Smyrna times., 1903-05-06
SUPERIOR COURT TRIES
SEVERAL SMYRNA CASES
JAMES POWELL AND THOMAS SMITH OF
KENTON CONVICTED OF LARCENY.
Ex'Sheriff Robinson Fined for Failing to Ap.
pear at Court When Subpoena Was Duly
SerVed-0ther Court Cases of Interest.


Two well known farmers and tillers
or ditch contractors were put on trial
in the Court of General Sessions
Thursday, charged with stealing
chickens from the farm of Jeremiah
Test in Kenton hundred, on or before
March 10. The defendants were
James Powell and ThomasSmith, both
large middle-aged men, with physiques
that showed they we're equal to their
laborious occupations of tillers. Attor-
ney General Ward appeared for the
state, while Frank H. Davis and Arley
B. Magee represented the defendants.
Thestat showed that after Mr.. Teat
had missed his chickens the defendants
drove into Hartley with 81 pounds of
chickens in a carriage belonging to
Powell, and there disposed of the fowls
to o. H. Nickerson. Soon after, the
consignment of chickens was shipped
to Philadelphia, except one fowl
which escaped. 1t was afterward cap
tured and put back in a coop. Mr..
Teat, discovering his loss, went to
various stores to find his chickens, but
found none at the Nickerson store un-
til he came to the one which had es-
capped from the Philadelphia consign-
ment, purchased from the two defen-
dants. This he positively identified as
his chicken, because he had raised it
and because it had hog ring around
its leg as a marking.
Defendant counsel tried to show by
David S. CLARK and a number of wit
nesses that it was customary for chick
ems to be marked with hog-rings in
that community. That Powell and mis-
wife raised chickens and marked them
thus. Mrs. Powell, seeking to get
some m Oney unbeknown to her hus-
band, had Smith help her catch eight
chickens, which she slowed under a
blanket in PowelPs carriage without
his knowledge, and which Smith sold
to the Niekersons for $50, returning
her the money. Much time was spent
in proving and disproving that the
chicken which Teat identified had
"tOp-knot." The case went to the
jury who soon rendered a verdict
against Powell and Smith. On mo-
tiOn of the latter's attorneys a new
trial was asked for.
Ex-Sheriii Robinson Fined at Court.
Former Sheriff James G. Robinson
and John Faulkner, residents of Smyr-
ma, we're called before the bar of court
Wednesday morning by Chief Justice
Lore and asked to account for their
failure TO appear in court Monday and
Tuesday in response to a subpoena,
duly served upon them. Mr.. Robin
son replied that he had disobeyed the
summons because the man who was
accused of the crime for which he was
prosecuting witness had been pun
lshed enough and he wanted the case
dropped. The court then asked Mr..
Faulkner why he did not respond, but
Mr.. Robinson interrupted his reply by
taking the blame upon himself and
stating that he had informed Mr..
Faulkner that there would be no case
with him (Robinson) out of it.
why, gentlemen" said the chief
justice. you certainly knew that you
must regard the order of this court,
unless relieved by the court or the at
torney general. And as for you, Mr..
Robinson, you former officer of this
court, undoubtedly knew that you
were doing wrong"
Sheriff Robinson nodded his head re-
specttully to the court, even after a
me OF $40 and costs of the attachment
saKen out against him, amounting to
sio'94 were imposed upon him by the
Chief justice. Mr.. Faulkner, who had
acted under the advice of the former
'nerlft, was compelled to pay the costs
VI the attachment and service of same.
0herlh Robinson said later that the
case upon which they were summoned
was That of the state against Robert
"oAson' Tor the larceny of grape poles
Ano that it was pity to push it further,
a. one man had already suffered for the
'rifing Offense.
Luther Watson Gets a Severe Senteuce.
Luther Watson, a young mulatto,
was indicted for attempting a felon-
OuS assault upon Mrs. Mary e. EN-
N near Smyrna Landing. The
rDuft made quick work of this case. All
~ evidence was heard in less than
1S'l an hour and the case was turned
'f 70 the jury without any argument
~. onarge from the judges. In less
vass 1 ~ minutes the jury returned
sora aic1 OF guilty and the prisoner was
esoo eoeenced to 6 years imprisonment,
nhe, l hour in the pillory and 30