The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-27
P|CKPOCKtT Hello
IN BONO Of $500
Man CaughtbyMr Broughton
Tried Yesterday,
COL, HARRIS DEFENSE
COL. HARRIS DEFENSE
Tried 10 CIT Him Off on the Ground That Mr..
Brough.on Had Nothing in the Pocket the
Mans Hand Was ih---NIls Not
Yet Tried.

H. Wilson. alias Wilson Hayes, the pick
pocket caught by Mr.. n B. Broughton
in the act of attempting to pick his
last Wednesday, was given a preliminary
hearing yesterday before Magistrate
Charles A. Separk. and on the evidence
adduced was bound over to court IN $500
bond for attempted larceny and 800 for
resisting an officer. He was unable to
give bail, and was taken back tS Jail.
The eighteen -year-old boy G. G. Mills,
of Graham. who was to have been tried
yesterday also, was allowed to wait until
he could hear further from his brother,
the foreman in the Oneida Cotton Mills al
Graham who was here in Raleigh the
other day and retained Col. j. c. l..
Harris es attorney.
The hearing of Hayes took place at one
o'clock in the office OF Magistrate Heflin,
on East Martin street. There were three
distinct charges against the man: At
tempt to pick a pocket, resisting an Off
GER, and assault upon an officer.
Col. j. C.. l.. Harris and his son. Mr..
Charles U. Harris, appeared for Hayes.
There were present as witnesses for the
State Mr.. n. B. Broughton, Mr.. B. c.
Beckwith, Mr.. C. D. Upchurch and Nj.
Jim Horton, the two last being the spe
cial policemen who arrested Hayes after
fierce struggle.
Mr.. Broughton positively identified
Hayes as the man who had put his haad
into his pocket and whom he had caught
by the hair of his head and the breast
of his coat. He told of how his nephew,
Mr. Burroughs. of Durham, had pinioncd
Hayes from behind. how the officers had
come up and taken him. how he strug-
| gled and struck them and got away, ana
was caught and thrown by Mr.. Bur
roughs and finally secured by the officers
Mr.. Beckwith described how he heard
| Mr.. Broughton excaim: You scoundrel,
you've got your hand in my pocket
| Help. Pickpocket." Then two or three
others had pressed forward. saying,
! I"There's some mistake he's not the
man. and a shorter, dark-haired, thick
set man had tried to push Mr.. BroughtOn
aside, and Mr.. Beckwith had told him to
stand aside, pushing him back. The man
| kept insisting there was a mistake and
would not stand back. Finally Mr.. Beck
with had seized him by the throat and
! thrust him back. when a woman jumped
in and knocked his hand down. A street
car conductor or somebody had a drawn
! pistol and was saying he would shoot the
man if the police could not hold HIM.
MI. Beckwith also identified Hayes as the
man whom Mr.. roughton had grabbed.
In reply to a uestion by Magistrate Sc
park. Mr.. Broughton said he did not think
he had any money in the pocket the
thief's hand was in, his left trousers
pocket; but might have had 20 cents.
Officers Upchurch and Horton also
identified Hayes, and testified that he re-
sisted arrest, struggling striking and kick
| ing at them.
| Colonel Harris asked that the assault
charge be dismissed as was included IN
the charge of resisting an officer. That
was done.
Colonel Harris then said he understood
Mr.. Broughton to say that his best I'M
preston was that he had no money IN the
pocket in which the thief's hands was
He went on to say that the law required
in order to show the attempt. that 1t be
proved the larceny would have been per-
fected with if the prisoner had not been
interfered with, or interrupted. He de-
clared that the fact that Mr. Broughton
had no money in that pocket did away
with the charge of attempted larceny
/ BY common law il was simply a misde-
Eleanor There was no statute In TINS
! State that made an attempt of this kind
where there was nothing TO steal a felony,
and thearefore. we had to go back TO
common law and that had been eXpound-
| cd in a case exactly like tins
one by Chief Justice Coburn, Of
England, in Regina VS.. Collins IN
| the second volume of Bennett and
Hurd's Leading Cases, p. AIS. In that
case man who had put his hand in aroth-
er's pocket and found nothing there, was
held not 10 be guilty of an attempt at
| larceny Massachusetts,, Col. Harris said,
| had statute that covered cases Eke 'hlS'
but North Carolina did not.
On this ground he asked that the charge
of attempted pickpocketlng or larceny be
| dismissed.
| Magistrate Separk took the matter un-
der adviscment until 4 O'Clock IN the al
ternoon. at which time he rendered his
decision. holding Hayes III $4oo on tne
charge of attempting to plck pocket
and 800 on the charge OF reslstlnS an OIL
ficer. Hayes could not give bail III thus
amount although it was said that he had
| 5000 in cash on his person.
Magistrate Separk says nc Is wen
backed by legal authority in his direction
that he consulted legal advice ana was
referred TO the first volume OF Bishop S
Criminal Law. Edition OF 1872, which says
It section 743 under the head of Pocket
picking. "a considerable number ct cases
of attempted pockt-plcklns' consisting ol
an effort to steal,thc victims money by
thrustipg the hand into his pocket, yet un-