SANBORN, District Judge.
Owing to the indisposition of Judge Cant, who tried the case, counsel for the defendant Kennedy and for the government very kindly consented that the motion might be heard by me upon the transcript of the record.
The defendant Kennedy, with some eight other defendants, was indicted for a conspiracy to violate the National Prohibition Act by setting up on the Paul Dorow farm, in Pine county, a distillery for the manufacture of intoxicating...
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