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

have dared put their individual names
on the letter and bill heads, and in
the commercial rating it is not made
Of Jones & Powell individually, and
no attempt was made to confuse its
identity. He declared that Powell
would have been across the seas II he
were a guilty man, but conscious or
his own innocence he was anxious TO
stand trial and establish his inno-
cence. He said Powell had been
forced to walloW in his own filth; had
confessed that he had drunk to drunk
enness and dishonor, and permitted
the district attorney to soak his heart
in it's past polluted blood, but Powell,
ne said, answered every question faith
fully and honestly Even in the pres
ence of heart-broken wife He might
have denied all and the government
would have been at a loss to prove
aught Powell was now an honorable
man-not a liar If he would not lie
to save the soul of his wife from the
heartless prosecution, nor TO protect
his name and not place an opprobrium
upon the name of his children, then
surely he would not lie for paltry
dollar He said the large number OF
letters was not evidence OF gullt.
Every new firm sends out large num-
bers of letters at it's organization Inc
argument that because the ofhce rent
ed by Powell was small was not proof
of his guilt. He was a mercantile
broker and a broker sells direct from
the manufactures to the dealer. lie
concluded by saying that the use OF
the name of Jones & Powell was
merely a coincidence, and had IL not
been for that there would never nave
been even an investigation. He ended
by making an eloquent plea for-PoW-
ell.
Mr. Chas u. Harris followed Mr..
Spruill for the defense. He said the
guilt or innocence of Powell depended
wholly upon one fact and that was
premeditated intent upon Jones ana
Powell before they conceived the plan
10 design some scheme to defraud
merchants and manufacturers
throughout the country. For the pur-
pose of proving the guilt of Powell
the government had brought witnesses
from the four winds of the earth, but
had VIGOROUSLY failed and the jury
should return d verdict Acquiring
Powell. The identity of Jones was
proved, he said, and it was proved
that Powell had not entered into con-
tract until he had known the financial
standing of Jones. lie discounted the
testimony of the government Witnesses
declaring that it was fraught with
malice He said the defense had been
criticised for not having Jones as
witness, no subpoena having been is
sued for him. He said the defense
had not issued a single subpoena, all
the witnesses for Powell having come
voluntarily. but if they had known
the whereabouts of Jones a subpoena
would have been issued for him.
Col j, G, l.. Harris closed the ar
gument for the defense. He said the
government had made no effort to as
certain whether another than Powell
was guilty. The United States post |
office inspectors, he said, while Powell |
was in Jail in Raleigh, had entered his
office in Norfolk, ransacked it, under
took to gain evidence by unfair means |
ia their desire to convict an innocent
man The effort of the government |
had been, he declared, not to find out
who the guilty man was and punish |
him but to convict Powell He said |
10 man could have been cross |
ined more cruelty than was Powell. !
He was made to disclose his record !
from his 18th year, and the defendant
was asked if he had not committed
nearly every crime in the catalogue of
crimes He said this course was pur- |
sued by the prosecution in order that
the jury might think that where there |
was so much smoke there must be
some fire. He declared that innumer-
able witnesses could have been
brought TO Raleigh to prove who Jones
was if the defense had possessed means |
to pay their expenses The govern |
ment with its unlimited power, had
brought to bear against Powell almost |
every conceivable influence to convict. |
He said the use of the name of Jones
and Powell, or its firm style was not
in violation of the law.
At o'clock court adjourned until |
this morning at $50 o'clock, when Col. |
Harris will conclude and Col. Harry |
Skinner will close the argument for
the government.