Lewis Long, reputed to be one of the biggest liquor dealers of this county, was sentenced to eight months on the roads in one case and to pay the costs in another case when tried before Recorder J. Laurence Jones Tuesday. Long’s attorneys, Col. T.L. Kirkpatrick and D.B. Smith, gave notice of an appeal.
Dewey Roberts, confederate of Long’s in the attempt to deliver 12 quarts of liquor at the E.C. Sweeney home, 702 East Morehead street, was given a fine of $300. There was no appeal in this case.
Judge Jones told Roberts, a youth of 22 years, formerly employed at the General Fire Extinguisher Company and now a resident of the Belmont section of the city, that he was exercising every possible leniency in his case with the hope that he could save him from disgrace. Roberts told the recorder he had never been in trouble before and had never gone on any “liquor trips” with Long before the day he was caught.
Attorneys made a vigorous plea for Long after the judge had announced his decision, they declaring the recorder should give every man one chance. They pictured the “gray-haired mother” in the country home, the wife and the 17-year-old daughter as being forced to share the disgrace with Long. Both attorneys grew dramatic as they declared every man in the court room “would be in hell now if it were not for the mercy of God.”
Long Shows Uneasiness
When Col. Kirkpatrick spoke feelingly of the time Long’s mother carried Lewis Long and two other children to the altar for baptism in years gone by, Long showed the first signs of distress of the day. Throughout the hearings of testimony the wrangling of attorneys, Long had taken on the attitude of being bored, as he sat near his attorneys and facing the recorder. But the tender words of Col. Kirkpatrick in connection with the mother brought Long’s eyes to the floor and once he wiped away a tear.
Judge Jones declined to modify his decision after Solicitor Tom Guthrie had declared he was not willing to make a recommendation that it be modified. The solicitor said he would not argue for the decision as announced but could not ask that it be made lighter. Judge Jones sought to have the counsel for State assume some of the burden in the matter of punishment.
Aside from the direct testimony that Long and Roberts were in possession of the liquor when it was about to be delivered at the Sweeney home was the statement of Detectives Moser and West, who “spotted” Long and Roberts, that they had been approached and warned that, if their testimony was strong enough to convict Long, they would lose their jobs on the detective force. It was not indicated as to who issued the warning.
Judge Jones interrupted at this point to say he supposed the detectives had been hearing from the same source from which he had heard. It was learned later that Judge Jones had received an anonymous letter to the effect that it would not be well for him to convict Long and Roberts. Judge Jones made no further comment on this matter and it is understood that he took the matter lightly, much as he has taken other anonymous communications.
Could Not Break Down
Detectives Moser and West proved barriers of evidence for the prosecution which attorneys for the defense were unable to break down. The two officers were put through a heated cross-examination by Colonel Kirkpatrick and Mr. Smith, who attempted for force the statements that the detectives were not positive that Long and Roberts were the men they saw at the Sweeney home. Moser and West held firm in their contentions that they were the two men, disregarding questions of the lawyers which sought to mix them up in their testimony.
First the attorneys thought it peculiar that Moser and West could recognize Long and Roberts owing to the distance between them. Then the difficulty of seeing through a windshield came up, next the possibility of darkening clouds affecting the vision, and last the probability of the detectives being unable to see through the window of the workshop in which they were hiding. The officers did not argue much over the possibilities or probabilities of the vison being affected under such circumstances, but they were positive that it was Long and Roberts whom they saw.
It was during their testimony that the warnings of persons that their jobs would be unsafe if Long was convicted were made known to the court. The detectives testified that they had been warned they would lose their jobs if their testimony caused the defendants’ conviction.
Attempted to Bribe
“You evidently heard from the same persons that I received a letter from,” Judge Jones said, indicating that an attempt had been made to influence him also.
Later, Detective Moser told a representative of The News that he could have filled his pockets with money by agreeing to “fall down” in his testimony, indicting that efforts had been made to bribe him.
Detective Moser, while on the witness stand, told of meeting Long on West Trade street the night before he and Roberts were seen by the detectives making the delivery of liquor.
“Long told me then that there was no use trying to get him as he had ‘closed up for the night,’” Detective Moser testified.
“Yes, as we are going to get you some of these nights,” Moser said he replied.
“No officer will ever get me in that car,” the detective said Long informed him, pointing to a high speed roadster in which the liquor delivery was alleged to have been made the following night.
Detectives Moser and West testified that they fired nine shots, the former shooting five times and the latter four. Neither made an attempt to hit the fleeing men, hoping that the sound of pistol would make them believe they were in danger of being shot and that a surrender would occur. Mr. Moser said he shot at Long’s automobile four times, and fired one shot the in the direction of Roberts. Detective West fired four times in the direction of Roberts.
Colonel Kirkpatrick accused West of shooting to kill Roberts. The detective was vehement in denying that he had done so, defying any man to make the statement that he had ever attempted to kill anyone. T times it appeared that a few more words might bring on a fight between the colonel and the detective, but the lawyer’s query as to whether the officer was mad always brought a negative answer.
Reports existed following the attempt of the officers to catch Long and Roberts that the windshield of the car had been broken by pistol bullets. Detective Moser testified that he did not know if he hit the car, and it was brought brought out by either side that damage to the machine had been inflicted. Attorneys for the defense considered it outrageous that detectives should fire at fleeing men when they did not know if they were guilty of a crime. The officers insisted that they were positive of the contents of the handbag when they brought their guns into action.
Patrolman Ed McLain, of the city police, followed Detectives Moser and West on the witness stand, telling of his efforts to run down Long, the former using the police Ford.
Charles G. Holler, a harness maker, testified that he made the handbag in which the 12 quarts of liquor was found by the detectives after Long and Roberts had fled. He said he had made several handbags for Long in the last few months.
G.M. Riley, city detective, and Clyde Bryant, son of a federal revenue officer, told of an attempt to get Long and some liquor at a house on the Catawba river some time ago.
Assisting Solicitor Guthrie in the prosecution was District Solicitor G.W. Wilson of the superior court; D.E. Henderson of the local bar, and assistant City Solicitor E.B. Bridges. Mr. Henderson was employed by individuals.
The defense offered no testimony.
From the front page of The Charlotte News, July 26, 1921
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JULY 24, 1921:
Lewis Long Out Under $500 Bond. . . Alleged Liquor Dealer and Partner Surrender to Police Saturday
Lewis Long and Dewey Roberts, after evading the police for 10 days, gave themselves up Saturday afternoon and made bond of $500 each to insure their appearance in the municipal court Tuesday morning for trial on charges of transporting and retailing liquor.
The two men went to the office of Col. T.L. Kirkpatrick, who previously had been engaged as their attorney. Colonel Kirkpatrick notified Police chief W.B. Orr and he went to the attorney’s office. Later Long and Roberts were taken to police headquarters and held while bond was being arranged.
The defendants will plead “not guilty” when they appear before Judge Jones, Colonel Kirkpatrick announced.
Representing the defendants with Colonel Kirkpatrick will be David B. Smith. The two lawyers were engaged by friends of Long and Roberts several days ago. Colonel Kirkpatrick stated in court one morning last week that he had been employed as Long’s attorney and that he would appear in court for trial in a few days. The case was docketed on court records following the announcement of the lawyer.
Detectives Moser and West attempted to capture Long and Roberts as the latter was about to deliver a suitcase of liquor at an East Morehead street home. The two men had a lead on the officers in the chase which could not be overcome. Before the detectives could reach the point where Long’s automobile stood, he and Roberts made a successful getaway. Several shots were fired at the two men, Roberts dropped the suitcase and it was found to contain 12 quarts of liquor. Five shots are said to have penetrated the windshield of the automobile, which was driven by Long.
From The Charlotte News, Sunday morning, July 24, 1921
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