The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-14
POWELL ON TRIAL
Examination of Govern
ment Witnesses Begun.
important Testimony Taken. Court
Will Hold Eight Hour Sessions.
Three Ladies to Give Testi-
mony. Case May Consume
Several Days.

The trial of j. 3. Powell, OF Nor
folk, charged with the fraudulent use
of the United States mails was COM
menced in Federal Court yesterday
morning at ten o'clock, and con-
tinued until six, with a recess of two
hours for lunch. There were no sem
sational developments in the case yes
terday, and the evidence introduced
was, with the exception of that dis
closed by two witnesses, the same that
was made notorious soon after the
Imprisonment of Powell, over a year
ago Powell is charged with using
the name of a firm in Raleigh that
had been. before it's dissolution, a Few
months ago, eminently reputable, anu
had enjoyed an excellent commercial
rating, the Jones and Powell hrm'
which was composed of ex-Mayor "A.
NJ. Powell and Mr.. Jesse A. Jones.
In January 1904, the Jones d PoW-
ell Mercantile Company was dis-
covered to be operating in tins CITY
Ii had secured a lock box for its mail
i'm the postoffice, and rented an ONCE
and store room in Raleigh. Consider
able confusion arose in the separation
of the mail of each of these two firms,
and some of the mail intended for
what is called the fraud went to the
actual firm of that name.
The alleged firm was, by its letter
head, formed by j. c. Jones, X. Z.
Powell and J. C. Stone. Shortly after
the box in the postoffice was rented
Mr.. j. II. Brooks. a confidential look
ing young man, but with the appear
ance of strictest honesty, came to Raj
eigh and said that he was the repre-
sentative of Zones & Powell. He
was soon arrested and placed in jail
Later he was acquitted of the charge
of being implicated in the fraud.
Directly that j. b. Powell learned that
his agent was imprisoned, he came TO
Raleigh and endeavored to secure his
release. In this attempt Powell him
self was locked up, and remained in
Jail six months, when he was let out
on a 81 900 bond. His case has been
twice continued, but now the case will
be heard till final disposition is made
of II.
Yesterday morning at ten o'clock
the hearing was begun. The district
attorney and the attorneys for Powell
exhausted the regular panel of jurors
i'm less than an hour, and Judge Pur-
nell sent to the streets and places of
business for men to serve. The jury
was at last formed of the following
men: H. T. Faucet ]. M. Massey,
j. W. Snipes, George Moore, Thomas
Taylor 2. d. Holland, H. C. Gill, T.
H. Dickens, j. T. Anderson, r. ID.
Watkins and Marshal LeLancey Hay
wood.
The attorneys for Powell are Frank
Spruill, Esq. Louisburg; arris and
Harris. Raleigh, and ]. w. Eason,
Esq, Norfolk
Eight Hours Sessions
Judge Purnell announced that dur
ing the trial of the Powell case court
would sit Night hours each day.
j. H. Brooks.
When court reconvened at one
o'clock. Mr.. j. II. Brooks. of Norfolk,
took the stand. He said that last
January he saw in a Norfolk paper an
advertisement for a man to manage a
business. and he responded. He then
met Powell, and he was asked to leave
for Raleigh on the next train, but he
could not, however, he left Norfolk
for Raleigh that night. He was given
instructions. some of which were to
pay the store rent and have certain
express forwarded to Norfolk. He
said he arrived in Raleigh January
81, 1904, and got the mail out of the
mail box. A large number of letters
were introduced, coming from various
commercial and industrial firms, to
which the defense took exception on
-
To be answers to communications
from Powell. He said he did not see
- G. JONES'" and knew nothing of
him. He went to the freight depot
when he arrived in Raleigh, after pay
ing office rent and attending to mail,
and had some freight forwarded to
Norfolk. He went to the Express
Company's office The matter was
refused him and soon after he was ar
A Tor nf IN j
these firms We're read Mr.. Charlie
Birthwright. mailing clerk of the
postoffice. testified in regard to the
mail taken out by Brooks.
Mr.. T. C. Bailey, postmaster, was
the first witness. He said that on
January 5, 1904. he received letter
with an enclosure of $500 for lock
box, from Powell. The letter informed
Mr.. Bailey that a firm whose style |
was Jones and Powell Mercan-
tile Company had opened bust |
ness in Raleigh. and had rented |
store room. The handwriting was |
that of j. b. Powell. Mr. Bailey re- |
turned 40 cents and three keys. He
saw one of these keys in the hand of |
Il colored porter, one in the hand of |
Brooks Ca clerk) and he never saw
The third. The box was closed on the |
18th of January. In the Interim con-
siderable mail was received in the box, |
and Ii was taken out by two colored |
men. Besides the colored men, Mr. i
Brooks, who represented himself to |
be the representative of Powell, took |
mail from that box Powell was ar
rested in February, but Mr. Bailey saw
him an hour before the arrest, and
disclaimed connection with the firm, |
declaring that he was representing his
son, who was i'll, he said, in Norfolk |
Powell. Mr.. Bailey testified. said that
the firm was composed of persons
named Stone, Jones and Powell A |
store was rented corner of Martin and
Blount streets, and Brooks opened it, |
but no goods We're received in it,
On croSS-eXamination Mr.. Baileyt
said that the first time he ever saw
Powell was the day of his arrest when
Powell said. he testified, that he came
to Raleigh TO look after the business
of his son and the other two young
men. having received a telegram that
Brooks was in Jail. Mr.. Bailey said
that Brooks had been arrested i'm
mediately that he heard that a ship
ment of tomatoes had been forwarded.
Mr.. w. NJ. Brown, clerk in the
postoffice. was the next witness. He
srorroborated the evidence introduced
by Mr.. Bailey. He said that he heard