The news & observer., 1904-12-10
POWELL NOT TODAY
Noted Case May Come
on Monday.
In Federal Court Business is Rushed
Along and Many Cases Heard. A
Correction as to J. E. Phelps
Matter.

The Federal Court yesterday was q
busy scene. Case after case was
heard and the business was dispatched
with raDidity.
Mr.. Curtis NJ. Muse, of Ellington,
was sworn in during the morning and
given the license to practice law be-
fore the court.
1t was stated last night that j. e.
Powell, the Jones & Powell man
who is to be tried for using the United
States mail to defraud would not be
put on trial today, but that the case
would be called Monday. Powell has
not yet put in an appearance for trial.
He is out on a bond for $1,000.
Here are the cases disposed of yes
terday:
w. w. Shearin of Franklin. charg-
ed with illicit distilling. Tried and
verdict of guilty with judgment re-
served.
French Davis, of Cumberland, re-
failing plead guilty, thirty days and
$100 fine and costs.
Pattie Eason, of Johnston, retailing
and removing, plead guilty, Judgment
suspended.
Alex Bray, of Nash. Illicit distill-
ing, plead guilty; sixty days, 500 and
costs
James Phelps, OF Franklin, for
counterfeiting. Continued and ca
pias for his appearance.
John Dunn, of Person, removing
and concealing, continued and capias
for his appearance.
S. r. Chambers, of Person, retail
ing and distilling. Judgment abso-
lutte on sci ia.
John Thompson. of Franklin, re-
failing. Fined and found not guilty.
Hamlet Distilling Company. Called
and did not answer, E. A. Luckey re-
ported sick. Case oC falling to make
entries as required. Judgment nls1
to be stricken out if answer filed in
ten days.
]. r. Cuthrell, of Nash, failure to
obliterate stamps. Continued till to-
day
Allie Covington and Egan eagle for
| resisting an officer Capias for ap-
pearance and continued.
George Lewis of Nash, distilling,
mol pros with leave.
John c.. Atkinson, of Wilson, con-
! spiracy TO defraud. Capias and con-
| tinued.
| George Webb, of Barnett, retailing.
! Capias and continued.
Glenn Smith, of Harnett, retailing.
Capias and continued.
w. j. Eason, of Johnston, counter
| feiting. Capias to South Carolina.
Lonnie Parkes of Nash, destroying
r. F. d. boxes. Costs paid and off.
| George Lewis, of Nash. Judgment
| absolute as to sci fa issued.
Thad Manning, of BERTHE, retailing
and distilling. Capias and continued.
Also judgment absolute as to j. H.
! Mitchell surety on bond.
Albert Hudson, of Harnett. Judg-
ment absolute as to sci ia.
George McLamb, of Johnston
Judgment absolute.
Luke Sykes, of Wilson, sci ia dis
| missed.
An Error Corrected.
In the proceedings of the court held
on Tuesday and reported in this pa
| per on Wednesday morning, there was
an error caused by the omission Of a
sentence in the article as originally
| written.
Tt was stated in the article that j
! +. Phelps, of Moore, illicit Whiskey
! Judgment absolute on payment OF
amount of property 1t should have
read j. E. Phelps, witness in case
who failed to appear and for whom a
sci ia was issued in an Illicit whiskey
case, this being dismissed as paid
Judgment absolute as to discharge
! being entered on payment of amount
| of costs.
! j. L. Phelps was a witness for the
| government in a case against Walter
| Freeman for illicit distilling, called al
| the May term, 1904. He failed tc
appear and was recorded as a default
| ing witness A sci fa was issued
on the payment of costs by Mr.. Philips
on the payment of costs by Mr.. Phelps
the sci ia being a summons to him to
appear and show cause why he should
not be fined for not appearing as
witness in the illicit whiskey case anC
why the judgment should not be mad
absolute. 1t is regretted that th'
error regarding Mr.. Phelps was made
as he was only a witness in the Illicit
whiskey case and no blame as to the
transaction attaches to him.
cough will be quickly relieved b.