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


only six days after Powell consummat-
ed his wonderful, remarkable con-
tract with his creation Zones" he
was ordering goods, referring to Brad
street and Dun as to his financial
standing, to the commercial rating of
Jones and Powell of Raleigh. when
he was necessarily aware of the fact
that his own rating could not have
been comparable to Jones and Powell
and besides Jones and Powell alone
had a commercial rating; j. B. Pow
ell and his man Jones did not, nor
have they ever, and Powell knew it.
and it indicates nothing but a whole
sale attempt to defraud. Mr. Giles
read a letter from Powell signed
Jones and Powell" admitted by Pow
ell to be in his own handwriting, to
q Norfolk firm for horse The letter
was written in Norfolk and dated from
and mailed in Raleigh. Powell lived
within easy distance of this firm, and
vet takes this roundabout way that
shows nothing except that j. B. Pow
ellis name was worthless, and he
could not have gotten the horse
through any other means than decep-
ton. Other orders for goods in Nor
folk. made in Norfolk, dated ahead
and from and mailed in Raleigh, were
exhibited Mr. Giles said in order to
show that Powell was dishonest in his
intention it had been proved that the
first shipment that arrived in Raleigh
for Powell were forwarded to Norfolk
and sold them for less than they were
billed to him for, and this shows en-
deavor to defraud Powell, he de-
clared never intended paying for these
goods. What was Powells intent, he
said in using the name of his little
17-year-oId son in his firm style? To
defraudl he cried. POWelIS own name
was utterly without value; his word
was worth as little, and the human
mind, he declared, could not conceive
of any other intent lin 'POWells mind
than that to defraud. He could not
trust or respect with his own
corrupted name and dark reputation.
Mr. Giles said Powell was a smooth
operating man, and the most wonder
full thing about him was his calculat-
ing, bold audacity. The most remark
able thing he ever heard created for
criminal subterfuge was the man
Jones'" and when Powell, he said,
reaorted to this, he played the baby
act Powell knew this ere he COM
menced this last play. Mr. Giles said,
and foresaw the necessity for this
mythical man. There never existed
such a man as u. c. Jones' in this
trick of Powell, he said. Powell en-
tered this fraudulent scheme with
mythical Jones'" but everything in
the short course of Powell showed
that every act done by the imaginary
firm was done by Powell, and no 9TH
er, and the only unfortunate thing in
connection with it all, he said, was that
u G. Jones' had not been subpoenaed.
If there were such a person as u. G.
Jones" he would be indicted with Pow
ell. But there was no such person,
and Powell is the originator and sole
conductor of this tremendous scheme
to defraud by immense wholesale, said
MI. Giles. concluding.
Mr.. Spruill opened the argument for
Powell. He said every charge
against Powell could stand like a
monument. yet he should be acquitted
He was innocent. For curiosity, he said,
he looked to see how many Joneses
there were in Raleigh, and there were
80 odd, and there We're more than 40
Powells Because J. c. Jones and j.
b. Powell presumed TO use their own
names in Raleigh in business they
were indicted. He told the jury to
consider if these men had used any
other name would they have been in
dicted. He thought not The identity
of Jones was proved beyond doubt, he
said, and if he and Powell should not
use their own names, what names
should they use. When Powell was
that there was confusion in
the mails with the other Raleigh firm
bearing that name, he had the sta
heading changed. He said the
was proceeding against
Powell unfairly, and had introduced
only such literature as would damn
Powell; not one letter that was fair
or would not pollute him. He asked
why the government did not intro
duce the stationery changed by Pow
ell bearing firm name that could not
result in a confusion to Jones & Pow
ell in Raleigh. Mr.. Spruill reviewed
the testimony of PoweH's witnesses
and declared that they established be-
yond a doubt the identity of Jones, and
but one single witness had denied
the existence of j. G. Jones. Vehem-
emily Mr.. Spruill cried that the gov
ernment's witnesses had sworn away
their manhood to convict Powell. He
said this witness was a school girl ste
nographer, who worked a little for
Powell a part of two days, and she
made the absurd statement that Pow
ell disclosed his business to her in
that short time, and that he told her
there was no such person as Jones.
Witnesses were brought here by the
government, he said, from Philadel-
plia, Baltimore and other places, just
because they were wealthy and Pow
ell was a bankrupt almost pauper.
If he had been a millionaire none
would have dared to touch him. He
said the first question Powell asked
Jones was his capacity to do business,
and Jones exhibited his bank pass
book, and this was done before sew
eral witnesses, and they are not liars.
Their veracity has not been questioned,
and is it right, proper, or consistent
to say they swore to what was false?
Jones told Powell that he had already
made out the commercial rating, and
instructed Powell to make orders and
refer for their rating to the CONNER
ciaI rating. PowelPs action in having
the letters written in Norfolk and
mailed in Raleigh was explained as
being the only proper business way
of conducting a business which he
hoped to build up and succeed. He
said Powell had done exactly what
every other person would have done,
and this also explains, besides being
detained in Norfolk, why he sent to
Raleigh for his mail. Another cir
cumstance, he said, which the gov
eminent held was suspicious, was the
aggregate amount of the orders. They
were less than $4,000 when Jones had