The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-18
The End of the Celebrated
Fraud Case.
NO APPEAL TAKEN
Commercial Pirate Also Must Pay a
Fine Of $500. His Counsel Fought
Till the End, and Made
Eloquent Appeal For
Leniency.

j. b. Powell, of Norfolk, but ma
tive of Franklin county, this State,
who was convicted under three bills OF
the fraudulent use of the United States
mails in scheme to defraud by the
wholesale large commercial instltu-
tions was sentenced to two years and
six months in the government penl-
tertiary in Atlanta, Georgia yesterday
morning by Judge Thomas r. Purnell.
The counsel for the convicted man
moved to arrest the judgment, and this
being over-ruled moved also for new
trial, but the motion was not sustained.
An appeal was taken, but late in the
day the exceptions were withdrawn
and the appeal was abandoned.
When court convened at ten o'clock
the Powell case was called, and Dis
trict Attorney Skinner moved for
judgment of the court.
Mr.. F. s. Spruill, OF counsel for Pow
ELL moved to arrest the judgment of
the court and in an able and earnest
address urged his motion. The mo-
ton was over-ruled by Judge Purnell,
and Powell's counsel lodged eXcep-
tons, which were allowed. Mr. Spruill
was denied.
I. w. Eason. ESQ, of Norfolk, both
witness and attorney for Powell, de-
lvered an eloquent plea for leniency
in the Judgment. He said that Powell
had already served six months In jail
in Raleigh, and while here contracted
q disease which resulted in a perna-
nent affliction, and that will constantly
jeopardize his life. 1t is peculiar af-
Fiction, he said. and one indiscreet act
on PoweIl's part. or over exertlon
would be fatal to him. He said that
it was unfortunate that Powell had.
until the past eighteen months, Deeh
addicted to the habitual use of in
toxicants, and that he had a criminal
promiscuous record, out yet 1t was
fact that he has reformed. and is now
a good man. Eighteen months ago,
he said. Powell reformed. and was an
active communicate of the church.
Pathetically Mr.. Eason appealed for
mercy on account of the distress OF
PoweH's family, being in poverty. and
the disgraeesit would bring upon the
ron If Powell should be sent to the
penitentiary at Atlanta, he said, he
would be put at hard manual labor,
which meant inevitably his death, and
if the Judge should send him there
il would mean literally his execution,
as strongly as il he were hanged from
the scaffold. If Powell should be in
generated, he said, his wife would
never see him again There was no
consolation for her and her son In TINS
series of troubles, and her home and
heart would be made deSolate, barren
and forlorn He said Powell was IN
capable of hard work. and in his wife
critical condition because of her Sc
rious illness. his sentence to impriSon-
ment would mean her death as wei as
his own Mr.. Eason appealed TO the
court to extend that degree of len
iency he claimed that Powell deserved
in justice and mercy. lie prayed that
Powell be physically examined. so that
the court be further satisfied of the
convicted mans physical condition.
Mr.. Spruill said he did not know
of PoweIls physica: condition until he
was Informed recently by his associate
attorney. and seconded all that Mr..
Eason had uttered. He begged for
mercy for Powell. declaring that II
Powell were once put in prison that
would be the last of him.
District Attorney Skinner said that
when the jury returned its verdict he
had done his duty. But in reply to the
aff1iction of Powell. he said it was
only alleged, and reminded the court
that i'm the United States penitenuary
at Atlanta were some of the best phy-
sicians and surgeons in America, ana
if Powell were sent there the best OF
attention would be given him, better
than he could receive anywhere else.
If Powell was so very badly OF, SAID
Col Skinner. then, ne being such a
poor mar the Atlanta penitentiary
would be the best place for him. as
he would have medical treatment free,
and if he were in no condition for per-
forming labor, he would be excused.
Judge Purnell, in pronouncing SEN
tence upon Powell, said that it was pc
vond his power to do less than the law
REQUIRED, and that if Powell were in
no condition to serve his sentence, the
Department of Justice would give him
a pardon. So to interfere at this point,
he said was without the province OF
either the Judge or district attorney,
and that was put out OF consideration.
Judge Purnell then instructed the
clerk to make the entries of the SEN
fences on the record, and as there were
three separate bills. he gave sentence
in each individually All these were
for the fraudulent use of the United
States mails. In the first case Powell
received eighteen months in the At
lanta penitentiary and was fined 500;
in the second he received six months
and a fine of 800; and in the third
he received six months and a fine of
500, aggregatng two years and six
months, and fine of $500.
Counsel for Powell filed exceptions
and gave notice of appeal. but later
withdrew the exceptions and aban-
doned the appeal.
Mrs J. B. Powell sat with her huS-
band in court when the sentence was
delivered ashen pale, and her eyes
were swollen and red. Her lips
trembled. her shoulders shrugged, and
when the judgment was announced
she lifted her handkerchief TO her
eyes and wept. but drew nearer to
her husband. There had not been
during the whole course of the trial
one look of distrust apparent in her
countenance toward her husband. in
whom she believed implicitly. and her
love and sympathy and faith in his
innocence showed themselves yester-
dav in the affectionate manner in
which she conducted herself through
the trying ordeals
Disposition of Other Cases.
In the case against Henry Davis and
Hardy Bagwell. sci ia case in which
execution was issued, was taken W