United States of America vs John Martin

It appearing from the foregoing evidence to the satisfaction of the Commissioner that the offense which the said John Martin is charged, has been committed, and that there is probable cause to believe him guilty therof, it is ordered that he find sufficient bail in the sum of Four Hundred DOLLARS, for his appearance at a District Court of the United States, for the Western District of Arkansas, to be holden on the 10th day of January 1898, at the United States Court Room, at Fort Smith, in said District, to answer said charge, and that, in default of finding such bail, he stand committed, and the other defendants are discharged.

Nathan B. Williams

U.S. Commissioner


United States of America
Western District of Arkansas
Before Nathan B. Williams, United States Commissioner.

United States


B. Dissney, John Gibson, John Meade, Jack Riley and John Martin




On this 1st day of November 1897, came the United States of America, the plaintiff in this cause, by _____________________________ U.S. Attorney, and the defendant in Their own proper person, in custody of the Marshal and by___________Attorney,________________________when the following testimony was heard and proceedings had, to wit:

Mathias Engal being duly sworn, deposes and says: I reside near Purdy, Ark and know the defendants in this case B. Dissney, John Gibson, John Mead, Jack Riley and John Martin. I am 53 years old. I have lived where I live since last spring, but I have lived in that same neighborhood about eight or nine years. I saw an illicit distillery in operation in Madison County, Arkansas, on or about the 10th day of August, 1897. It was located on the farm of John Gibson. I believe it was said it held about sixty gallons; and was made of copper. It was set up and in operation when I saw it. It was set in a stone furnace. There was a worm and the product of the still was foaming through the worm of the tube. I saw it. I saw three boxes of beer and two kegs of whiskey. They were ten gallon kegs and I do not know whether they were full or not. I saw whiskey drawn from each one of the kegs. There was a fire in the furnace under the still of the time I saw it.

I saw Lewis Curbow, John Martin, Jack Riley, John Meade, ------- Hawkins, B. Dissney there at the still. John Martin was working the distillery. I saw Jack Riley get some whiskey and pay for it. He gave the money to John Martin. John Meade was doing nothing but drinking beer. B Dissney was doing just about the same that John Meade was. I heard both John Martin and Lewis Curbow say that the still belonged to them.

B. Dissney on his oath says-

John Meade and I were on our way home from swimming and accidentally came upon the still. I was never there but the one time and do not know who owned the still. I had no interest in it. John Meade is 15 years old and I am sixteen.

B. X Dissney

his mark



United States of America,
Western District of Arkansas,

J.J. Riley a surety on the annexed recognizance, being duly sworn, deposes and says that resides in Marble, Ark in the county of Madison in said district, that he is a freeholder in the County of Madison that he is worth the sum of Five Hundred Dollars, over and above all his just debts and liabilities, in property subject to execution and sale and that his property consists of one-half interest in a grist mill, mill valued at two thousand dollars, one mule, one yoke of work cattle, 30 head of hogs, 600 bushels of corn, 50 bushels of wheat and farming implements and utensils.

J.J. X Riley (Signed)

his mark

Sworn to and subcribed before me this 1st day of November, 1897.

Nathan B. Williams (Signed)

United States Commissioner