TESTIMONY OF MR. WILLIAM W. WHEELER (The witness was duly sworn by the chairman.) Mr. SCHUCK. Mr. Wheeler, I will ask you if you were one of the prohibition agents in the northern district of West Virginia? Mr. WHEELER. From the fall of 1919 until the spring of 1921; yes, sir. Mr. FOSTER. Are you any relation to Wayne Wheeler? Mr. WHEELER. Not a bit. Mr. CONIFF. In the fall of 1919? Mr. WHEELER. I was appointed in the latter part of December, 1919. Mr. CONIFF. Until what time? Mr. WHEELER. Until April, 1921, if I remember right the date, or 1922. Mr. SCHUCK. I will ask you whether during any part of that time Judge Baker had been inducted into office and was on the Federal bench as judge in the northern district? Mr. WHEELER. I was not working in this northern district of West Virginia while Judge Baker was sitting. However, I was working in the southern district of Ohio, and having some cases that were continued in the northern district, was called back as a witness. Mr. SCHUCK. I will ask you whether there was one particular case in which you had the evidence in the shape of a jug, or demijohn, of what is known as red whisky? Mr. WHEELER. Yes, sir. Mr. SCHUCK. Do you recall the style of the case? Mr. WHEELER. I recall this much of it, that I was called in as a witness and we had some stills and mashes and whisky, etc., that was in the marshal's office in this building, in charge of Charlie Cook, who was deputy marshal at that time, and I was asked to bring in the evidence in several cases. I do not recall the names. If I could see the record, I would probably recall some of them. I did so. It was one half-gallon jug of red whisky. Mr. SCHUCK. What afterwards became of that jug of whisky, if you know? Mr. WHEELER. While being examined, the case was stopped and continued to Martinsburg, if I remember right. It was a case of sickness, and was on the suggestion, I believe, by the district attorney's office, that they continue the case because of sickness, I believe, of a man's wife, or some one was very sick. Mr. SCHUCK. To the next term at Martinsburg? Mr. WHEELER. Yes, sir; the next term at Martinsburg. Mr. WHEELER. I was asked by Judge Baker, while sitting in the witness chair at the right of this bench, to deliver— Mr. SCHUCK. That is, he was presiding where the committee is sitting? Mr. WHEELER. Yes, sir. Mr. SCHUCK. And the witness chair is right beside where Mr. Koontz is sitting? Mr. WHEELER. Yes, sir; right here in this corner. Mr. SCHUCK. You say the judge leaned over the bench there and talked to you? Mr. WHEELER. He told me to bring the jug into that chamber right there [indicating]. Mr. SCHUCK. That was his private chambers? Mr. WHEELER. That is what it is known as. Mr. SCHUCK. Did you take the jug into him? Mr. SCHUCK. Is that the last you saw of the jug? Mr. WHEELER. That is the last I saw of the jug. Mr. SCHUCK. Were you present at Martinsburg when that same case was called later on? Mr. WHEELER. I was. Mr. SCHUCK. Was the evidence forthcoming at that time? Mr. WHEELER. No, sir. Mr. SCHUCK. Did you ever know what became of it? Mr. WHEELER. No, sir. Mr. SCHUCK. The last you saw of it, it was over in the judge's room? Mr. WHEELER. Yes, sir. Mr. SCHUCK. And was taken there at his request? Mr. WHEELER. Yes, sir; he told me to. Mr. SCHUCK. Was there anything said about the absence of the liquor at Martinsburg? Mr. WHEELER. If I remember right, the attorney for the defense asked if there was any evidence in the case; and, if I remember right, Judge Baker says, "The evidence was produced at Parkersburg," or words to that effect. I do not recall exactly what was said, but the words were about that. Mr. SCHUCK. But it was not forthcoming at Martinsburg? Mr. WHEELER. It was not forthcoming at Martinsburg. Mr. SCHUCK. You have no interest in this case one way or the other? Mr. WHEELER. No, sir. Mr. SCHUCK. At what do you work now? Mr. WHEELER. The Standard Oil Co. Mr. SCHUCK. You say you have been away from the Government for the last three or four years? Mr. WHEELER. Since 1921. Mr. SCHUCK. You have not any relation with Judge Brown in any way! Mr. WHEELER. No, sir. Mr. SCHUCK. Where are you working at the present time? Mr. WHEELER. At the Standard Oil Co. Mr. SCHUCK. Where? Mr. WHEELER. Parkersburg, W. Va. Mr. KURTZ. What became of the case? Mr. WHEELER. I believe the case was nollied-set aside. Mr. KURTZ. There was no conviction? Mr. WHEELER. I do not recall that there was. Mr. SCHUCK. You may ask. Mr. CONIFF. Do you know anything about what became of the case? Mr. WHEELER. I do not. I was answering him. Mr. CONIFF. You were not in attendance on that case. Mr. WHEELER. I was in Martinsburg when the case was called. Mr. CONIFF. You mean physically? Mr. WHEELER. That is known as the Martini case. here in Parkersburg. He was arrested three times. It happened Mr. CONIFF. Do you know what was done with the case? Mr. WHEELER. I do not know, sir. Mr. CONIFF. Who was the defendant? Mr. WHEELER. I stated that in the first place, I do not recall. Mr. CONIFF. You do not remember his name? Mr. WHEELER. No, sir; I do not. Mr. CONIFF. What was he charged with-just possession? Mr. CONIFF. You do not know his name at all? Mr. WHEELER. No, sir. The case, if I recall right, was made in Wheeling, if I remember right. I am not positive. If I remember, it was on Oeff, or Off Street, where we found two or three banana baskets full of whisky, and a wash boiler and four or five cases a man and his wife, or a mother and son, and the son worked in the fire department. Mr. CONIFF. The son worked in the fire department? Mr. WHEELER. If I remember right, that was the case. Mr. WHEELER. I think it was. Mr. CONIFF. Where on Oeff Street, if you remember? Mr. WHEELER. Well, Oeff Street runs east and west, does it not? Mr. CONIFF. No; it runs north and south. Mr. WHEELER. There is the fire department on the same street, isn't there? Mr. CONIFF. Yes. Mr. WHEELER. On the left-hand side, as you go down that way [indicating]. Mr. CONIFF. Toward Seventeenth Street? Mr. WHEELER. Yes. Mr. CONIFF. Do you remember the term at which this came up at Wheeling? Mr. WHEELING. No, sir; I do not remember. It has been so long ago that I never remember any more about it. Mr. CONIFF. It came here, I understand, from Wheeling? It was a Wheeling man, but indicted here? Mr. WHEELER. It happened to come here. The court was in session at Wheeling, and when the court is in session whisky was pretty hard to find, and at night we would gather information as much as we could. When court adjourned, thinking we were out of town-we gave them credit for thinking we were out of townthe next two or three days is when we would make our cases, and naturally the commissioner would set them for Parkersburg, or the next term which followed Wheeling. Mr. CONIFF. Do you gentlemen recall the name of that case? Mr. CONIFF. Who defended it here; do you recall? Mr. WHEELER. No, sir; I do not. Mr. CONIFF. The case was continued here on account of sickness? Mr. WHEELER. The case eventually went over to Martinsburg from here. Mr. CONIFF. On account of sickness? Mr. WHEELER. Yes. Now, I was on the witness stand when the district attorney and counsel for the defense Mr. CONIFF. Do you remember the term? Mr. WHEELER. No, sir; I do not. If I remember, it was in the wintertime. Mr. CONIFF. You had this jug? Mr. WHEELER. Half a gallon jug. Mr. CONIFF. Was it used in any way? Did you turn it over to anybody here in the court room before the case ended? Mr. WHEELER. No; it was in the marshal's office from the time. the case and evidence was brought here, with some stills, etc., a few boilers, and so on. Mr. CONIFF. What was the occasion of getting it out here in court? Mr. WHEELER. It was ordered out as evidence in the case. Mr. CONIFF. The case was not tried? Mr. WHEELER. I was on the witness stand, and then the case was stopped and continued to Martinsburg. Mr. CONIFF. After the case started? Mr. WHEELER. I think so. Mr. CONIFF. Are you sure of that? Mr. WHEELER. I am positive of that. Mr. CONIFF. Was the jury in the box? Mr. WHEELER. Yes, sir. I know I was the first witness, and I hardly got on the witness stand. Mr. CONIFF. You were on the witness stand and the jury was in the box? Mr. WHEELER. If I remember right. Mr. CONIFF. And you say the case was interrupted and sent to Martinsburg, after the jury was in the box? Mr. WHEELER. If you will recall, a lot of times, Mr. Byrer will know when he was assistant district attorney in this district, that several times, when cases came on, on informations as they used to call them, they would take the agent's testimony in the case without the jury. Mr. CONIFF. Well, this was a case of possession, as I understand, but you recall in this case, now, you were on the stand and there was a jury in the box? Mr. WHEELER. I do not say I recall there was a jury in the box; no, sir. It has been quite a while ago. Mr. CONIFF. I thought you said there was a jury in the box? Mr. WHEELER. No, sir. Mr. CONIFF. Go on. Mr. WHEELER. I was on the witness stand. Mr. CONIFF. What occasioned the liquor being here in the court room? Mr. WHEELER. It was ordered out here by the district attorney. Mr. CONIFF. You were on the witness stand? Mr. WHEELER. Yes, sir; I was. Mr. CONIFF. What were you doing? Mr. WHEELER. I was probably testifying what I knew about the case. Mr. CONIFF. It seems the case did not start here; that it was continued on account of sickness? Mr. WHEELER. I have just got through saying, Judge Coniff-I have told you this twice-I was on the witness stand. Mr. SCHUCK. Wait until he finishes it. Mr. WHEELER. I was in the act of giving my testimony when counsel for the defense and the district attorney got together-it may have been a telegram, or it may have been a telephone call, or it may have been a doctor came in, or it may have been sickness, or other things I might mention if ladies were not present, that might have stopped the case. Mr. CONIFF. This liquor was not present, except it was brought in here while you were testifying? Mr. WHEELER. It was brought in here by me from the vault in the marshal's office. Mr. CONIFF. You had not any custody of that. Mr. WHEELER. It was in the marshal's office-I imagine it wasfrom the time until I was asked for it. Mr. CONIFF. Were you then in custody of the marshal's office? Mr. WHEELER. No, sir; I was not. Mr. CONIFF. Then the whisky was not in your custody? Mr. WHEELER. No, sir. Mr. CONIFF. After the case was continued to Martinsburg, do you mean to tell the gentlemen of the committee you retained the custody of that liquor? Mr. WHEELER. I do not; I put it there in Judge Baker's room. Mr. CONIFF. But you retained custody until Judge Baker leaned over and said to take it into his room? Mr. WHEELER. I do not know whether I did or not. I left it up to the court here. Mr. CONIFF. Where was it? Mr. WHEELER. These tables set across like this [indicating], and it was setting on a table probably like this table, where that table is [indicating], on top of the table, one-half gallon jug, with the cork in it and the label on the bottle. Mr. CONIFF. The judge was on the stand, still? Mr. WHEELER. Yes, sir; sitting up there. Mr. CONIFF. Did he call you up to the bench? Mr. WHEELER. No, sir; he leaned over here, as he did lots of times. Mr. CONIFF. And asked you to take that into his room? Mr. WHEELER. He did. Mr. CONIFF. Who was present when that occurred? Mr. WHEELER. The agents, and after the evidence had stood there, I think the marshal said to Mr. Byrers, or, if it was not Mr. Byrers Mr. CONIFF. Was Mr. Byrers here in court? Mr. WHEELER. At that time? Mr. CONIFF. Yes. Mr. WHEELER. If I recall, he was. Mr. CONIFF. And was the clerk here, Mr. Coffman or Russell Barrett-do you know him? Mr. WHEELER. I know Russell Barrett; yes, sir. Mr. CONIFF. Was he here? Mr. WHEELER. I believe Russell Barrett was sitting at the clerk's desk there; I am not sure about that. |