The county record. [volume] (Kingstree, S.C.) 1885-1975, 1905-04-20
THE EVIDENCE
NOT SUFFICIENT
TO CONVICT The YEGGMEN OF ROB-
BING The KINGSTREE. POSTOFFICE.

DlNu lH[ hlNuVl HILL. IUo1OltioL'
On instructions of Judge Braw-
lev III the United States circuit
court this afternoon, the jury re-
turned verdict of not guilty in the
case against Rudolph Rabens, Chris
Rabens, James johnson, Frank Will
liams and Robert Stain back, charged
on these counts, conspiracy, break
ing into a postoffice and larceny OF
government funds, the robbery
having been committed, it was al
legged, on September 21 last, at
Kingstree.
When the government rested Its
case Attorney E W Hughes, repre-
senting Rudolph Rabens, started to
interpose some objections to the evil
dence of the government, when
Judge Brawley interrupted him, rul-
ing that the government had not
made out its case, and he could not
charge the jury to any effect. Upon
the request of the court, Assistant
District Attorney Cochran outlined
his position, saying that the robbery
had been proved to have taken place
and he charged that it showed Ru-
dolph Rabens to have been in con-
spiracy with Morgan, alluding to
the several defendants having been
seen at and about Kingstree, and to
have been traced out of Charleston,
en- route for the place of the rob-
berry, and if the charge of conspiracy
could not be sustained, the other
counts might be held. But Judge
Brawley reiterated the position of
the court, saying that In conscience
bound he could not instruct the
jury upon the evidence submitted.
The court stated that the govern
ment had established great proba-
bility, suspicion was strong, but the
vidence. which had been submitted,
did not sufficiently connect the de-
PENDANTS with the crime, in that it
did not bring them close enough to
the affair. III making the ruling
the court paid tribute, however, to
the efforts of the district attorneys
Office and to the individual work of
Inspector Gregory.
District Attorney Capers consent
ed to the order, discharging Stain
back, but asked the court to hold
Williams, which was ordered, and
when the verdict of the jury was
read, Williams was Immediately re-
arrested by Deputy Marshall Adams,
on the charge of breaking into and
robbing the postoffice at Yadkins-
vile. n G, last September. He will
be returned to Jail to ayait pre-
liminary or commitment for trial.
Mr. Hughes brought up his mo-
tion for IL new trial in behalf Of Ru-
dolph Rabens, convicted for the
Latta robbery. Attorney Matthews
was unable to say what he would do
in behalf of Morgan and King IN
the same case.
Mr. Victor O'Driscoll, of the West
ern Union telegraph office, testified
to writing u telegram Tor Williams
to William johnson in Baltimore
for S25. A number of other wit
nesses for the government followed,
the defens. putting up none at all.
Lony and John Williams, of Kings
tree, testifi ed to seeing Rudolph Ra-
bens with johnson and man sup
posed to be."Connecticut Shorty" at
the five and six mile stations, on
their alleged trip TO Kingstree. +
W Mappus. testified along the same
line, w r Severance saw the defen-
dants at st Stephens. Mrs Olive
Flowers 50 W the alleget yegsmen at
the water tank, where they are al
legged to have boarded the train 60
ing out of Charleston.
: Upon the convenirg Of the court
yesterday afternoon, the prosecution
-