The Republican. [volume] (Oakland, Md.) 1877-current, 1937-09-30
SAYS STILL WAS OWNED
BY MAN WHO IS NOW DEAD
Bloomington Resident Tells Fed
eral Jury At Cumberland He
Was Visiting His Friend

Lloyd Palmer Rizer, of Blooming
ton, Garrett county, told a Federal
Court jury in Cumberland on Monday
that still he was accused of operat-
ing was the property of a man who is
now dead, as he stood trial at the Sep
TENDER session of the United States
District Court there.
The case against Rizer was given to
the jury by Judge W. Calvin Chestnut
late Monday afternoon.
After celebrating more than five
hours, the jury trying Rizer was dis
charged Tuesday night by Judge
Chestnut when the foreman reported
the jurors were unable to reach YER
dict. The Rizer case will be again
tried at the next term of court.
Rizer is said to have been previous
offender, having been charged with
possession of still in 1880.
In the case pending Monday Rizer
was charged in the indictment with
operating and possessing large still
located near Bloomington that Federal
agents raided on May 81 of this year.
The officials said another man was
present when they made the raid, but
that he got away.
The man who escaped, Rizer said,
was Lester. Barnard, who died in an
automobile accident near Blooming
ton a little more than month ago
when his machine toppled over the
mountain side and landed on the Bal
timore and Ohio Railway tracks five
hundred feet below. Rizer contended
at the trial that he had dropped in"
to talk with his friend Barnard for
about an hour and a half the day of the
Federal raid when he was arrested.
He attempted to escape by running
when they approached, giving as an
excuse for running in order "to protect
my friend"
Bernard J. Flynn, district attorney,
and ]. Randolph Aiken, assistant dis
trict attorney, prosecuted the case for
the Government. They displayed a
photograph of Barnard at the trial and
asked two Federal men, Stanley AL
exander and Mr.. Walter, special agent,
if the picture was that of the man they
saw running away from the still. They
said it was not. Betty Michaels, who
was placed on the stand by the defen-
dant's attorneys, identified the pic
ture as that of Barnard.
Four or. five cases involving viola
lions of the Federal liquor laws
brought pleas of guilty and sentences
to the defendants. They included Den
mis- H. Long, fined 500 and sentenced
to three months in Jail. Georeg F. Faz-
enbaker, fine $100 and three months in
jail; Harry Mckenzie, fined $500 and
six months in Jail, sentence suspended
for two years.
In the Fazenbaker case the Court in
structed the jurors to return verdict
for the Government in its suit to re-
tain an automobile seized during
raid at the home of Fazenbaker in
Garrett county. Fazenbaker's wife
contended the car was her property.
The car was parked in the driveway
to the basement garage in which
still was found. Judge Chestnut ruled
that any personal property seized near
an illicit still can be confscated.
The wife of Fazenbaker said she
was employed at various times as
waitress and had saved $500 to buy
the car, which she usually drove. Fed
eral agents making the arrest of Faz-
enbaker said they found some sugar in
the machine and testified they believed
the car was used to carry material
for making liquor.