The herald and news. (Newberry S.C.) 1903-1937, September 14, 1909, Page SEVEN, Image 7
THE GRAFT INDICTMENTS.
Allegations Made by Solicitor Rich
land County on Which Grand
Jury Returned "True Bill"
in Every Case.
Following are the indictme' s hand
ed out Friday, says the Stat , by So
lieitor W. H. Cobb in the dispensary
graft eases, the grand jury returning
a true bill in each case:
In Re Jas. S. Farnum.
"That James S. Farnum, late of
the countv and State aforesaid, on
the 6th day of March, in the year of
our Lord, 1906, with force and arms
at COolumbia, in the county and State
aforesaid, did then and there corrupt
ly give to Joseph B. Wylie, a State
officer, to wit: a member of the board
of directors of the State dispensary, a
gratuity and gift with intent to influ
ence his act, vote, opinion, decision
and judgment in favor of the ordering
and purchasing a certain amoiut of
alcoholic liquors from the Richalnd
Distilling company, and divers per
sons and corporations to the jurors
aforesaid unknown by the board of di
reetors of the State dispensary, upon
the terms and at the prices theretofore
4iffered and bid by the said Richland
Distilling company and persons and
corporations to the jurors unknown,
which said offer and bid was made un
der the provisions of the law of the
aforesaid State commonly known as
dispensary law, and. whieh said pur
chase and sale was a matter, ques
tion, cause and proceeding which was
pending and which might by law
come and be brought before him, the
said Joseph Wylie, in his official ea
pacity, and as an officer of the afore
said State, to wit: a member of the
board of directors of the State dispen
sary, contrary to the statute in such
case made and provided and against
the peace and digmity of the State."
The second count charges that Far
num, on the 6th day of March, 1906,
at Codumbia, etc., "did corruptly of
fer and promise to make a gift and
gratuity to Joseph B. Wylie, who was
then and there a State officer, to wit:
a member of the board of directors of
the, State dispensary, to wit: a prom
ise .to give him, the said Joseph B.
Wylie, a large sum of money, to wit:
the sum of $1,575, with intent to is
fluence his act, vote, opinion, decision
and judgment in favor of the order
ing and purchasing a certain amount
of alcoholic liquors from the Richland
Distilling company and divers per
sons and corporations to the jurors
aforesaid unknown, by the board of
direetors of the State dispensary up
on the terms and at the prices there
tofore offered and bid by the said
Richland Distilling company and
persons and corporations to the jurors
unknown, which said offer and bid
was made under the provisions of the
law of the aforesaid State commonly
known as the dispensary law, and
which said purchase and sale was a
matter, question, cause and proceed
ing which was pending and might by
law come and be brought before him,
tne said~ Joseph B. Wylie, in his of
feeial capacity, as an officer of the
aforesaid State,.,to wit: a member of
the board of directors o.f the State
dispensary, contrary to the statute in
such cases made and provided and
against the peace and dignity of the
State.'',
Paid Wylie $1,575,
:Third count charges that Farnum
on the 6th of Mareh, 1906, at Colum
bia, etc., "did corruptly offer and
promise to Joseph B. Wylie, then and
there being a State officer, to wit: a
member of the board of directors of
the State dispensary, duly qualified as
such member, to make a gift and gra
tuity to him. the said Joseph B. Wylie,
as a mP.nber of the board of direc
tors of the State dispensary, to wit: a
'large sum of money, to wit: the sum
of $1,575, with intent to influence his
act, vote. opinion, decision and judg
men.t in favor of ordering out anid
purchasing from the Richland Dis
tilina- company, a corporation exist
ing under the laws of the aforesaid
State, and divers other persons and
corporations to t'he jurors aforesaid
anknown. a certain amount of alco
holic liquors, which was a matter,
question. cause and proceeding pend
ing and which might by law come and
e brought before him, the said Jo
ep W;iie, in his ofmcial capaci
:y to wit: as a member of the board
f directors of the State dispensary.
contrary to the statut: in sneh case
'made and provided and against the
peace and dignity of t'he State."
Fourth count charges that Farnum,
onl the 22nd day of March, 1906, at
Columbia, etc., "did unlawfully,
wickedly and corruptly give to .Joseph
B. Wylie. being then and there a mem
ber of the board of directors of the
St.ate dispensary. as and for a bribe
and in corrupt paymnft for is act
andU vo:e~ as said member' of the board
persons illi (~o n. s lU 10 thle .iurors
af)!raI tnirknox-wi. a certain amount
o-f alcoholic liquors upon the ierms
and at. the prices theretofore offered
and bid by the said Richland Dis
tilling company and persons and cor
porations to the jurors unknown, a
large sum of money to wit: $1,575, to
the evil example of all others in like
cases offending and against the peace
and dignity of t1he State."
Fifth count charges that Farnum, on
the 22nd of March, 1906, at Columbia,
etc., "did unlawfully, wickedly and
Themed fil etaoi etaoin etaoi taoitaoi
corruptly give to Joseph B. Wylie,,be
ing then and there a member of the
board of directors of the State dis
pensary, as and for a bribe and in
corrupt payment for his act and vote
as said member of the board of direc
tors of the State dispensary, in or
dering out and purchasing from the
Ridbland Distilling company, a cor-,
poration existing under the laws of
the aforesaid State, and divers per
sons and corporations to the jurors
aforesaid unknown, a certain amount
of alcoholic liquors upon the terms
and at the price theretofore offered
and bid by the said Richland Distil
ling company and persons and corpor
ations to the jurors unknown, an in
strument. in writing, commonly called
a draft of the value of $1,575. which
said draft was drawn by James S.
Farnum on the Hibernia Savings
bank. a banking corporation of the
eity of Charleston, in said State, in
favor of H. Samuels, alias Henry
Samuels, bearing date the 22nd day
of March in .the year of our Lord
1906, which said draft the said Joseph
B. Wylie then and there did corrupt
ly accept and receive in payment of
his said vote as aforesaid, and he, the
said Joseph B. Wylie, thereafter pro
cured the indorsement of the said
draft by the said H. Samuels, alias
Henry Samuels, -and in the course of
business had the same cashed and re
ceived the proceeds thereof, to wit:
the sum of $1,575, to the evil -am
ple of all others in like case offending
and against the peace and dignity of
the State."
Another Farnum Case.
That James S. Farnum, late of the
county and State aforesaid, on the
15th day of September in t'he year of
our Lord 1906, with force and arms,
at Columbia, county and State afore
said, did corruptly offer to promise
to make a gift, draft and gratuity to
Joseph B. Wylie, then and there being
a said officer to wit: a mem,ber of the
oard of directors of the State dispen
sary, and who has heretofore duly
qualified as such member, to wit: a
promise to give him, the said Joseph
B. Wylie, a large sum of money; to'
wit: the sum of $1,125, wit'b intent
to influence, t'he act, vote, opinion,
decision and judgment of t:he saidI
Joseph B. Wylie, in favor of the ac
eptance of the bids and awarding the
contracts for the purchase of liquors,
beers and wines, and in immediate.
and forthwith ordering out the same,
Iin compliance with the terms of said
contact rom the An'iheuser-Busch
Brewing company, a corporation ex-1
isting under the laws of the State of
Missouri, and divers persons a cor
poration to the jurors aforesaid un
known by the board of directors of
the said dispensary which said bids
and awarding of contracts was made.
and to bie made under the provisions
of the laws of the aforesaid State,
commonly called the dispensary law,
which said purchase and ordering out
was a matter of question, cause and
proceeding whiich was pending and
might by law, come and be brought
before him, the said Joseph B. Wylie,
in his official capacity as an officer in
the State aforesaid, to wit: a memr
ber of the board of directors of the
State dispensary, contrary to the
statutes in such case made and. pro
vided and against the peace and dig
nity of the State.
The second count eharges, that
Farnum on the 15th pay of Septem
ber, 1906, at Columbia, etc., "did un
lawfully, wickedly, fraudulently, give
to said Joseph B. Wylie, being then
and there a mem.ber of the board of
directors of the State dispensary as
and for a bribe and in corrupt pay
ment for his act and vote as said
member of the board of directors of
the State dispenisary, in favor of the
acceptance of the bids and awarding
of the contracts of the purchase of
iquors. beer's and wines and the im
mediate and forthwith ordering out
of thle same in complianc e with the
terms of the said conitract and by the
said board of directors of the State
dispensary~ from the Anheuser-BuschI
Brewing associationls,a corporatnon ex
isting under the laws of t'he State of
Missouri, and divers persons, corpor
ation to the jurors aforesaid un
known, a large sum of money. to w'it:
$1,25 to the evil example of all oth
ers lelike cause offending and against
for his a.et and vote as said member
of said board of directors of the
State dispensary. in favor (if the ac
ceptance of the bids and awa.rding of
contracts for the purchase of liquors,
,beers and wines and in immediate and
forthwith ordering out the same in
'-ompliauwe with terms of said coni
tract by said board of directors of the
State dispensary from the Anheuser
Busch Brewing association. a corpor
ation existing under the laws of the
State of Missouri and divers per
sons unknown, an instrument of writ
ing, commonly called a draf. of i'he
value of $1.125. which said draft was
dra-wn by James S. Farmum on the
Consumers' Beer Bottling establish
ment of Charleston in said State in
favor of H. Samuel, alias Henry Sam
uel, and bearing date 15th September
in the year of our Lord, 1906, which
said draft said Joseph B. Wylie then
and there did corruptly accept and re
ceive in payment of his act and vote
as aforesaid and 'he. the said Joseph
B. Wylie, thereafter procured the in
dorsement.of said draft by H. Samuel,
alias Henry Samuel, and in course of
business had the same eashed and re
ceiv-ed the proceeds thereof. to
wit: the sum of $1.1215. to the evil
example of all others in like eause
offending and against the peace and
dignity of the State."
Conspiracy Case.
Following is the text of the indiet
ment charging conspiracy:
"That at the times hereinafter men
tio;ned. and before and afterwards,
Jodie M. R:awlinson was chairman of
the board of directors of the State
dispensary, Joseph B. Wylie and John
Blaek were members of said board of
directors of the State dispensary, and
were in the discharge of the duties
pertaining to said office, receiving
therefor the fees and compensation
prescribed by law; that the said board
of directors of the State dispensary
were charged wit'h the duty of pur
chasing all liquors and supplies re-!
quired i-n operating the State dispen
sary under regulations prescribed by
law; that all liquors, wines, and beers
were pure'hased on competitive bids
whieh were required to be brought be
fore the said board of directors of the
State dispensary for. the award
ing of conTtracts thereon or for
the rejection of the same; that
James S. Farnum had and made an
agreement before the time hereinafter
mentioned with the Anhienser-Busch
Brewinig association, a corporation en
gaged in the manufacture and sale of
malt liquors and its agents and offi
cers, to sell to the State dispensary of
the State of South Carolina small bot-~
tles of Budweiser beer, holding a lit
tle less than one pint each, packed in
asks for .$1.92 per cask above the
market price and value thereof, for
such of said beer as was shipped to
Columbia, and $2.27 per cask above
the market price and value thereof
for such of said beer as was to be
shipped to Charleston, and had then
and t'here agreed that the sum of $1.92
on each cask of said Budsweiser beer
sold to be shipped to Columbia, and
$2.27 on eaeh cask of said.Budweiser
beer to be shipped to Charleston.
should be paid to Jas. S. Farnum. that
on the 1st day of March. 1906, and on
divers dates heretofore and thereafter
the said Jas. S. Farnum, Jodie M.
Rawlhison, .Jos. B. Wylie and John
Black. with for-e and arms at Co
lumbia. in the county and S ate afor'e
said, unla wfully'. fraudulently and
corruptly, did conspire. combine,
confederate and agree togethier to
cheat a-nd defraud the Slate of South
Carolina by purchasimie :Iie said Bud~
weiser beer at said excessive p)rice
and upon t'he procurea'enit anzd solici
tation of the said JTh:es S. F"iumn,
t':e said J. M. Rawlinson. Jos. B. Wy
lie and Jno. Black did corruptly pur
chase large quantities of said Bud weis
e.:' beer and did procure the same to be
paid for at said excessive nices. and
the said Anheuser-Busch ErewinQ as
socia tion~ did thereafter collect
from the said State of Sonth Cariodina
during the period in which said een-.
spiracy and corrupt agreeraent exied
to wit: f'romn the 1st day of Mi e'h.
19016. to thle month of' Febr'u-y. I07,
the sum of $4.825.44 the si ai 0.:.o
money r'epr'esenting the .' -:s 'vet
and abhovet tile market pr'ice an~d \;due
of' the Buwee bee r purchai sed un
der' an unlawful and cornl: under
stad(ing and agreement which su:n of'
money was paid to thme said cnei~ra
tors aforesaid and appopriat l'ar to
'And the jar!ors aftoresaid uponl
their oa1ih aforesaid. (10 f'urther re
sent that the said James S. Fahmam.
Jodie M. R'ilinson. Joseph B. WV'
lie and1 .John Black did then and thr
falsely. fr'adalen tly, unlawf'ully and
corrptl con( 'spirie. inmbin e. c'onf1ed
.11)Id against the peace and
<w iin ()f tae State."
PLANNED WITH HARRIMAN
BEFORE HIS DEATH.
New York World.
Arden, N. Y.--One of the last men
to talk with Edward H. Harriman be
fore the relapse of last Sunday that
ended in his death was J. P. Morgan.
The finanier came to Arden 'house
Thur'sday of last week when the en
couraging improvement noted in Mr.
Harriman's condition was at its
height, and in spite of his bodily
weakness the head of the Union Pa
cific system was as well fitted to dis
cuss business as at any -time in his
life. For nearly two hours the two
leaders of American finance sat on the
porch in the sun. It is believed tlhat
at this conference plans were laid to
support the fianancial market in event
of Harriman's death or in ease his
health forced him to abandon all bus-.
iness activity.
When this conference occurred Mr.
Harriman knew he was a dying man,
although he kept this information
fromr 'his family a.nd steadily encour
aged their belief that he would get
well. No one saw more clearly than
Harriman what would probably hap
pen when he died. For the sake of
thousands of railroad stockholders as
well as for his own interests he knew
that unless the strongest money power
in the country "got under" the mar
ket the effect of his death would be
disastrous.
NOTICE TO JURORS.
By order of His Honor S. W. G.
Shipp, I am authorized to notify all
Jurors drawn for the Court of Com
mon Pleas whi'kh will convene on the
13th instant that they need not at
tend, ns no jury cases will be tried at
this term.
John C. Goggans,
Clerk of Court.
Sept. 6, 1909. 2t.
Florence, S. C., Sept. 4, 1909.
Clerk of the Court
of Common Pleas,
Newberry, S. C.
My Dear Sir:--At the request of
the Newberry -Bar, communicated to
me through Hon. 0. L. Sahu-mpert,
there will be no jury cases tried at the
Septemiber term of your Court of
'Common Pleas. Only' equity matters
and default cases will be called. You
will, therefore, as far as you are able
to do so, 'notify the jurors drawn that
they will not be required to attend
court.
Yours very truly,
S. W. G. Sh.ipp,
Circuit Judge.
NOTICE.
The Graded S.chools will open Mon
day. September 20th, nine A. M. I
will be in .the office from nine to elev
en on Thursday. Friday and Satur
day previous to tihe opening for the
purpose of assigning new pupils to
their respective grades.
SW. A. Stuckey,
Superintendent.
STATE OF SOUTH CAROLINA,
County of Newberry.
By Frank M. Schumpert. Esqui-re,
Probate Judge.
Whereas. Z. W. Bedenbaugh haith
made suit to me. to grant him Letters
of Administration of the Estate of
and effects of Lucy -C. Bedenbaugh
These are therfore ito cite and ad
monish all and singular the kindred
and Creditors of the said Lucy C.
Bedenbaugh deceased, that t!hey be
and appear before me. in the Court of
Probate, to be 'held at Newbery, S.
C., on September 29th, next after
publication thereof, at 11 o'clock in
the forenoon, to show cause, if any
they have, why the said Administra
tion should not be granited.
Given under my Hand, this 9th day
of September Anno Domini, 1909.
Frank M. Sdh.umpert,
J. P. N.C.
STATE OF SOUTH CAROLINA.
County of Newberry.
P>y Frank M. Schamnpert. Esquire.
Probate Judge.
Whereas. M. ('. Morris hath made
suit to me. to grant him Letters of
Administration with the will annexed
of the Estate of and effects of J. C.
Moore
These are therefore to cite and ad
monish all and singular the kindred
and Creditors of the said J. C. Moore
deceased, that they be and appear be
fore me. in the Court of Probate. to
be held at Newberry. S. C.. on the
27th day of~ September next after
of Sentemaber Anno Doinfi. 00.
Frank \M. S(chumpert.l
. P. N. C.
STYLE
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Suits from, $15.00 up.
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Next session begins September 22, 1909.
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YOUR BANKING!
THE NEWDERRY SAVINGS BANK.
Caital $50,000 - - - Surplus $30,000
No Matter How Small, rIe Matter How Large,
The.Newberry Savings Bank
i give it careful attention. This message
pSis t te m-n and tn wcomen alike.
3..J ..,1NOWO