The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-01
SMITH CASE WAS
TRIED YESTERDAY
Charged With Receiving
Stolen Books.
VERDICT, MOT GUILTY
Judge Neal Lectured the Defendant,
Advising Him to Change His Bust
ness Methods and Improve
His Ways in Conducting
His Book Store.


Criminal Court yesterday was that
against Mr.. w. NJ. Smith, a book deal
er of this city, who was charged with
receiving stolen books, knowing them
to have been stolen. The case was
called yesterday morning. and con-
tinued until after five o'clock in the
afternoon, several witnesses being in
troduced on both sides. At the con-
clusion of the taking of testimony,
Judge Neal conferred with the solicit
tor, and announced that the solicitor
had said the evidence was not suffi-
cient to justify him in asking for a
verdict, and that if the solicitor had
not done this he would have suggest
ed it himself. He then ordered the
clerk to enter a verdict of mot guilty"
but lectured Mr.. Smith and warned
him to correct his methods of con-
Quoting his business or the result
would be an everlasting stigma on his
name and character.
1t was charged that Mr.. Smith
purchased the books last February,
and that he knew they had been
stolen from Bishop Joseph Blount
Cheshire.
Bishop Cheshire was the first wit
and testified that in February, 1904,
he was living in the Bolunt home on
Hillsboro street and moved to a house
across the street, leaving his library
in the first house. Early in March
he had missed some of his books, and
was notified one Monday morning to
appear at the Mayors Office as some
books had been found and that it was
thought they were his. He recognized
them as his own. The same day he
went to Mr.. w. M. Smiths store and
asked to see the books he had recent
ly bought and relating to North Caro-
lima history. Mr.. Smith replied no.
He asked if he did not have a copy
of Martins North Carolina history,
and Mr.. Smith replied no, but that
he had bought one a long time be-
fore, and got it from Iredell county.
Bishop Cheshire said he told Mr..
Smith this statement was not true,
that he had copy of that history and
he, Bishop Cheshire) could prove it,
and Mr.. Smith had better get it. Mr..
Smith then confessed that he had one,
but had shipped it to Abbeyville, S. c.,
to a certain firm, and that he got it
from a man named Hines. Bishop
Cheshire then wrote to the express au-
thorities, and they replied no book
had been received in Abbeyville's
Office from Mr.. Smith. He notified
Smith of this and he then announced
that he had sent it by mail. Bishop
Cheshire returned home, and had no
sooner arrived there when Smith
'phoned, saying he had found the
book, among others and that he had
already sent them to Bishop Cheshire
by q boy and Smith asked for a
memorandum for other books missed,
but there were so many that were
gone he could not make out a COM
plete list, but he did make an incom-
plete one and gave it to Mr.. Perrin
Busbee and then left town. When he
returned he went to the National
Bank of Raleigh and found about
thirty volumes of his books. Several
books that / valued especially were
not there, and / returned to Mr..
Smith and told him that others were
missing, but he said he had sent back
all he had received. Since that time
BishcT Cheshire said he had received
foeB9 ends several books that had
asa en- from him, and the value
ccao,t ly of those he found at the
gs aas those returned later to him
h S, amounted to more than
$3.50 rsiired dollars.
~ st information that he had
nat Smith had his books was
sunday previous to his notification by
the police, when Mr.. Marshall De
Lancy Haywood told him he had seen
books ct Smiths which probably were
stolen from Bishop Cheshire. Nj,
Chas. e. Johnson told him too that
he had purchased books from Smith
that might belong to the Bishop. There
were in his personal library over 1.500
volumes, but he had not known the
theft until Sunday afternoon. He
had found that Hines, from whom
Smith said he purchased the books.
was q government employee. and he
gave about $40 for the books.
Prof. j. Allen Holt, of Oak Ridge.
testified that Smith had written him
about Il year ago in regard to certain
books, among them Martins History
Williamson's History. Mr. Holt pur-
chased from Smith Williams History
but Smith sent him only one volume
80 when he wrote Smith that he
aoild secure the other volume from
81 Kohn, of Atlanta. and later he re-
- iVed letter from Smith asking him
return the book to Bishop Cheshire.
Inch he did.
Mr.. Chas. e. johnson testified that
aae day Smith telephoned him that he
hs very rare work that Mr.. John
5DsI desired to posses. and that he
(Smith) had experienced a very hard.
time in getting hold of them. finding
one volume in Georgia and the other
volume in a Western county of the
State. Mr.. Johnson purchased the
two volumes, and a few days later he
saw a notice in the paper that some
books had been stolen from Bishop
Cheshire's library. He told Bishop
Cheshire that he had some books that
might belong to him and that Bishop
Cheshire later examined them. and
said they We're his. and took them
away.
James Clark. colored. porter in the
Nationab Bank of Raleigh testified
that Bishop Cheshire's son. a collec-
tor in the bank. during last April
sent him to Smiths store twice to get
several books, and he got them and
turned them over to Bishop Cheshires
son.
The State then rested it's case.
Several witnesses were sworn for
the defendant. and Mr.. Marshall De
Lancy Haywood first took the stand
Mr.. Haywood said he went to Smiths