The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-02-20
FOUND GUILTY BY
TWELvECOOD MEN
On All Charges Except
That of Conspiracy.
ON THIS THEY DIVIDE
Five are for Conviction and Seven
Tor Arquittal. That Samuel is Re-
qarded a Government Agent
is Clearly Shown in the
Verdict.


EA ANDIsEN JOINER.
Greensboro. ". .. Feb. I6.-Thi
morning Federal court vas not opeues
except 10 have certain pass,
upon Judge Boyd announcing tina
there would be no case called unit
the jury was heard from iii the sam.
uei case. District Attorney HoltoI
had announced that h. was ready /.
proceed with the can of other cases
judge Boyd said it would be best t.
await the action Of the jury before
proceeding further.
AT twelve o'clock the jury came Fl
and gave as their verdict guilty on al
counts charging defendant with max
ing false reports ana returns to thu
government. ON the counts charging
conspiracy the foreman said they We're
unable 10 agree. five being for convic-
ton and sever for acquittal. The YER
dict Was so recorded and the jury was
until two O'Clock court taxi
ing 2 recess until that hour. Juror
Montgomery was Xcused To go to
Burlington and remain as long as h
saw proper attending the funeral OF
his brother, who died yesterday.
There We're 10 motions made when
the verdict was announced. Judge BY
mum, counsc for the defendant was
particular To see that the verdict Of
the jury vas recorded iii the exact
words of the foreman. While defend
ant was found guilty Of those counts.
where his own reDortS to the govern
ment We're in evidence. the failure to
convict on those counts charging him
with conspiracy with jim Combs ana
other distiIlers, which depended on
oral testimony, would indicate q vie
tory for the defense, and is considered
favorable to those other officers
Hardin, Hasty and Smith who are in
dlcted for conspiracy and collision.
Taken as Il Compromise.
The verdict is taken. however, by
the prosecution as q compromise one,
by reason of the reported determine
ton of one juror to acquit on all
counts. The vote OF five to seven.
however in favor of acquittal on the
conspiracy counts would not seem to
Indicate this.
The counts on which Samuel is con-
Victed are those over which there was
such q long legal argument as to
Samuel was an agent or Of
fcer Of the government. The foreman
said they found him guilty as an agent
on counts charging him as such, and
those charging false returns as
deputy collector they found him guilty
under the instruction Of the court that
II he signed the reports With the
deputy collectors he was an alder and
abetter and became q principal. In
the Indictment against Hasty, Hardin
Smith, who We're deputy collec-
tors. these same reports included them.
The cumulative punishment that can
be inflicted on the defendant if the
stands, on the counts re-
turned guilty, amounts to forty-fivc
years Imprisonment.
= = C11n,1noa1 tho ON Iyil1 fal II
a recess for q week or a month before
going on with the other trials.
Pronounce Judgment Later.
When court convened at three
O'Clock District Attorney Holton
prayed for judgment. Judge w. p.
Bynum Of counsel for defendant, be-
gan TO argue in suppor Of a motion
for arrest of judgment. Judge Boyd
that it was the purpose Of
the court not to pronounce judgment
in any case at his time, but adjourn
this special term to some time in
March. He thought best to wait until
there was a fuller development of the
situation II then ascertain who is
the guilty party or parties and punish
them accordingly. He did not believe
in the severity of punishment, but
rather in the certainty of punishment.
and the court hopes to lay the aid
Of any light hat may be thrown upon
the conditions by the other trials, re
from the alleged frauds IN
the revenue service" Judge Boyd
then announced that this special term
would adjourn until Tuesday, March
9Th, for resumption of these trials.
District Attorney Holton and the
counsel for the prosecution. are
greatly pleased with the verdict,
which they claim covers eleven OF
thirty-three counts in the bill OF
allotment. The penalty prescribed Is
from $1,000 to $1,000 fine. and from
six months to three years imprison-
IN each count. One Of the jurors
stated that from the very first the
vote stood eleven to one for %conyic-
ton on all Of the counts, including
those charging conspiracy. and that |
his one juror stood out to the last, !
agreeing to return a verdict |
Of guilty as to making false report
f they would say in the verdict that
charge. District Attorney |
10 attend the special term which was
displaced by the ola Nick Williams |
rial here last fall.
Judge Edward Waddill. Of Rich
nond, Va, will preside and the term
yill last a week. Solicitor General |
\. B. Hayes, who assisted Mr.. Holton
N the prosecution Of the Samuel trial. |
will return to Washington tonight, |
accompanied by Mr.. Holton.
SPRING TRADE EXPANDS.