Sawyear

The appellants were tried upon an indictment charging in the first count a conspiracy to violate the National Prohibition Act (27 USCA), in the second the prosecution of a distilling business without giving bond as required by the revenue law, and in the third the making and fermenting of 3,000 gallons of mash in a place other than a distillery authorized by law. They were all found guilty on the first and third charges, and Benjamin Newman alone was found guilty on the second.

The evidence for the government consisted mainly of the testimony of four prohibition agents. Smith and Jackson went to defendant Andrea’s ranch, at a remote place in the woods, about midnight, and in a still house there observed a large still in operation. Upon entering they found defendant Oswald Newman standing beside the still and defendant Sawyear asleep on a mattress. Upon being awakened, the latter expressed doubt that the agents were federal officers, for, as he said, when he was employed shortly prior thereto the man who hired him rep *570 resented that the still was “protected.” Other conversations of an incriminating character ensued between the agents and these defendants. -The still was of 500…