The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-04
GOLD BRICK TRIO
SERVE OUT TERMS
Supreme Court Affirms For
mer Verdict.
TWO JUDGES DISSENT
TWO JUDGES DISSENT
Judge Clark Wrote the Opinion Hold
ing that There Was 20 Error.
IT is A CELEBRATED CRIMINAL CASE.
The Three Men Who Attempted 10 Dsfraud
Paul Garrett Have Money at Their Com.
mand and Retained Eminent Chicago
| awvore

serve terms in the penitentiary.
The Supreme Court yesterday affirmed
the decision Of the lower court, Justice
Clark writing the opinion of the court.
Judge Douglas wrote a dissenting opin-
ion and so did Chief Justice Furches.
The case is a noted one, and has at
tracted widespread attention. The swind-
lers are j. l.. Howard, H. d. Hawley and
Frank Thompson, the first two being un-
der sentence of ten years each and the
last one seven years. 1t will be re-
called that they were convicted of con-
spracy to defraud Paul Garrett, of Wei
don. The record of the case reads like a
dime novel, and is intensely interesting
The case was argued before the Su-
preme Court by L. A. Gilmore and Frank
l.. Blair, two prominent Chicago lawyers,
who were retained by the swindlers.
These men evidently have money OF
wealthy friends.
The appeal to the Supreme Court in
volved questions of law entirely. The
principal one of these was whether there
was error in the charge of the judge be-
low. The court held that there was not.
Judge Clark, in the opinion for the court,
said
1.-The evidence is uncontradicted, and
it's chief features will be set out by the
reporter in the statement of the case. 1t
is almost dramatic in it's details, and
presents with striking clearness the
methods of fashion of swindling, which
has doubtless, been little practiced in this
State"
One of the exceptions was that the in
dctment did not set out the means by
which the conspiracy was to be executed.
The point is expressed decided in State
VS.. Brady 107 N. G. S22, says Judge
Clark, where it is held, upon our own
authorities that conspiracy to cheat
and defraud need not charge the means
to be used.
In his dissenting opinion Judge Doug
lass refers to the decision. of the court
as one which to me seems dangerous
in it's tendencies and devoid of legal
basis in it's conclusion.
Judge Douglass further says that he
has no sympathy whatever for gold
brick swindler, land but little for MS
victim who is usually caught in the trap
he thinks he has set for another. He
further expresses the belief that the de-
PENDANTS are all guilty, but he says TINS
would not induce him to deny them their
rights under the law
opinions were handed down by the SUI
preme court as follows:
Loughran VS.. City of Hickory, from
Catawba: modified and affirmed with
costs against defendant.
state VS.. uarwell, from Catawba; no
error
State VS.. Peterson, from Catawba; no
error
Brown VS.. Plott, from Iredell; re-
versed.
state VS.. Howard, from Guilfora;
affirmed.
Commissioners VS.. DeRosset, from New
Hanover; error
Brendle vs. Railroad. from Swain;
judgment by consen. filed affirming
Judgment below
Cases from the Fifteenth District were
argued as follows:
state vs. Foster, by Frank Carter and
Shepherd with Attorney General for the
State; Thos. Settle (and M. w. Brown
by brief for defendant
State VS.. Jarvis, by Frank Carter and
Brown Shepherd and Attorney General
for State; Thos. Settle for defendant.
State vs. Caldwell, from Madison, bV
Shepherd with Attorney General for
state; w. w. Zachary for defendant.
Bank VS.. Bostic, by j. c. Martin Tor
appellee.
Shelton VS.. wilson; continued.
Collins vs. Collins, by w. w. Zachary
for appellant.
Cases from the Sixteenth District Will
be called next Tuesday, December lOtn,
as follows
Log Company vs. Coffin.
jenkins VS.. Fuller.
Henson VS.. Ferguson.
Watkins VS.. Railroad.
Comfy VS.. Railroad.
Love VS.. Railroad.
Westfeldt VS.. Adams.
Adams VS.. Scroggs.
Ogdin VS.. Land Company.
Kimsey VS.. Marble Company.
Jackson VS.. Corporation Commission
continued at request of Attorney Gen
eral, on account of his Illness, and also
at renquest of Corporation Commission.
n~MfsA1e