Evening star., 1927-04-21

cial "in a state of intOXicatlon in
duced by ardent spirits in public
place in order TO remove him from
office
Cloth accused Mrs. Florence Can.
non, who previously had admitted she
was a prime mover in bringing the
charges against the commonwealth S
! attorney. of being his political arch
/ enemy and of COnspiring to ruin him
| in public life.
Charges Home Broken Up.
lie charged that she had alienated
| the affection of his wife and son and
! had broken up his home. lie declared
| that another principal witness against
! him, +. f. Bachelor. he said. col
/ laborated with Mrs. Cannon in mix
/ ing into my domestic troubles, and
! trying to wreck my public career. ."
| He denied having used any objection
able language during the convention
| caucus or of having been admonished
/ by the chairman of the meeting for
I improper conduct
! The 1924 excursion was nothing
more than Just d iunket by Arlington
| County politicians to the district con-
vention at Norfolk testimony adduced
| at the trial revealed. There were
| little social gatherings in the lounges,
| staterooms and corridors. it was
| brought out and bottles were passed
among friends, dice rolled on the table
| in the presence of men and women
and cards deal far into the night.
The case was resumed this morn
ing with testimony by defense wit
nesses regarding the charge that
Cloth was seen intoxicated in Airing
ton County October 80 in front of
the home of Mr.. Batchellor in the
town of Arlington, and December 80
at gasoline filing station in Rosslyn.
No Intoxication Seen.
John r. Burke, special county
policeman; Lester Wise, who lives
across from Bachelors house: Mrs
Mary Clarkson, another neighbor of
Batchellor. and Walter Grimsly. SON
in-law of Wise, all testified that dur
ing an alteration between Bachelor
and Cloth, the evening of October 80,
they saw no evidence of drunkenness
nthe part of Cloth
Bachelor and his wife previously
had declared that Cloth. under the
influence of liquor had come to his
home, accused him of separating his
family, and threatened to kill him.
Byron Gordon, acting trial justice,
December 80, and William ]. Ingram,
member of the board of supervisors
of Arlington County, were put on the
stand by the defendant to testify that
Cloth was sober on that date
Judge G. Vernon Spratley, upon
completion Of testimony, instructed
the jurors that they must. in order
to convict the defendant. satisfy
themselves beyond reasonable doubt
that Judge Cloth was in a state of
actual intoXication on all or any of
the occasions cited. lie explained
that TO be intoxicated meant a physi-
cal condition induced by liquor such
as TO render the person, by his out
ward actions and appearance, his
muscular movements and his thick
ness of speech in an actual and
readily apparent state of insobriety.
Attorney John S. Barbour, in his ad-
dress to the jury, stated that the
mere taking of drink or two by
Judge Cloth was not crime or a
sin in the Commonwealth of Vir-
ginia. and should not be considered
as evidence of intoxication.
Tells of Convention Trip.
The prosecution rested it's case
yesterday afternoon after calling to
the stand Mrs. Florence Cannon, a
delegate to the Democratic district
convention in Norfolk in 1924 Mr.
and Mrs. f. II. Bachelor of Arling-
ton. Va; Joseph Bailey. an automo-
bile firm employee: Elmer f. Cox,
truck driver. and &. r. Taylor, also
a delegate to the 1924 Norfolk con-
cention.
Mrs. Cannon and Mr.. Taylor testi-
fed regarding Cloths alleged intem-
perate actions on the steamer which
carried the convention delegates to
Norfolk, and later at the convention
itself Mrs. Cannon declared that
the chairman Of the meeting had to
"reprimand" Cloth for using an oath
and being NOISY" and she said she
smelled liquor on Cloths breath.
did it smell like some of the
liquor you had drunk the night be-
foreE" Attorney Barbour asked the
witness
II don't know" Mrs. Cannon re.
piled, unruffied She previously had
admitted taking drink on the boat
Testifies on Crusade Request.
Mrs. Cannon. fashionable dressed
middleaged woman of vivacious air.
told also of her efforts to have Cloth
drive the gamblers out of Arlington
county" but under cross examination
added that she had refused to disclose
to him the names Of persons who had
given her information about certain
alleged policy houses"
Taylor testified that the defendant
was "lold and boisterous" ON the
boat, and that at the convention che
seemed to be laboring under the infiu-
ence of excitement or something else"
The witness said he smelled liquor on
Cloths breath and that his poise was
mot very steady" These things led
him to believe Cloth was intoxicated,
he explained
Mr.. and Mrs Batchellor told of
visit paid to their house by Cloth on
the evening of October 80. when they
asserted the defendant accused Batch
ellor of bounding" him and threat
ened TO kill Bachelor. They said
Cloth appeared to be under the infiu-
enCe Of liquor. Under cross -examina-
ton Batchellor admitted having gone
TO certain places where Cloth was ex-
Dected to appear. with view to
seeing what he did," at the request
OF certain persons" but the witness
contended this did not constitute
"shadowing" of Cloth. as had been al
legged by the latter's counsel.
Conduct at Races Described.
Bailey's brief testimony resulted in
a request by prosecution counsel that
a specification in the charges regard
ing Cloths conduct at the Marlboro
races be dropped and this was done
The specification at first named a date
last year on which Cloth was alleged
to have been seen drunk at Marlboro,
but the prosecution amended the
charge with a new date when it was
| discovered there We're no races at
Marlboro on the original date. Bailey
then Testified that he was not at the
races on the amended date, and the