The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-03
BROOKS RELEASED
ON FRAUD CHARGE
]. B. Powell Valves His
Preliminary Hearing.
ONE THOUSAND BOND
In 'Iones and Powell" Case the Firm
Does Not Appear and Powell
HeId---His Attorneys vainIy
Ask for the Mail Brooks
Had Received.

Two results. already made certain by
the status of the alleged Jones & Powell
fraud case, came to pass yesterday
Result number one was that J. H.
Brooks. the young man from Norfolk. sent
here as a clerk by Powell was released
and the action against him discontinued
He came out with colors flying and some
of the~best men in Virginia were here
ready to testify as to his character.
Result number two was that ]. B. Pow
ell was held for trial and sent back to
sail pending the giving by him of a bond
for one thousand dollars. He waived a
preliminary trial and there was not one
friend present to vouch for his character
while the government states positively
that it has ample evidence to convict him
of fraudulent use of the mails
The case was heard by United States
Commissioner John Nichols in the Fed
oral court room, being taken up at twelve
o'clock. There were present sprinkling
of people drawn by curiosity and large
number of witnesses.
Mr.. James r. Pou, of the firm of Por
g. Fuller, of Raleigh, and Hon. ]. l.
Seffries. of the firm of Jeffries &Lawless
of Norfolk. represented Mr.. Brooks. while
j. B. Powell was represented by the firm
of Argo & Shafer, of Raleigh The gov
eminent was represented by the District
Attorney, Col Harry Skinner Among
the witnesses was Postmaster c. T. Bailey
and some other postoffice officials who
had large bundles Of mail for the eJones
& Powell concern.
Colonel Argo first plead for a continu-
ance in the case against j. B. Powell say
ing that important witnesses for him
were agsent. Justice Nichols held that
all that was needed in his court was that
evidence be presented in which he could
hold the prisoner. Colonel Skinner stated
that the government did not want to put
on its witnesses now and disclose its case,
but that while now it had a strong case
1t would be made stronger by a continu-
ance.
Colonel Argo asked for a continuance
ill next week, saying that it was i'm
portant that this be given. as Powell was
entitled. 10 a chance to secure his wit
nesses, that he was a native of Wake,
respectfully born and respectfully raised
Colonel Skinner said he was ready now,
but intimated he would be willing for a
continuance.
Then Mr.. Pou spoke for Mr.. Brooks.
He asked a full investigation at once,
stating that his client had brought many
witnesses from Virginia at heavy expense,
chat he was poor man and ought not to
be required to bring these character wit
nesses back Colonel Skinner interrupted
t. say that if Mr.. Pou insisted he would
:'sk that the entire case be taken up.
Judge Nichols made his decision after
some further argument. 1t was that the
naSo Dou.oll oo,,Id h continued
and that he would hear the character wit
nesses for Brooks. as he was both a de-
<endant and witness.
Following this there was more argument,
Colonel Argo insisting that if his client
was not released on bond, that his physi
cal condition was such that he would die
Il kept in jail He said Powell could give
p good bond; tlat he had a So 600 planta-
zion in Franklin county North Carolina.
During his remarks. Colonel Argo de-
clared that Powell had violated no Fed
era law and that if there was any law
violated it might be the common law, or
State law On this Judge Nichols stated
shat in the case of Powell he would al
low him bail in the sum Of one thousand
dollars.
chen Colonel Skinner for the govern
ment, asked for discontinuance Of the
case against Brooks, agreeing that he
was not guilty. but asking that he be
held as witness against Powell. Judge
Nichols agreed to this and fixed the bond
of Brooks as witness at $500. Mr.. Pou
stated that his friends present from Nor
folk were men of high standing and ample
means, and would give this at once, if
allowed so to do, the privilege being