United States v. McConnell

• Decision Date: 02 January 1923
• Docket Number: 55.
• Citation: 285 F. 164
• Parties: UNITED STATES v. McCONNELL et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

285 F. 164

UNITED STATES v. McCONNELL et al.

No. 55.

United States District Court, E.D. Pennsylvania.

January 2, 1923

John Robert Jones, Asst. U.S. Atty., and George W. Coles, U.S Atty., both of Philadelphia, Pa.

Joseph H. Reich, of Pittsburgh, Pa., William A. Gray, Joseph Willing, John W. Crolly, and J. Washington Logue, all of Philadelphia, Pa Smith & Reilly, of Newark, N. J., Benjamin Lencher, of Pittsburgh, Pa., E. D. Brown and H. S. Dumbauld, both of Uniontown, Pa., David A. Rahilly, of Philadelphia, Pa Thomas F. Farrel, of Wilkes-Barre, Pa., Robert J. Sterrett of Philadelphia, Pa., Bernard B. McGinnis, of Pittsburgh, Pa., Abraham Salsburg, of Wilkes-Barre, Pa., Oscar R. Cummins, of Johnstown, Pa., Ralph C. Davis and Mortimer B. Lesher, both of Pittsburgh, Pa., Henry W. Braude and Chas. D. McAvoy, both of Philadelphia, Pa., Fred B. Moser, of Shamokin, Pa., George Russell, of Philadelphia, Pa., E. Lowry Humes and Mayer Sniderman, both of Pittsburgh, Pa., John Dando, of Wilkes-Barre, Pa., Joseph H. Lieberman, of Philadelphia, Pa., and Andrew Hourigan, of Wilkes-Barre, Pa., for defendants.

THOMPSON District Judge.

The indictment charges a conspiracy to defraud the United States by the unlawful issuance of permits to purchase liquor in amounts and character other than those to which the permittee was lawfully entitled, to persons not permittees, and in the names of permittees who had not made applications or applied for permits, and at offices of the Director of Prohibition, where the records of permittees were not on file. The indictment sets out that the 47 defendants named conspired to defraud the United States in issuing and causing to be issued fraudulent permits by McConnell, Prohibition Director, and prohibition agents in charge of the Philadelphia and Pittsburgh offices, to be used by others in obtaining liquor from vendors for unlawful sale, delivery, and transportation. A widespread conspiracy is charged, of which McConnell, the Federal Prohibition Director for Pennsylvania, is made the head, with, as subheads, Wolfe, the prohibition agent in charge of the Pittsburgh office, Slater, prohibition agent and secretary to the Director, and Benner, prohibition agent, both of the latter of the Philadelphia office, and all three having the power of approving applications for permits, and Wolfe and Slater having authority to sign the Director's name and issue permits for their respective localities.

The conspiracy was to be accomplished through subgroups. The fraudulent permits were to be issued by McConnell, Slater and Benner, to Singer, Blumberg, and others, who were to use them in the purchase and withdrawal of liquor, were to cause it to be transported, and were to sell and deliver it to Bookbinder, McCarter, and others. They were to be issued by McConnell and Wolfe to Robin and others, who were to use them in the purchase and withdrawal of liquor, were to cause it to be transported, and were to sell and deliver it to persons unknown. They were to be issued by McConnell and Wolfe to Branagan and Gottfried and others, who were to use them in the purchase and withdrawal of liquor, were to cause it to be transported, and were to sell and deliver it to persons unknown. They were to be issued by McConnell, Slater, and Benner to Smith, Kearns, and others, who were to use them in the purchase and withdrawal of liquor, were to cause it to be transported, and were to sell and deliver it to persons unknown. The indictment then sets out overt acts by Wolfe, Benner, and Slater in connection with the issuing and signing of permits, and by Singer and...