The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-01

copy of Martins History and he re-
marked that as the history contained
the name of Governor Henry 2.
Clark they must have come from
Edgecombe county Smith replied
No, that he got them from either Ire
dell or Moore county. At that time
he had heard nothing of the larceny
of Bishop Cheshire's books. AS soon
as he heard it mnetioned that the
books had been stolen, he told Bishop
Cheshire that the one he saw might
belong to him.
Mr.. l.. A. Fort. in February, 1904
was a groceryman on Wilmington
street, and was present when a lot
of books were bought by himself ans
Mr.. Hicks, and both parties bought
some of the books. Hines bought
more than Fort. Policeman Beasley
later examined the books and said they
belonged to Bishop Cheshire. They
bought the books from a small boy.
ana the boy was later tried in a mag
istrate's court. There was nothing in
the books to indicate they were stolen.
The fly leaves were torn out, but his
suspicious were not aroused. Mr.. Fort
knew Hines, but did not know that he
was buying books for Smith. Hines
had good character and reputation,
and was storekeeDer and guager in the
revenue service.
Mr. j. NJ. Allen, clerk in the store of
NJ. M. Smith, said he was working
for Smith in February last year, and
he knew Hines. He introduced Hines
to Smith in January, 1905, and they
talked about the price of books, Hines
saying he could possibly get some va
liable books. Hines later brought in
some books saying he got them in
Iredell county and he brought in an
other lot of books. He had known
Hines five years. and his character
was good.
Judge Neal asked where Hines was,
and Mr.. Holding and Solicitor Jones
replied that Hines had been sub
poenaed to appear. but he was sick iu
hospital in Asheville.
Mr. Allen continued his testimony.
He said Hines brought the books HIM
self to Smith At that time Smith
was running another store at Rich
mCnd. Va. a man named Kohn being
in charge.
Dr. Armstrong said he was at work
for Smith in March 1904, and testified
that Hines sold Smith books on three
or four occasions, and Hines stated
that he got the books in Iredell coun-
ty There was nothing in their an
pearance to indicate that they were
stolen. Smith at this time was fire"
quently out of the city. and in his alb
sence the correspondence was con-
Quoted by a clerk named Kohn. Hines
stated. when asked where he got the
books: Never mind about that. just
SO / get YOU tine books.
Mr. Smith was put on the stand, and
testified that he got the books from
C. NJ. Hines who lived on Hillsboro
street A week or ten days after he
got the books from Hines Bishop
Cheshire called on him in regard to
them. He paid Hines about $50 for
all the books. He then wrotes Hines
in regard to the books, and Hines re-
piled that he had bought the books
from some boys. and that he would
refund to Smith $50, the amount he
received from Smith for the books.
and a few days later Smith received
ii draft for $40 from Hines. The let
tiers were produced in court. When
he bought these books he did not
know that any had been stolen from
Bishop Cheshire. When he bought
the books nc asked Hines where he
secured the books. Hines replied that
they came from Iredell county ana
other counties. When Bishop Chesh-
ire came to him about the book. he
asked him for a list of the books he
had lost, and a few days later Smith
secured the list. and put one of his
clerks to work to ascertain if any on
the list had been purchased.
Col. j. G.. L. Harris was placed on
the stand and said he had knowr
Hines for ten years, saying he was a
professor at A. & NJ. College some
time and his character was good. He
could not answer the question as to
the character of Smith except that
some spoke we'll and some spoke Ill
of him.
The defense rested here the case.
The Judge said there was not suffl-
cient evidence to ask for a verdict of
guilty and he ordered the clerk to
enter a verdict of mot guilty" He
said the consequences upon convic-
ton for buying stolen goods is fright
full. and the stigma rests upon both
him who does it and his family, but
he would suggest to the defendant that
he mend mis- ways of doing business.
and if he did not this pail would hang
over his head forever. He said the
solicitor could not establish the guilt
of the defendant. and Judge Neal or
dered o verdict of not guilty to be
The case of John O'Kelly for as
sault with q deadly weapon was called.
but Kelly was seriously i'll and was
not present City Physician McGeachy
testified that O'Kclly is suffering from
severe chills and q pain in his head.
and he was not in condition to at
tend court.