United States v. Pritchard, C/9190.

• Court: United States District Courts. 4th Circuit. United States District Court of South Carolina
• Writing for the Court: Oscar H. Doyle, U. S. Atty., of Greenville, S. C., for the United States
• Citation: 55 F. Supp. 201
• Parties: UNITED STATES v. PRITCHARD et al.
• Docket Number: No. C/9190.,C/9190.
• Decision Date: 20 May 1944

55 F. Supp. 201

UNITED STATES
v.
PRITCHARD et al.

No. C/9190.

District Court, W. D. South Carolina.

May 20, 1944.

Oscar H. Doyle, U. S. Atty., of Greenville, S. C., for the United States.

D. W. Galloway, of Spartanburg, S. C., for defendant Woodfin Vance Waters.

WYCHE, District Judge.

The defendant, Woodfin Vance Waters, was convicted on the second count of an

55 F. Supp. 202

indictment in the above case, charging him, Clarence Lockhart and Amos Duncan Pritchard, with knowingly and unlawfully engaging in, or carrying on, the business of distillers of spirituous liquors, without having given bond, as required by law, and with intent to defraud the United States of the tax on the spirits distilled by them, contrary to the form of the statute, etc. 26 U.S.C.A. Int.Rev.Code, § 2833. Clarence Lockhart was acquitted; Amos Duncan Pritchard was in the armed forces of the United States, and the District Attorney did not ask a true bill as to him

At the conclusion of all the testimony, the defendant Waters moved for a directed verdict of not guilty as to him. Motion was overruled, and the matter is now before me upon defendant Waters' motion for a new trial, on the ground that there is no evidence to sustain the verdict of the jury, and that a verdict of not guilty should have been directed by the court.

The testimony discloses that officers of the law, as a result of information theretofore received, went to Hogback Mountain about twelve o'clock noon on November 26, 1943, and found an illicit distillery in operation. The distillery was seized and destroyed, along with 1050 gallons of sugar and shorts mash, and 27 gallons of whiskey that had been manufactured before the officers arrived. Pritchard and two unidentified men were at the distillery, and fled upon the arrival of the officers. Pritchard was apprehended and the other two escaped. There was evidence of considerable travel to the distillery. It was about 50 yards from a pond from which the water for the distillery was piped. About five o'clock of the same day the officers saw the defendant Waters driving a pickup truck along the road leading toward the distillery, and apprehended him about three-fourths of a mile from where the distillery was located. No liquor was found in the truck driven by the defendant, or anything else which could be used in carrying on the work of operating the distillery, except ten cases of one-half gallon fruit jars, and sixty one-gallon jugs, which were intended to be used for containers for whiskey manufactured at the distillery. When apprehended the defendant Waters admitted that he was coming after the whiskey at the distillery that the officers had destroyed and later gave the following written statement to the officers of the law: "My full name is Woodfin Vance Waters, Alias Woody or Woodrow, I live at Rt #4 Spartanburg, S. C. I work for Boyd Riding near the City Limits of Spartanburg. I am not married. I am 39 years old, 145 lbs, Grey eyes, Brn hair, Med build. I was arrested in Polk County, N. C. for making whiskey in 1940 and was fined 141.70, and was arrested twice in August 1943 in Spartanburg County, S. C. for selling whiskey, and was fined 100.00 in one case and one case is pending. That is all I have been up for except some minor charges. I have never been in Federal Court before. I have no financial responsibility. On Nov. 25, 1943 I asked the owner of the 1935 Pick-up Ford Truck that I had been driving around the place where I worked if I could borrow the truck to go visit my folks in Tryon, N. C. the next day, and he said that it was alright. At about 3:PM on Friday Nov. 26, 1943 I left my folks in Tryon, N. C. and went into town and bought about 10 cases of half-gallon fruit jars¹ and about 60 one Gal. jugs and then proceeded up the Hogback Mtn. road. I was going to the Club House on top of the mountain and get a load of whiskey. Arrangements had already been made to pick this whiskey...