrials and two pleas of guilty were returned in federal court during the past week, which opened the September term, with Judge William I. Grubb, presid- ing. Three convictions were for hav- ing used the mails to defraud, the fourth for having violated the Har- rison Narcotic law. while the two pleas of guilty were entered by wom- en, one charged with counterfeiting, the other with having violated of the narcotic law. One of the mfstrials was for misuse of the mails the other for violation of the national motor vehicle theft act.
 A total of sentences amounting to nine years and ten months, resulted from three of the convictions and the two pleas of guilty. One of the con- victions, Judge Grubb postponed sen tence pending hearing of a motion for new trial next Saturday.
 Walter c. Cleveland, with numerous aliases, drew the heavy sentence of four years on the conviction of hay. ing used the malls to defraud. Cleve- land was charged by the government with having answered ads in various periodicals asking for musical in struments and theatrical equipment, and, receiving the money, not send ing the articles. He had served at the time of the trial half of a sem tence of four years at Leavenworth, Kan, following his conviction in Omaha. Neb.
 Wilbur H. Porter was also con- victed of using the mails to defraud, by inserting advertisements in many southern newspapers. claiming to find work at Muscle Shoals. Upon answering the ads together with an application sent by the company, a $1 registration fee was required. Sev- eral witnesses stated they sent their money and never heard from the com pany again. Government witnesses from the nitrate plants at Muscle Shoals stated there was much interest there at the time, but that work was scarce.
 Porter was sentenced to IS months at Atlanta Saturday morning. Shell Enters Appeal.
 Perhaps. the most important trial Shell, charged with having used the mails to defraud, by operating the United Foreign Exchange company in The Age-Herald building during the fall of 1921. Many witnesses from Alabama testified they had sent their money to Shell to purchase German and French marks and German bonds, on which no returns had ever been received. All of the correspondence was signed by J. F. Epperson, which the government claimed to be a ficti- tious name.
 Y During the second day, Paul F. Bedding, indicted upon the same in- dictment gave government testimony and stated there was no such man as Epperson and that Shell had signed most of the letters. Shell was sem tenced to IS months in Atlanta pen tentiary. but filed notice of an ap- peal through his attorney, Erie Pettus.
 w. M. Nelson. president of the Nell son Drug company, Fifth avenue and Twenty-third street, was found guilty by the jury of violation of the Harri- son Narcotic law, but sentence was postponed on the making of a motion of a new trial. Testimony offered by the government was to the effect that Nelson did not keep record of sales of paregoric as required by the gov ernment, and that during the period of September 1922, the company had received 155 gallons of the opiate, from which records for only the sale of three gallons had been kept. Nell son was tried before the last term of court, but was released owing to de- fectiVe indictment.
 The trial of Ed satterfield, Rich ard Hogan and Bill Callahan, alias J. l.. Orr, resulted in mistrial The men were charged with violation of the national motor vehicle theft act. The case will be tried before the next term of federal court. A mistrial also resulted in the case of William H. Paxton, negro, charged with using the mails to defraud. This case w:.l be set for the next term.
 O O O
 Woman Sentenced.
 Hrs. Lennie McManis of Sheffield, plead guilty to cvunterfeiting and was sentenced to two years in the government woman's reformatory in Iowa. According to Jim c. Smith, as- sistant district attorney, Mrs. Me- Manis passed a $1 bill which she had raised to $10 denomination, on a store in Sheffield by buying a ten cent pur- chase and receiving $9.90 in change. Mrs. McManis did not deny passing tho bill and later reimbursed the owner of the store with $10 Govern ment officials stated that Mrs. Me- Manis' husband was under arrest in Tennessee. charged with the same of- fense
 Clara Mcdonald also pleaded guilty to violation of the narcotic law and was stentenced to IS months in the same institution. She is charged with having sold dope" while working with Ed Braemer, who was recently sentenced to IS months in the At lanta penitentiary by Judge Grubb.
 Most of the cases for the coming week are civil cases in which the government will neither prosecute or defend while several cases of the government will be tried on Septem- Der 24 and 25, the district attorneys office announced.