The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-16

witness for him (Powell.)
Mr.. II. j. Garnett, of Norfolk, a
job printer, said a man who represent
ed himself to be y. c. Jones" went
to his establishment and had the letter
heads printed for Jones and Powell
Mercantile Company" A few days
later the style was changed on the
heads. Jones" paid for both orders.
Up to that time he said Powell had
not seen him, but on January 23rd,
Jones" and Powell together went to
see him. He gave the description of
Jones" that had. been related by
others.
On cross-examination he said he did
not know whether the mans real
name was Jones or not Mr.. Maurice
Gross of Norfolk, an auctioneer, said
that in January, 1904, Powell told him
that he had a lot of furniture to dis
pose of. He met Jones" in December,
1903, who told him he was going to
take Powell to North Carolina and
embark in business. He repeated the
description that was given by others.
He saw Jones" but once.
Mr.. C. c. Hopkins, of Norfolk, in
the cafe business, said he met man
i'm a saloon in January whom Powell
introduced to him as Mr. JONES' and
Jones" remarked that he was going
to take Powell with him to North
Carolina.
On ross-examination he said he had
known Powell since 1901, and at that
time he was working for Powell as
clerk in a store. He worked for Pow
ell at three places in Norfolk, having
these stores at different times. The
first place was II. S. Powell Com
pany," but operated by J. b. Powell;
the second place was The Powell Com
pany, and the third style was The
Powell Furniture Company. He
worked with Powell at Smithfield in a
furniture store. There papers were
served on him for the Williams and
Spice Furniture Company" and the
goods were attached Then he report
ed to Mr.. Powell and Mr.. Powell sent
up an attorney. He was asked if ChaS.
C. Jones is not boarding at the cafe in
Norfolk in which Wallace was work
ing at present, and the witness an
SWered no
Mr.. J. S. Powell (brother of ]. B.
PowelD of Norfolk, said he was born
in Franklin county, North Carolina.
He is an auctioneer in Norfolk lie
remembered meeting u. G. Jones III
the winter of 1903. Jones went to
his place of business and asked for
j. B. Powell He was taken to the
office where j. Il. Powell was. He
said the man was introduced to him
as MIR. Jones'" They had a lengthy
conversation about their business in
North Carolina. On January 25th he
said he saw Jones again, and he and
Jones went to his (Powelps) farm In
Warren county, North Carolina. Ihey
went together to Warrenton; Jones
left Warrenton and drove in a buggy
to Warren PLANES, and that was the
last he ever heard of. Jones. All this
took place, he said, after his brother
had been arrested in Raleigh. He
himself first found out about his broth
er's troubles by being told by rela-
tive in Norfolk.
The counsel for the defendant rested
their case here.
The district attorney placed several
witnesses on the stand.
Mr. Leo. d. Heart. of the Carolina
Trust Company, as an expert of thirty
years experience, identified the order
for the tomatoes, the writing of which
Powell denied, to be in the hand
writing of Powell.
The affidavit of ]. b. Powell, filed
by Powell at a continued term, was
offered as evidence.
Mr.. j. H. Brooks was called to the
stand, and said the tomatoes were the
only goods to be received in Raleigh up
40 that time for the supposed firm.
Mr. j. c. Stone testified that he did
not introduce Powell to Jones" and
never saw such man as Mr.. Jones.
Powell had said in his statement that
Stone had introduced Zones" to him.
The letters found in the office of
Powell in rough draft, in PoWelis
handwriting, by the postoffice inspec-
tors, were offered by Col. Skinner as
evidence to show intent to defraud.
Counsel for the defendant objected,
saying these letters did not show in
tent of a scheme to defraud through
the mails, but the objection was not
sustained. and the letters We're admit
ted. The letters were orders for goods
and catalogues.
Clerk of Court II. L. Grant said
there had never been q subpoena is
sued in this court for -. c. Jones"
The government rested here.
Judge Purnell said the case was of
great Importance, and asked the at
torneys how much time they desired
for argument.
Mr.. Spruill, for Powell, asked for
three hours on each side.
Col Skinner wished only two hours
on each side.
Judge Purnell allowed each side
three hours.
Assistant District Attorney ]. A.
Giles opened the argument for the
government, and ABLY explained tHe
law involved. He said that the first
question was the intent to defraud.
Powell he said, was not a Spotless
man; he had chequered career, and
was capable of this crime. Powell has
constantly failed in business, and has
been arraigned in United States court
before for intent to defraud. He eX-
hibited the stationery used by Powell,
which have the firm style of Jones
and Powell" a we'll known business
firm, and one which had high com
mercial rating. If Powell intended 10
conduct a legitimate business why dld
he steal a Raleigh firms name? Pow
ell was a native of Franklin county;
for years had lived in radius OF
forty miles of Raleigh, and all the cir
cumstances attending the life OF Pow
ell tended to show that he knew or
the existence of q firm in Raleigh by
that name The postal cards sent out
by Powell investigated the CONNER
cial rating of Jones and Powell, OIL
Raleigh, as the cards made this refer
ence to the fictitious firm rating, ana
seeing the rating was good, the orders
! were filled. These orders ranged from
tooth picks and pickles to fountain
pens and automobiles. When some OF
these cards and stationery got into the
| of tones and