Mr. PINGLEY. Some of them seemed to be of factory design or factory build and there were others just roughly constructed like some saw and hatchet man had built them and nailed them together. Mr. BROWN. Did you recognize any of the brands?

Mr. PINGLEY. Yes, sir.

Mr. BROWN. What brands did you recognize?

Mr. PINGLEY. Taylor Rye, McGuiness Rye, Inverness Club, Old Farm, and Sam Thompson. There were several others.

Mr. BROWN. Do you remember whether there was any Overholt there?

Mr. PINGLEY. Yes, sir; there was an Overholt crate there; maybe two, and some others.

Mr. BROWN. How did it come that you observed the brands?

Mr. PINGLEY. I said, 66 John, there are new kinds still on the market that we never got to see."

Mr. BROWN. Did you recognize any of them as old friends?
Mr. PINGLEY. Oh, yes.

Mr. BROWN. You may inquire.

Mr. DYER. May I ask you, Did you see any bottles containing liquor?

Mr. PINGLEY. I could not tell whether there was liquor in them. I could see the tops of some of them. I could not tell what was in them.

Mr. DYER. You saw no bottles with liquor in them?

Mr. PINGLEY. I could not see anything in them.

Mr. DYER. Where did you get these names?

Mr. PINGLEY. It was on the outside of the crates, of the cases;

just stenciled on. They were possibly put on with a brush.

Mr. DYER. Where was it that you saw this liquor?

Mr. PINGLEY. In front of the post-office building at Elkins.
Mr. DYER. Is that the only place you saw it?

Mr. PINGLEY. Yes, sir; that is the last I saw of it.

Mr. FOSTER. When do you think it was?

Mr. PINGLEY. I am not certain, but I would rather say it was in 1922.

Mr. FOSTER. What season of the year 1922 would you say?

Mr. PINGLEY. I know that the weather was reasonably good. It was not bad weather.

Mr. FOSTER. Would you say spring had passed?

Mr. PINGLEY. I could not answer that question and be positive. Mr. FOSTER. You were asked whether it was in the fall of 1921 or early in 1922?

Mr. PINGLEY. I could not answer that and be positive of it. I would rather say 1922.

Mr. FOSTER. Was it the first half of the year or the last half of the year?

Mr. PINGLEY. It might have been the spring; I am not sure. Mr. BROWN. Do you recall the appointment of John Koontz as United States marshal?

Mr. PINGLEY. No, sir; I do not.

Mr. BROWN. Do you know that he was the deputy marshal located in Elkins at the time you saw this liquor?

Mr. PINGLEY. Yes, sir.

Mr. BROWN. And you talked with him?

Mr. PINGLEY. Yes, sir.

Mr. BROWN. And did you state that he said where they were going to store it?

Mr. PINGLEY. He said they were storing it in the clerk's locker.
Mr. BROWN. In the clerk's office in the Federal building?
Mr. PINGLEY. That is what he said, upstairs.

Mr. BROWN. That is all; you may inquire.

Mr. CONIFF. We have nothing to ask.

TESTIMONY OF MR. A. T. BARRETT, CHIEF DEPUTY MARSHAL, NORTHERN DISTRICT OF WEST VIRGINIA

(The witness was duly sworn by the chairman.)

Mr. SCHUCK. Your name is A. T. Barrett?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. Mr. Barrett, you are at present chief deputy marshal for the northern district of West Virginia?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. How long have you been such chief deputy marshal? Mr. BARRETT. Since April 17, 1922.

Mr. SCHUCK. Previous to that time, what governmental connection did you have?

Mr. BARRETT. I went in the Government service in January, 1906, in the United States marshal's office. I remained there until 1914 and I went out and later was made clerk of the United States Dis. trict Court, appointed by Judge Dayton on the 31st day of March, 1917.

Mr. SCHUCK. Just previous to the time that you were made chief deputy marshal, you were the clerk of the United States District Court for the Northern District of West Virginia?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. How long had you been such district clerk?
Mr. BARRETT. Four years and four months.

Mr. SCHUCK. You are acquainted with the Federal building at Elkins and its arrangement, the offices that were occupied by Federal officers?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. I will ask you what the arrangement was in 1921, with reference to the clerk's office, whether or not there was a vault in the office there?

Mr. BARRETT. There were two rooms occupied by the clerk. The first room contained a vault, a steel vault.

Mr. SCHUCK. How large was that vault?

Mr. BARRETT. I do not know exactly; it must be 6 by 8 feet, I should say.

Mr. SCHUCK. Six by eight feet?

Mr. BARRETT. Yes.

Mr. SCHUCK. And how deep is it?

Mr. BARRETT. Well, it goes up as high as the ceiling.

Mr. SCHUCK. About 12 feet?

Mr. BARRETT. Yes.

Mr. SCHUCK. At that time where was the marshal's office-the marshal of the northern district of West Virginia?

Mr. BARRETT. At Wheeling.

Mr. SCHUCK. Was there any marshal's office at Elkins? Mr. BARRETT. No, sir; none other than there was a field deputy who occupied an office.

Mr. SCHUCK. Who was that?

Mr. BARRETT. Mr. Koontz.

Mr. SCHUCK. When was John Koontz appointed deputy marshal, if you know?

Mr. BARRETT. Well, he was first appointed under Mr. C. D. Smith. I do not know what the date was, but his appointment was made, I presume, on the 1st day of April, 1922, by Louis Buchwold, United States marshal.

Mr. SCHUCK. How long had he been deputy marshal previous to his appointment by Mr. Buchwold?

Mr. BARRETT. I do not remember.

Mr. SCHUCK. When was Judge Baker made judge of this district?

Mr. BARRETT. April, 1921.

Mr. SCHUCK. I will ask you with reference to that time, if your memory serves you now, as to when John Koontz became a deputy marshal?

Mr. BARRETT. You mean under Smith or Mr. Buchwold?

Mr. SCHUCK. Under Smith.

Mr. BARRETT. I do not remember about that. The records, of course, would show. He had been deputy marshal some time.

Mr. SCHUCK. Previous to the time of his appointment by Buchwold?

Mr. BARRETT. Yes.

Mr. SCHUCK. I will ask you now, Mr. Barrett, whether from that time from the time that you have been chief deputy marshal-there has ever passed into your hands or into your office any order of destruction issued by the United States court of this district for the destruction of liquor?

Mr. BARRETT. During my time as clerk?

Mr. SCHUCK. During your time as deputy marshal.

Mr. BARRETT. I think not; not that I recall.

Mr. SCHUCK. And you have been such deputy marshal since what'

time?

Mr. BARRETT. April 17, 1922.

Mr. SCHUCK. April 17, 1922?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. Just previous to that you say you were clerk?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. Within the year or year and a half previous to that was there any order that passed into your hands, or through your hands as clerk, for the destruction of liquor?

Mr. BARRETT. No. I served from-Judge Baker was appointed in April, 1921, at Martinsburg and I went out on the 31st day of July, the same year, 1921. I knew nothing about the orders. There were nine months that I was out of the service.

Mr. SCHUCK. But you were in the service as clerk about four months under Judge Baker?

Mr. BARRETT. April, May, June, and July, 1921.

Mr. SCHUCK. Of 1921?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. Did you know Mr. Hannen who was just on the stand, the prohibition officer?

Mr. BARRETT. Very well.

Mr. SCHUCK. Did you know that he was the prohibition officer in charge during those four months in this district?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. I will ask you whether at that time any order for destruction passed through your hands during the four months that Judge Baker was on the bench and you were still clerk of this court? Mr. BARRETT. I do not recall.

Mr. SCHUCK. If such an order had passed through your hands, would you now recall it?

Mr. BARRETT. I think so.

Mr. SCHUCK. Mr. Barrett, I will ask you if you were present at a term of court at Clarksburg about April of 1921, when Judge Baker had already been made judge.

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. I will ask you to state whether or not you saw him in court on the morning that was referred to by Mr. Hannen, when he was on the stand?

Mr. BARRETT. Yes, sir.

Mr. SCHUCK. What was Judge Baker's condition that morning, if you know, with reference to whether or not he was intoxicated? Mr. BARRETT. Well, I can not say that Judge Baker was intoxicated, but he did not look very good. He looked a little as if something was the matter with him. He did not look natural, in other words.

Mr. SCHUCK. Just describe to the committee what his appearance was and what it indicated to you.

Mr. DYER. Was he drunk or sober?

Mr. BARRETT. Well, he was not drunk.

Mr. DYER. Was he able to discharge his official duties?

Mr. BARRETT. Yes, sir; he went on the bench, and we had naturalization day that day. He did not come into court until late. I did not know anything about what was the trouble.

Mr. DYER. Were you in court during the day?

Mr. BARRETT. Yes, sir; I was still clerk.

Mr. DYER. And you observed nothing with reference to his condition to indicate to you that he was not able to properly discharge his official duties?

Mr. BARRETT. No; I did not see anything of that kind. I had occasion to speak to Judge Dayton on the bench that morning. Mr. SCHUCK. You mean Judge Baker?

Mr. BARRETT. Judge Baker. And I thought I discovered the scent of liquor on his breath.

Mr. DYER. The question I asked you was this: During that time did you observe anything in the manner or the condition of the judge to indicate to you that he was not able to discharge his official duties properly? That is the question I wanted you to answer.

Mr. BARRETT. Well, he discharged his duties. Whether he felt able to do it or not, I do not know.

Mr. DYER. Can't you answer that question?
Mr. BARRETT. I do not know.

Mr. DYER. He was not under the influence of liquor, so far as you observed?

Mr. BARRETT. I do not think so.

Mr. SCHUCK. I will ask you whether at a subsequent term in Wheeling, in the McClure House, you did see him under the influence of liquor while a term of court was on there?

Mr. BARRETT. Yes, sir; I did.

Mr. SCHUCK. When was that?

Mr. BARRETT. It was the October term, 1922.

Mr. SCHUCK. And who else was there at the time that in that condition?

you saw him

Mr. BARRETT. I do not know that I can recall. Mr. Charley Sharpe was there. Mr. Coffman was there, and I think I saw Judge Nesbitt in the lobby there that night. There were other people, but I did not pay much attention to it. It was sort of disgusting to me. I was sitting there reading a paper when they came out of the dining room, and I got up and went over to the far side of the lobby and sat down.

Mr. SCHUCK. You mean it was disgusting to you to see a United States judge in that condition?

Mr. BARRETT. Yes; it was.

Mr. SCHUCK. That was while you had a term on at Wheeling? Mr. BARRETT. We had a term on at Wheeling.

Mr. DYER. What was his condition?

Mr. BARRETT. He was what I would term in an intoxicated condition, gentlemen.

Mr. DYER. What did he say or do?

Mr. BARRETT. He was talking pretty loudly.

Mr. SCHUCK. He was talking about his wealth that night, was he not?

Mr. BARRETT. I did not hear much about that.

Mr. SCHUCK. Tell us what you did hear.

Mr. BARRETT. I heard but very little that he said, because when I saw him-I looked at him, of course, and I just got up. I did

not want to see any more.

Mr. HICKEY. Did he stagger when he walked?

Mr. BARRETT. I can not say that he staggered.
Mr. FOSTER. Did he use any improper language?

Mr. BARRETT. No, sir; not that I heard.

Mr. SCHUCK. What, if anything, did you hear him say at that time about charges being preferred against him?

Mr. BARRETT. I did not hear him say that. I heard that he said what he said, but I did not hear him say it myself.

Mr. SCHUCK. You did not hear him say it?

Mr. BARRETT. No, sir.

Mr. FOSTER. You say he did not use improper language and was not staggering. You can not repeat what somebody else said. Is that the nearest you can come to describing the condition in which you saw him?

Mr. BARRETT. I do not pretend to repeat what somebody else said that he said.

Mr. FOSTER. You say you did not see him stagger and you heard no improper language.