The Great Moonshine Conspiracy Trial of 1935 resulted in the indictment of 80 people involved in the illegal production and distribution of
moonshine
Moonshine is high-proof liquor that is usually produced illegally. The name was derived from a tradition of creating the alcohol during the nighttime, thereby avoiding detection. In the first decades of the 21st century, commercial dist ...
whisky
Whisky or whiskey is a type of distilled alcoholic beverage made from fermented grain mash. Various grains (which may be malted) are used for different varieties, including barley, corn, rye, and wheat. Whisky is typically aged in wooden c ...
in Virginia. At the time,
Franklin County was believed to produce the highest volume of illegal liquor in the U.S., colloquially referred to as "the moonshine capital of the world." From 1928-1935, prosecutors alleged that a conspiracy ring had defrauded the government out of 5.5 million dollars in whisky
excise
file:Lincoln Beer Stamp 1871.JPG, upright=1.2, 1871 U.S. Revenue stamp for 1/6 barrel of beer. Brewers would receive the stamp sheets, cut them into individual stamps, cancel them, and paste them over the Bunghole, bung of the beer barrel so when ...
taxes, equivalent to roughly 95 million dollars today. The case is the second longest in Virginia’s history and eventually resulted in 20 convictions, including several officers of the law and government officials.
Description
The alleged conspiracy was uncovered by
federal agent
''Federal Agent'' is a 1936 American crime film directed by Sam Newfield and written by Barry Barringer. The film stars William Boyd, Irene Ware, Don Alvarado, Lenita Lane, George Cooper and Charles A. Browne. The film was released on April 1 ...
Colonel Thomas Bailey, who after distinguishing himself as a hero in
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, became an undercover agent for the federal government. Posing as a small-scale moonshine buyer, Bailey went undercover in Franklin County beginning in 1934. Unlike previous attempts to curtail illegal liquor production, Bailey's plan sought to protect rather than arrest the small
distiller
Distillation, or classical distillation, is the process of separating the components or substances from a liquid mixture by using selective boiling and condensation, usually inside an apparatus known as a still. Dry distillation is the heating ...
s in exchange for incriminating information that could lead to the arrest of the conspiracy's ringleaders. After roughly a year, Bailey was allegedly able to uncover a complex system driven by
bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
and
extortion
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
, in which distillers would supposedly pay local sheriffs for protection from federal law enforcement agencies. In truth, however, the Governor of Virginia had directed law enforcement to take fines from whiskey makers wherever possible in order to relieve congestion in both the courts and jails in the Commonwealth. Bailey's case took roughly two years to build, and charged the defendants with 68 separate counts of illegal activity related to the production of untaxed moonshine whisky. The prosecution summoned 176 witnesses, most of which (if not all) were convicted criminals, versus the defense's 69, taking roughly 10 weeks for the entirety of the testimonies to be heard. In fact, many of the Government's witnesses likely had ulterior motives in testifying for the prosecution because they had been previously convicted by the efforts of some of the defendants.
After a grueling two-month trial, the verdict was finally made public on July 1, 1935. After an examination of the evidence, County Commonwealth's Attorney and grand-nephew of
Robert E. Lee
Robert Edward Lee (January 19, 1807 – October 12, 1870) was a Confederate general during the American Civil War, towards the end of which he was appointed the overall commander of the Confederate States Army. He led the Army of Nort ...
, Charles Carter Lee, along with two others, were acquitted with the other 30 defendants found guilty. Of the charges that were levied against the guilty parties, most were so light that many of them were back in business before they had even been sent to serve their jail time. The Great Moonshine Conspiracy Trial of 1935 resulted in little real effect on illegal liquor production in Franklin County, Virginia.
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Aftermaths
In the 1950s, the court files and official trial transcripts mysteriously disappeared. In the 1990s, the retired lawyer Keister Greer led a thorough investigation to understand where those might have gone.
In popular culture
The 2012 movie '' Lawless'' is set in Franklin County and portrays similar corruption.
References
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Bibliography
* Keister Greer, ''The Great Moonshine Conspiracy Trial of 1935'', History House Pr, 2003
Franklin County, Virginia
20th-century American trials