The herald and news. (Newberry S.C.) 1903-1937, September 24, 1909, Page TWO, Image 2
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