The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-17
JURY DECLARED
POWELL GUILTY
Pirate Upon Commercial
Seas.
GETS SENTENCE TODAY
Mastery Presentation of the Case to
the Jury BY District Attorney Skin
ner. A Dramatic Incident
in the Days Proceed.
mas.


room six and one-half hours, the jury
i'm the J. b. Powell fraud case yester-
day at $50 o'clock returned verdict
of guilty. The case was begun in
January, 1904, and at the May term
of Federal court of that year it
was continued. At the December term
he ala not appear and forfeited ms
bond. A capIus was issued for hlm
and sent to Virginia. Powell is sd"i
To have imposed upon Judge Waddetl.
III the Virginia District, and had his
bond reduced from $1,000 to 5000 Tor
MS appearance at tins term. Nhea
Ioweu arrived i'll Raleigh last week
a capius was caused to be issued for
him by District Attorney Harry SkIn-
ner, and he was incarcerated i'll jail
until he made a sufficient cash deposit
for mis- appearance at the trial of the
LdSe.
Powell was convicted of violating
section $3.50 of the revised statutes
of the United States, that is-using
the mails for fraudulent purposes. He
was indicted in three bills, each con-
tanning three counts BY consent these
three cases were consolidated, and 1t
was agreed that a verdict of guilty
should be entered in each case if he
was convicted. fhe limit of imprison-
ment for violation of this statute is
IS months for each offense, but three
offenses can be charged at the same
time or in six months but the Judge
is authorized in imposing sentence to
make this sentence accommodating so
that the limit of PowellS impriSon-
ment, If the extent of the sentence is
given him by the court, is "a months,
or four years and. eight months. The
impression seems to prevail that the
offender will get the limit of the law,
or at least deserves it.
This case is familiar to the State. II
has been in the public eye since Janu-
airy, 1904, when Powell attempted TO
use the name of an established firm
in this city to obtain goods without
intending to pay for them.
Mr.. &. T. Bailey, postmaster, de-
serves the credit oil having stopped this
scheme in its incipiency, by locking
Powell's post office box, and reporting
the matter to the Post Office Depart
ment. The Department referred the
matter to two of it's chief inspectors,
Mr. H. N Davis. who is familiar to the
people of North Carolina, and Mr..
tSulIa native of North Carolina, who
were instrumental in working up the
post office scandals in Washington.
The Department and Chief Post Of
flee Inspector W. w. Smith have taken
great interest in this case, and have
seen that every avenue has been
searched at a considerable cost. This
tTIaI cost the government to date. be-
tween $4,000 and $4,000. 1t was
prosecuted in the interest of prevent
ing the mails being used for such com
mercIal piracy
The feature of the trial yesterday
next to the verdict was the mastery
presentation of the law and facts To
the jury, which exhibited the re-
sourcefuness and ability of Col. Skin
ner in the management OF the case.
and cclipsed his wonderful croSS-exan-
nation of the defendant Powell. After
this examination it was generally con-
coded that there would be verdict OF
guilty or a mistrial. His analysis of
the testimony was understandable, and
it's effect upon the jury and the audi
ence was clearly perceptib!e. and pro
duced a sensation At its CONCLUSION
he was generally. complimented on the
deliverance he had made. and as =
lawyer and good speaker, in the man
sgement and presentation of this case,
Col Skinner has been congratulated
for his capable service which means
much TO commercial integrity in North
Carolina.
Col. Harris stated last night that the
defendant had not entered any exoep-
tions. and that they would take no ac-
ton until this morning. Judge Pur-
nell will probably sentence Powell
when courts meets this morning.
Col. SIinner's Presentation.
When court convened yesterday
morning Col. j. c. L. Harris com
pleted in twenty minutes his speech
before the jury and delivered an elo-
quent plea for Powell. and used at
times strong denunciations of the con-
duct of the trial by the prosecution
and of the special post office inspec-
tors.
Col. Skinner closed the argument
fer the prosecution and shid that the
governments contentious were that
Powell devised a scheme upon the
basis of a reputable firms name with
fraudulent intent. The defendants
name was Powell, and there must
needs be one whose name was Jones.
He first sent out postal cards, adver-
Using the same name, business and
location as that of Raleigh firm,
so that he could have a commercial
rating, and consequently when he Or
dered goods he referred to their com
mercial rating. The only inference is
that Powell intended to leave the inn
preston that the concerns from whom
he ordered goods would believe him to
be Jones and Powell. Powell con-
tnued to use the name of Jones and
Powell until the real firm got so con-
fused with the fraudulent firm that