San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-02-18

| ant Al(TtWS near plA N'NANbN4
n, 1922. He stated that while rid
t ing through Callihan pasture about
% miles from Laredo on the said
day, he, in company with his son,
/ John, and Frank Smith. found ten
sacks of tequila. This was about IL
o'clock in the morning.
Smith and | hid in the brush
nearby he said. land made n blind
so that we could not be seen. We
sent John 10 Laredo to notify Deputy
Marshal Walker. About ) O'Clock q
plane C;rcled over the field and then
flew back toward Laredo. At /
o'clock plane returned and landed
near the sacks of tequila. Sergeant
Green and Lieutenant Andrews got
out of the plane, the sergeant picking
up one of the sacks. Then we ar
rested them"
The witness identified the defend
ant as being the pilot of the plane
that landed in the Callahan pasture.
and later testified that no trouble
was encountered with the airplane
motor when the pilot was allowed to
fly away. However, on. cross ex-
animation, the witness stated that
Lieutenant Andrews was seated in his
cockpit about twenty minutes between
the time he was told he could 60
and the time the motor started.
The witness made Il chart Of
ground where Lieutenant Andrews
landed his plane. showing where the
sacks OF teCuila were placed. and said
that the plane when. it stopped was
only few feet away.
Show Slip Of Paper.
A slip Of paper attached to one Of
the sacks, and which was taken by
Sergeant Green, was produced and
shown to each member of the court
martial.
The motor Of the plane, it was
said, was kept running until the arrest
was made. Further testimony reveal
ed that Deputy Marshal Walker ar
rived about ; o'clock. and after a
, short conversation all parties returned
; to Laredo, the authorities carrying
the teuuila and Lieutenant Andrews
and Sergeant Green flying the plane.
The testimony of Frank Smith was
short and similar to that of the GUS
= toms inspector. and the witness was
not cross examined by the defense.
4. X. Kahn, another customs Off
cial Of Laredo, was placed on the
stand Saturday afternoon. He testi-
fled that the teQuila carried to his
: office following the arrest of Lieuten-
ant Andrews amounted to III bottles
and was destroyed after the defend
ants case before the federal court in
: Laredo had been disposed of. He
further testified, over objection by the
defense, that no imported Intoxicating
liquor could be possessed without a
permit from the federal prohibition
inspector of Texas. Also that a seiz-
ure of liquor had been made Of the
defendant. The witness was not cross
examined by the defense.
e. A. Warinken of Austin. legal
} adviser to the federal prohibition in
spector of Texas, testified that no in
tOxicating liquor could lawfully be
possessed in Texas without a permit
from the state inspector, and that he.
on investigation. found no permit
filed with the state inspector allow
ing Lieutenant Andrews to possess
liquor.
Allan Walker. deputy L. s. mar
shall of the Southern district of Tex
as. was the final witness to appear
| ! before IUt E0uNulhdS
afternoon, and was on the stand
when the court adjourned. His testi-
mOny will be concluded Monday morn
ing, the prosecution announcing that
. from two to three hours will be re-
quired to complete their testimony.
Court Has Laugh.
Marshal Walker told of the defend
= ant agreeing to. and later signing the
p alleged confession after he had been
assured that it would not be used
against him in federal court.
Il did not have cOurtS-martial in
mind at the time" the witness said,
land wanted the statement from
! Lieutenant Andrews as evidence
against tequila smugglers 1 was try
: ing TO catch"
The witness identified the liquor in
! the sacks as being tequila, stating
that he tasted the contents of four
bottles and that he was sure it was
teQUila. All the other bottles were
labelled alike. he said
o A bit of humOr was injected at this
. point when Captain Biddlc asked, that
If without embarrassment, the wit
$ ness could tell the court how long
: he has well known the character of
e tequiIa.
About 40 years" was the ready
e reply, which brought a muffled laugh
D from each member of the court as
we'll as from each counsel.
g 1t was at this point that the prose-
i cution attempted to introduce the al
legged confession of the defendant as
5 an admission against interest. Fol-
r. lowing argument by counsel on both
a sides the court ruled in favor of the
= defense.
i Last Several Days.
= 1t was said Saturday afternoon
o following adjournment that the case
!, will probably run into the middle of
:, the coming week. The prosecution
J. stated its intention O; calling several
I more witnesses. and it is believed a
[ large number will be summoned by
+ the defense
n Lieutenant Andrews. il was said by
l. n defense counsel, will probably not
e take the stand in his own defense.
y total Of five counsel are engaged
IN trying the case. Capt. Humphrey
S Bddle, Judge Advocate Generals De
y. partment and Lieut.. Phil Cass. Field
= ARTILLERY. represent the government,
E while Cant. Maxton II. Flint, In
n tantry and Lieut.. Norman d. Brophy,