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J. S. FARNUM FACES A RICHLAND JURY. (Continued from Page One.) Caughman, foreman; S. E. Powell, E. R Legrand, H. H. Frost, F. N. Jones, G. H. Spires. J. C. Brazelle, L. H. Ilornsby, H. 1. Cockran, D. T. Sharp, J. H. Shannon and H. W. Desportes. Jury Locked Up. To-nigjht the jury is locked in rooms .at Wright's Hote'. Judge Memmin ger announced at the closing hour that he deemed it best, owing to the im portance of the case, to have the jury seeluded during the course of the trial in this manner. Two deputies were immediately 6worn in and the jurors were taken to the hotel. They will have every com fort during the time they are occupied with this ease. Judge Memmingei cautioned the jurors against speak ing to any one about the case or al lowing anyone to discuss the mattei with them. Every precaution will bE taken and the jury will be guarded from the outside world. Following the empanelling of thE jary, Attorney Stevenson, at the re quest of Judge Memminger, explained the indictment against '.aie de fendant. This was done after the in dictment had been read by Solicitox Cobb and was for the purpose of mak ing clear to the jury the nature of the charge, inasmuch as the cumber some verbiage of the indictment might .not thave been perfectly clear to'the laymen on the panel. Farnum on Hand. There was the most intense inter est in the move of the State. The short time consumed in the empanel ling of the jury brought every one in the Court room face to face with the fact that the cast was about to be tried The, defendant, James S. Farnum, was in the court room, seated near his at torney. just back of Messrs. Nelson, Cochran and Hammond, who are con ducting for him the active defence. Mr. Farnum appeared to be in the best of spirits during the progress of the preliminary work of the trial, and this afternoon exhibited much inter ott then the jurors were being se lected, and later when the first two witnesses for the State were put on the stand. ,Lawyers Engage in Conflict. 'Attorney B. L. Abney, for the State, stirred up the defence when he read a notice which, he said, had been sent to the defendant to produce certain papers. The papers included a draft for $1,5'75 to Henry Samuels, through a local Charleston bank; a draft da :ted September.5, 1906, on the Con sumners' Beer Bottling Establ.ishment, to Henry Samuedls, for $1,125; a draft to B. M. Wilson for $1,500, dated De eember 14, 1906; one to H. Samuels, dated October 9, 1906, for $300; an ether to Samauels, for .$883, dated No ivember 14, 1906. Mr. Abney also stated ,tiat two men, K. H. Wilkins and A. S. Kuliniski, had been ordered to appear and bring certain doeu mnents. He called upon the defence to state whether .the order had been com plied with, or what response they had to make. .This statement brought Mr. ,Coch ran, of counsel for the defence, to -his feet. He stated that Mr. Abney ihad read a notiee .in which certain papers were to be produced, and that the defence was to make response thereto. "Our constitutional right in this case has been violated,'' exclaim *ed Mr. Cochran. "Counsel has fol lowed the wrong practice, and he has vitiated his whole case by this ac t,ion.'' Mr. Cochran claimed that the defendant would be damaged by the statements made by Mr. Abney in that the jury was present, .and the conclusion might be drawn that the defence, if it did not produce the doc uments, could not produce them, and that in this way t'he defence wouild ,be injured, which was not in accord .anee witih the established rules of practice. Did,n't Comment on Notice. Judge Memminger indicated that a new trial might be granted in a case where comments were made in a man ner that might prejudice the defend .nt's right with the jury, but Mr. Ab-nev disclaimed anyl intention of enenting~ upon tihe notice. and sta ten thiat he could show authority for the action takien in reading thle no tiee, and calling upon tihe defenice to produce what the notice called for. or sa hey would not. so that secondary evience might be b)rought in. -p9 Nelson1 stated that attorneys for the defence have ev.ery reason i' suppo e that this would be done, and he in sisted that if ehe matter were tc. be taken up that the jury shoird b e -eluded. Glen. Lyon then entered the fray ie stated that lhe had understood Mr. HJjand t , ask what the paper1 was for he ste. .Les..rs. Kh*nSki and Wilkins, were standing within the railing about to be questioned by the attorney for the State. Brt the matter was halted when Ji,dge Mem minger announced that the question would be reserved, the defense having interposed objection to the witnesses ,being examined in open Court as to whether or not they had brought the papers. Judge Memminger told them that they would be in contempt of Court if orders had not been com plied with. Mr. Abney stated that he cou-ld show that he had not stepped outside the bounds of correct practice, and this matter will probably come 'up laU2er. Another Clash Between Attorneys.s Mr. Abney asked tha4 witnesses be excluded from the Court House ex cept when called upon to testify, and this request was granted. Here arosq another small sized e1ash of the at torneys. It was required that bol." sides write out the names of witnes es and hand them to the seriff and all witnesses would be exclud;,d until each was called. The State made ut its list, but the defence announced that it had no witnesses in the Court room. and if it had any to-morrow would exclude them. Mr. Abney arose and was objecting when Judge Mem minger, with a slight show of irrita tion, said: "This case is not going to be conducted as a game of chance Or skill of attorneys. I am going to go about this matter according to the law." He then stated that he would aHow the defence to produce the list of witnesses later as it secured them. This ended the matter except that Mr. Abney remarked that he wanted to know where the witnesses were when called. Judge Memminger said he would rely upon counsel for this. The State's list of witnesses include W. D. Roy, W. J. Murray. J. B. Wy lie, J. A. B. Schmidt, G. H. Char'les, H. Wilkins, A. S. Kuliuski and oth ers. The First Witness. J. L. Thorpe, of Aiken, formerly chief bookkeeper in the dispensarv, in 1906. was the first witness called bv the State. The examination was by Mr. Ab ney. Mr. Thorpe's testibnony was en tirely as to the identification of cer tain books of record that the State indicated would be used lattr on in tihe trial of the case. The defence in terposed objection to the books being admitted, as 'it was alleged the prop er witness was not present to testify, but they were finally introduced with out reference to the contents except that the writing was indentified by questions from the counsel for the de fence. During the examination of the witness conusel on both sides stood close to the witness and the books were eloely examined. *The dusty volumes of th.e old State dispensary tbat have been hauled about so much are expected to play quite a part in the dispensary cases. When Court adjourned this evening the books were ordered locked -up in the clerk's office anad not to be exam ined except ,by counsel. Mr. Thorpe was not cross-examined further by the dtfence, as he will probably be re called later. The Marked Bill. iColumbia, Septemnber 21.-Deelar ing that out of idle cariosity- he had markied one of the hundred dollar bills tendered Henry Samuels, in payment of a draft September 15t-h, 1906, and that this bifl was returned for de posit by J. B. Wylie, along with bills to the amount of .$1.120, Robert Gage, cashier of the Commercial Ban'k of Chester, witness for the State in the Farnum case, sprang the first sensa tion of the alleged graft trials in the Court of Sessions this afternoon. The State a-nnounced before calling Mr. Gage to the stand that it would con net this testimony with ftlhe accused. This transaction is in line with the charge in the indictment that the de fendant se-nt Samuels the draft for $1,125 to be paid to J. B. Wylie, who was then a member of the State board of control. The testimony of Mr. Gage. was the molist important of the open ing day 's happenings in the case of the State against James S. Farnium, -which is now being tried. Robert ('age, cashier of the Com mercial Ba~nk of (':Kester, wals put on] the9 5tand by the Stte an made a~ good wit ness. e e-aled eashing * adraftt onl Sptember 15. 1906. for Henry Sami uels. The ledger showing the trvans ad:on was produced. -and afttr objection by the defence that groundl had not been laid for introduceitn of secondary evidence, Mr. Gage was allowed to testify to what he knew. He stated that he gave Mr. Samuels .$1,125 for the draft. ''What did Mr. Samuels do with it ?' asked Mr-. Abniey. d.ed J.1e L'll, I :1 Ii :1 redl peli bill. That afternoon or the follow ing day. Mr. Wylie deposited $1,020 with me. The marked bill was in the number.'' Mr. Gage was asked what made him take this course, and he replied that he had had an argument about the matter. and that he thought Mr. Wylie was getting something, but this testimony was ruled out. Court will reconvene at 9:30 o'cloek to-morrow morning. Wednesday's Session. Columbia, Sept. 22.-The State gained another victory in the Farnum case this morning in having second ary evidence admitted as to t'he draft which is alleged ito have been sent by James S. Farnum to Henry Samuels, at Chester. and paid to Joseph B. Wy lie. of the State board of directors of the dispensary, in September, 1906. It was necessary to exclude the jury from tthe room while the matter was being argued before Judge Memmin ger, and questions were asked the wit ness then on the stand, Mr. Robert Gage, as to the payment of the draft at t4he Commercial Bank in Chester. The defence objected to the allowing of the introduction of all the second .arv evidence until it should be proved tiha-i the original evidence could not be secured, and that due diligence had been exercised by the State to get this evidence. There was quite a lengthy argumeni upon the point, but Judge Memminger ruled tha4 the tes timony and evidence s1hould be allow ed. The grounds for the defence's objections were taken down by the stenographer. 'Mr. Robert Gage, cashier of the Commercial Bank of Chester, testified again to-day as to the payment of the draft for $1.125, and the State sought to trace this ins-trument from the time it was presented at the Chester bank to the office of tihe accused at the Consumers' Beer Bottling Establish ment. Witnesses were placed on the stand, who testified that they had searched the files of the company upon which the draft is alleged to have been drawn, but that the alleged d.raft could not be found. Records Admitted. Tihe contents of the books submit ted to show the transaction alleged to have been had was noti admitted at first except to trace out the course of the draft and then lay the ground for secondary evidence. The books were identified. G. M. Berry, cashier of the Na tional Loan and Exchange Bank of Columbia, itestified as to -receiving the letter of the Commercial Bank con taining the alleged Farnum item. but the Court sustained Vhe defence in the ruling thait Mr. Berry's testimony was not the best evidence as he did not personally open the mail and at tend to the listing of the iitems named in the letter. H. D. Muller, also of this bank, testified as to the item transmitted to the National Loan and Exchange Bank, the correspondent iere of The Chester Bank, but Mr. Muller stated that he could not inde pendently say of his own knowledge as to the specific item referred to, but that he, however, af.ter refresh ing his memory by the record. knew that he. had forwarded the draft to die bank of Charlestoui. T.his special point caused objection by the defence. J. E. Matthews' testimony that the hek marks on the letter from Ches ter bank were his ow n, was admitted after objection. Mr. Woods was re alled and stated that the letter was in his handwriting. H. Wilkins, secretary and book keeper of athe 'Consumers' Beer Bat tling Establishment, ''as the next witness. He stated, in substance, upon ,being asked by counsel wihether he had complied with the subpoena served upon him as to .product-ion ofi papers: "I succeeded in finding one book named in the su'bpoena. I made~ careful search and found no others. I searched the office and the beer bot Do You I Arount Many do, for ex There is always s a bit, either for Bins in the cellar, rails for the stairs, BRIC K kept. The bok brought contained two entries that. were put into evidence after considerable argument. One item showed the payment of an amount of $1.125 to the H. T. and- S. Bank. of Charleston. as shown in the book. The date was September 17. The o.ther entry showed a personal payme-it of due bills for Mr. Farnum to the amount of over $8,000. The di .rect question was asked Mr. Wilkins if he had searched for the draft re ferred to, and be answered yes, but that [he could noqt, find it. He could not recall having paid the alleged draft. A. S. Kulinskv's testimony, under qu1lestions from Attorney Stevenson, was praciically the same as that of M. Wilkins. Mr. Kulinsky was also in the employ of the bottling estab lishment. Robert Gage was recalled, and here arose the discussion as to the rele vanev of the testimony as to the con NOTICE LAND SALE. We will sell to the highest bidder on the 25th day of September, 1909, at eleven o'clock a. m., at Little Mountain, S. C.. the Simeon Miller Home Place; will be sold in two tracts. Tract No. 1 containts 100 acres, more or less. Tract No. 2 contains 90 acres more or less and bounded by lands of B. L. Miller, I. A. Miller, Win. Mettz and others. Land lies about 3-4 mile from Rail Road near Slighs Sta tion. Terms of Sale: One half cash, bal ance in 12 months from day of sale with seven per cent interest, and pur chaser to pay for all papers. For any other information call on B. H. Miller at Little Mountain, S. C. (Signed) B. H. Miller, et al, Little Mountain. S. C. STATE OF SOUTH CAROINA, COUNTY OF NEWBERRY. Court of Common Pleas. Willie E. Stuck, in her own right and as Administratrix of tfie goods, chattels, rights and credits of Uriah J. Stuck, deceased, Plaintiff, Against Jackson Stuck, William Stuck, Adam Fulmer Stuck, Lula Pearl Stuck, Peggy Elizabeth Stuck, Callie Boyd Stuck, and The Newberry Loan and Security Company, Defendants. By an order of the Court herein, I will sell to the highest bidder, be fore the Court House, at Newberry, S. C., within the legal hours of sale, on Monday, Salesday, October 4th, 1909, all that piece, parcel or tract of land lying and being situate -in New ~berry County, State of South Caro lina, containing eighty three (83) aeres, more or less, bounded now, or formerly, as follows: On ~the North by lands of Tom Williams, on the East by lands of A. C. Haskell and Lindsay Dominick, on the South by lands of H. W. Whitaker, being sepa rated therefrom by public road, a.nd on the West by public road, known as the Mendenhall Mill road, same be ing the traet-of land conveyed to the said U.riah J. Stuek by G. B. Summner. -Terms of Sale: One-half of the' ;urcbase money to be paid in cash, the balance in twelve months from ay of sale, the credit portion to be secured by bond of the purchaser and a mortgage of the premises sold, to ear interest from day of sale unitil aid in full at the rate of eight per ent. per annuum, and the bond and ortgage _given by the purchaser to rovide for ten per cent. for attor ey 's fees in case of colleetion by an ttorney or foreclosure, with leave o the purchaser to anticipate the redit portion in whole or in part. Purobaser to pay for papers and ecording same. H. H. Rikard, Master. Sept. 8, 1909. Ike to "Tinker" I the Home? Icise, recreation or economy. mething that needs fixing up appearance or convenience. partitions in the garret, hand idewalks, gutters, cribs, chicken ' house or green house, a fresh coat of paint. Let us furnish the material and help with practical ad vice. SCmERS U THERE WILL BE A Grand Display - -OF Beautiful MiIIinerg In All the Newest Shapes and Styles AT THE Mower Co.'s Millinery Department -ON Tuesdag 28th Sept. Our friends and the public are cordially invited to come. .aL. MSoWer o. IF IT'S IGfood to, Eat!i * ~AND YOU WANT0 jTHE BEST1 3 you WILL FIND IT ATa JONES' GROCERYj * 'PHONE No. 212