The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-03
ODELL FOUND GUILTY
MUST SERVE THREE MONTHS IN
JAIL AND PAY $1,000.
SIX MONTHS ON CHANGING.
TO BE HIS PORTION If PAYMENT
OF FINE Is DEFAULTED.


Policy Lottcry-OdcII Has APP
penIed for New Trial and Pending
Decision Has Given BOnd-Irinl
Lasted but Two Hours and IA Half.
Judge Barrow in Passing Sem
tence said 1t WINS Third Time De-
PENDANT Had Been Found Guilty
of Snme Crime.
Charles J. Oden, tried in the Superior
Court yesterday on the charge Of
maintaining policy lottery, was
found guilty with d recommendation
to the mercy Of the court, and was
sentenced to serve three months in
Jail, to pay a fine of $1,000 and costs,
and in default of that to work six
months on the county changing.
Judge Pope Barrow in passing SEN
tence said: In this case there is a
recommendation by the jury to the
mercy of the court, and l generally re-
spect recommendation of the jury
when I can. If this were your first Of
Tense of this description in this court
I'd content myself with imposing a
fine. but this is the third time you
have been before this court in the last
two of three years. You were here in
1898 and in 1893, were found guilty and
were fined in each case. 1t seems that
fines have done no good in your case"
Flushed at This Sentence.
Odell, who was standing in the rear
of the court room when the sentence
was pronounced, flushed, but said
nothing, and Immediately afterward left
the court room with one of his coun-
sci, Mr.. Robert L. Colding.
A motion for new trial has been
filed and, pending Judge Barrow's de-
cision, Odell has given bond for his ap-
pearance and is at liberty.
The trial. from the time it was call
ed until sentence had been passed, oc-
cupied but two hours and a half. So
licitor General Osborne represented the
prosecution, while Col. z. w. Meldrim
and Mr.. r. /. Colding represented the
defense. Ten witnesses were put on
the stand, eight of them negroes. After
they had been examined, the state let
the case go to the jury at once with
out argument.
Col Meldrim spoke on behalf of
Oden, claiming that the evidence in
troduced by the state was insufficient
to prove it's contention, spoke OF the
value of negative testimony and called
attention to the fact that one of the
states witnesses had stated Odeu to
be of good character
Witnesses Statements.
Mack Jones testified that he knew
that Odell carried on policy lottery
explained how policy is conducted
even to the minutiae of the drawings,
and said that as far as he knew in
this case Odell turned the wheel, paid
out the money and tended to all the
general business of the game. lie
said that it was conducted at NOS. IL
and Is Congress street lane, east.
The next witness, also colored was
Robert Harris. He admitted that he
had been in the place in Congress street
lane about a year or more ago, but
denied that he had ever seen either
Odell or the wheel. The outfit was
known as the Charleston Wheel" he
testified.
Adam Jackson, who was next put on
the stand provoked some little merri-
ment by his statement.
knew Congress Lane.
do you know where Nos. 10 and 10
Congress lane, east, are?" asked Mr..
Osborne.
No sir" came the reply; Il know
where the lane is though"
Col. Meldrim had insisted in each
case that Judge Barrow should notify
the witnesses that they need not an
swer questions that would tend to IN
eliminate themselves and the witness
took refuge behind this right when the
solicitor asked him if he had at any
time within the last year or two writ
ten policy.
Il don't want to answer that" the
witness said.
why" asked Mr.. Osborne, "are you
afraid 1t will incriminate you?" and
the answer came with unexpected
promptness and frankness: Yes, sir"
Later Mr.. Osborne asked, Did you
make this same statement to the
grand jury when you were before that
body?" Again the answer was an un-
expected mo, sir" The spectators
laughed and so did the solicitor as he
told the witness to leave the stand.
Had seen the wheel.
After examining several other negro
witnesses, who admitted knowing of
the operation of the wheel in Congress
street lane and in one or two cases con-
fessed to having written policy Some
time ago" but of not knowing by whom
the wheel was conducted, or by whom
the white witnesses was put on the
stand. He admitted that he knew at
least one of the colored witnesses, Eli
Jones. and also stated that after the
grand jury had begun its investigation
into the policy writing he had met
Odell on the street and told him that
when those negroes of his got into
trouble they must use some other
name. Odel the witness said, had re-
piled that he had never told the ne
groes to use any name.
When the witness was turned over to
the defense for REORGANIZATION, Col.
Meldrim asked You know Odell, he
is of good character. is he not?" Yes, ="
he's always been considered a fine fell
low" was the reply.
Mr. s. E. Theus, who had been sec
rotary of the grand jury that returned
the indictment against OdeU, was put
on the stand and testified that Joe
White had made n sworn statement to
the grand jury that he had seen Odell