University of South Carolina Libraries
JOE WYLIE TELLS OF REBATES. Former Board Member Gives Testi mony at Chester-Henry Sam uels Testifies. The State. Chester, Nov. 8.-The second day of the trial of the cases of alleged conzpiracy to defraud the State in dispensary purchases has dragged along. The prosecution has not yet proved the conspiracy but has been engaged in laying the foundation therefor. The prospects for convic tion are not at all good, no matter how convincing a case might be made out. The prosecution is by law al lowed but two objections in picking a jury and the defense in this case had the right to 15 objections. Joe. B. Wylie was on the stand near ly all day today. He told a straight tale. His evidence given in Columbia a year ago was not broken down by the careful cross-examination. While the truth of his story was evident, and there were corroborating details, yet it would require much more to prove I this case, for the charge is not merely bribery, but conspiracy, which is more complicated. The cross-examination today was not as severe as it was in Columbia Both Wylie and Samuels got off with few hard rubs, for each has friends in this county. The attorney general, Mr. Lyon, conducted the direct examina>tion and Col. P. H. Nelson, the cross-examina tion, this being his first appearance in court for months. He remains seat ed. One of the nine attorneys for the! defense stated .that the speeches would be made by Weston, Gaston and Welch. The defense has apparently no witnesses here and may offer no testimony. The prosecutidn alleges conspiracy on the part of Rawlinson, Black and Solomons to defraud the State. Four others were named, and they have practically admitted it, or will do so, and for reasons known to the State will not be prosecuted at this time. Wylie has sworn to the fact that when his board went into office it agreed upon a scale of graft prices. He further testified that the houses were parceled out among the directors. He got the rebates from his houses and divided with Rawlinson and Black in compliance with this conspiracy al leged. The latter gave him money, which they declared had come as re bates. Henry Samuals, the middleman for Wylie, corroborated the statement that liquor houses sent checks to Wylie made payable to Samuels in order to avoid suspicion, and that Samuels, af 'ter cashing the checks, paid the cash to Wylie. However, although admit ting having a copy of the rebate sche dule, Samuels denied any knowledge. of the so-called conspiracy. Samuels evidently had no relish for testifying1 for the prosecution. He was not nearly so clear-cut as he was a year ago. Samuels swore that he had cashed for Wylie on March 23, 1906, a check for $1,375 from J. S. Farnum, and at different times during the year 1906 $1,505 from C. W. Dudley, $1,350 from W. D. Roy, $1,380 from W. D. Roy, $1, 125 from J. S. Farnum, $1,500 draft on B. M. Wilson by J. S. Farnum, while Wylie got $775 from M. A. Good man, $125 from Flasher of Macon, of which he 1ept 05 and sundry other checks. There were one or two unfortunate quarrels among the lawyers today, but all were settled amicably and the case during the greater part of the dIay rocked along smoothly. Mr. Stev enson and Mr. Gaston clashed, the lat ter misunderstanding the references, and later the attorney general be came indignant at what appeared to be an un:kind reference by Col. Nelson, but the latter disclaimed any such in tention. The case then rocked along. Judge Ernest Moore is giving satis faction. He is quite frank with both' sides. The defense has hara%.i the prosecution with objections at all points and the prosecuti'-rA has won out in every point except one. Morning Session. At the opening of court this morn Ing, Mr. Stevenson for the prosecu tion and Mr. Welch for the defense again argued at length the admissi bility of 'testimony from the minute books of the board of directors. Joe B. Wylie was on the stand and Mr. Stevenson contended and cited author Ities to show that the witness as a member of the board could testify from the minutes which he had of ficiaHly approved. Mr. Welch inquired signi?-:antly' and with emphasis why the prosecution had not produced the clerk who had 'nade 'the entry, Mose H. Mobley. The aftorney g4neral had brought 'here e-~ other clerk of the dispensary, -'r ot Mose Mobley? Why try 'to1 y* it in evidence in this round-about] way? JTudge Moore ruled the books in evi r ~~and declared that the ~ontents e-9 e put in evidence, not as in as the record of the purchases. The attorney general read from th minute books of March 6, 1906, Con missioner Tatum reported that he wa out of cheaper grades and was di rected by the new board to order large number of barrels on bids a] ready on file. Mr. Welch again objected that th charge in the indictment was as t conspiracy as to future purchases. Mi Lyon replied that the new board or dered on old bids, but not on old bid already accepted. Judge Moore rule, the matter in evidence. Mr. Lyon offered in evidence min utes for March 21, the purchases a that time. Examining the witness on the pur chase book, Mr. Lyon was again me with objection from Mr. Welch tha this book was not approved by th board of directors and therefore con tents could not be put in evidencc The judge admitted the books after ai Direct Examination. argument by Mr. Stevenson. It was 11 o'clock before the reall: direct examination of Wylie commenc ed. The first question was whether h knew Henry Samuels and if Samuel represented a liquor house. Objec tion was raised because he must kno% of his own knowledge. Judge Moor cautioned witness that he could no swear that Samuels did represent liquor house, but that Samuels claim ed to represent it. Mr. Lyon got around this difficult by getting witness to testify the Samuels solicited orders for Thier man & Co., Barbee & Co., of Louis ville. The board ordered from hin received the liquor and paid for 11 H. L. Solomons solicited orders fo Big Springs and Strauss, Pritz & Co and the goods came and were pai for. W. D. Roy likewise for Com monwealth Distilling company an the Belroy Distilling company. Like wise Morton A. Goodman for Ullmai & Co., and the Belair and the "76 Distilling company. Jas. S. Farnui solicited orders for Gallagher & Bur ton, Lanahan & Sons, Schlitz beez Anheuser-Busch brewery and otherE A. L. Dunn represented Grabfelde and got orders. Board did not ge all ordered from Dunn. Jeff D. Dun woody, of the Atlanta Brewing and Ic company and Jack Cranston of H. an . W. Catherwood and the Jack Cran ston company received orders. Witness was asked if the defendant received rebates on the March 6 pur chases. Mr. Gaston objected that th harge was not "receiving" but "con spiring to receive" bribe. Mr. Lyoi replied that it is an elementary prop sition that conspiracy may be prove by the circumstances following an surrounding. The evidence was ad mitted. All Got the Graft. "We were all paid rebates on th purchases of March ..., 1906-Rawlin son, Black and myself. Farnum set ted with me and I divided with them, replied Wylie. Mr. Gaston objected that the re bates were not paid in this county. Mr. Lyon said he would accede t Mr. Gaston's propositon, and prov hat they were. Wylie continued that the member f the 'board had a settlement amon hemselves. They settled in the Co umbia hotel, but he could not sa: hat they had assembled as a board Rawlinson and Black had money ana hecks and his pay from Farnum wat check. Mr. Gaston objected to hearsay evi ence on behalf of his client, Solo ons. He thought the foundatio: against Solomons was fimsy indeed r. Lyon declared that if there wal 1o relevance apparent now, the chargi gainst Solomons could be ruled ou y the court later on. WyIie was then asked the direc uestion by Mr. Lyon, "Did Solomoni ver pay you any rebates?" Witnes replied: "I think so." Objection wa urther made that the witness mnus now, not think. The testimony wal dmitted conditionally, also the testi nony that R.awlinson and Black hat told Wylie that they had got rebates. Witness stated that Black and Rawl. ~nson told him that all houses fron vhich purchases were made had pai< the rebate scale. The Rebate Schedule. The board met again on March 21 1906. Between the March 6 and Marc] 1 purchases an agreement was en tered into and 'a schedule of rebate! entered into between the members o: the board and liquor salesmen, among them the defendant Solomons. Wylie read from the memorandun ook in which he bad the entries. Ob jection was made to witness refresh ng his memory from the book. Ob ection overylleg. Witinest testified :hat at the time the entries were made they were correct. The board purchased subsequent 't :he adoption of the graft scale, anc rave preference to these 'house. Why Because these houses agreed to pa.s ebates. "I collected some rebates Black collected some and I think thai kwinspn collected one time-,"' he wore. This was in accordance with an ar (Continued on pag six .) The Famo a Doe. Don't over one strain on mellow liI izes the v s Lam gh Th I best light It has t that is he] gives adi rass an keep poli! t but no ot any pricc Once i Dealv E&weryhmv. I CIra/lar to Standard U el -Money to Loan at S T Io the Rich or Poor. It s a From one hundred to thousands a - of dollars, on long time .and easy t payments at 5 per cent interest. v Jackson Loan and Trust Co. OLLIE 0. & J. T. SMITH, Local Aget& Office at 932 Main St., Newberry, S. C. DR. MELDAU r will answer emergency calls in con nection with his office work. Special- t _ ties, morphine and other drug habits. Hours 9 to 1 forenoon; 4 to 8 after noon. 10-28-6mos NOTICE OF FINAL SETTLEMENT. I Notice is hereby given that we will - make final settlement of the estate of -, Chas. W. Senn, deceased, in the pro . bate court for Newberry county at 11 r o'clock in the forenoon on November t 25, 1910, and immediately thereafter - apply for letters dismissory as ad e mitis4rators of the estate of said j deceased. All persons holding claims 1 - against said estate and all persons In debted to said estate will make set s tiement before said date. - Mary C. Senn, e J. F. Senn, - 10-25-5t1taw. Administrators. - Saved From the Grave. I "I had about given up hope, after I I nearly four years of suffering from at .. sever lung trouble," writes Mrs. M. L. I Dix, of Clarksville, Tenn. "Often the r pain in my chest would be almost un- C bearable and I could not do anyt e work, bult Dr. King's New Discovery - .. has made me feel like a new person. Its the best medicine made for the ~throat and lungs." Obstinate coughs, stubborn colds, hay fever, la grippe, a asthma, croup, bronchitis and hemor- 1 - rhages, hoarseness and whooping t cough, yield quickly to this wonder ful medicine. Try it. 50c and $1. STrial bot:les free. Guaranteed by W. & E. Pelham. 3 NOTICE OF FINAL SETTLEMENT. SNotice is hereby given that I will - make final settlement in the probate I y court for Newberry county on Tues lday, November 29, 1910, as guardian -. j of the estate of Lee P. Hendrix, a s minor, and immediately thereafter ap ply to the said court for letters dis-f - missory as such guardian. ..3. W. Hendrix, 1 October 26, 1910. GuardIan. t .10-28-4t TO DRAW JURY. t Notice Is hereby given that we, the undersigned Jury Commissioners for t Newberry County, S. C., will, at 9 3 o'clock a. in., November 11, 1910, at 3 the offlee of the Clerk of Court, open a ly and publicly draw the names of 36 t men who shall serve as Petit Jurors a for the Court of General Sessions, . which will convene at Newberry C. H., A j S. C., November 28, 1910. - ~ Jno. L1. Epps, .Eug C 1 ~ Jnc *'s A j Jury Commisione ~ rry County, S. C. IOctober 31, 1s10. L 'iHOUSE AND L~OT "' PROSPERTTY!L FOR SALE. L. I will sell at public ontery to the V highest bidder before the court house L. atNew berry on Monday, 'To'o bs 7,11,salesday, th~ M"'e nni' 10? A ini the town of Prosperite known as' the Luther Counts residence, Con- A teining one and onie-fourth acres. A E. A.Counts. 1A 'A The pleart+ niirative 'er expPr jenced by "1' do one ('inmi erlain's Stomach and iver Ta1ts 1 tI" healthy c' mind whi" feel joy Son. CHIC us co i Not Strain the Eyes use a small concentrated light shoulder. it puts an unequal your eyes. Use a diffused, soft, tht that cannot fficker, that equal ork of the eyes, such as the Rayo es, and avoid eye strain. tayo is designed to give the , and it does. a strong, durable shade-holder d firm and true. A new burner ded strength. Made of solid I I finished in nickel. Easy to shed. The Rayo is low priced, her lamp gives a better light at a Rayo User, Always One. 1 not at ymus, wite fbr ducr(ptve the nearest aliy of ihe -Oil Company NOTICE TO CREDITORS. All persons holding claims against he estate of H. Archie Haltiwanger, .eceased, are hereby notified to pre ent same duly attested to me or my ,ttorneys, Messrs. Hunt, Hunt & Hun er, on or before the 25th day of No ember, 1910. Frances L. Haltiwanger. Ldministratrix of the Personal'Estate of H. Archie Haltiwanger, deceased. October 24, 1910. 10-25-4t-ltaw. .NOTICE TO CREDITORS. All persons holding claims against he estate of Lula B. Epting, deceased. re hereby notified to present same luly attested to me or my attorneys, gessrs. Hunt; Hunt & Hunter, on or iefore the 25th day of Yovember, 1910. James F. Epting, Ldministrator of the Personal Estate of Lula B. Epting, deceased. October 24, 1910. 10-25-4t-Itaw. COLLECTION OF TOWN TAXES. Notice is hereby given that the tax iooks for the Town of Newberry, S. 3., will be opened from the 15th day >f October to the 30th day of Novem ier, 1910, both inclusive. A penalty >f 10 per cent. will be added after No 'ember' 30. 3. R. Scurry, .0-14-tf. C. T. C. The Call of the Blood or purification, finds voice in pimples, oils, sallow complexion, a jaundiced ook, moth parches and blotches on he skin--all signs of liver trouble. ut Dr. King's New Life Pills make 'ich red blood; give clear skin, rosy heks, fine complexion, health. Try hem 25c. at W. E. Pelham's. NOTICE TO OVERSEERS. All overseers of roads who have not .lready had their respective sections worked the full six days, as required iy law, will have the same done before 1 )ecember 1, 1910, and make their re urns to this office. By order of the Board of County jommissioners. L. L. Feagle, I] County Supervsor. I. C. Holloway, Clerk. olumbia, Newberry & Laurens R. R. Schedule in effect October 6, 1910. nbject to change without notice. ublished as information only, the chedules indicated are not guaran sed: A. C. L. 52. ~ 53. v. Charleston.. ... 6.0am 10.00pm' v. Sumter.. .. ....9.4am 6.20pmd C., N. & L. v. Columbia. ... ..11.5am 4.55pm v. Prosperity. .12.42pm 3.34pm . Newberry.. ...12.56pm 3.20pm. v. Clinton........ 1.0pm 2.35pm V. Laurens.. ..... 2.35pm 2.12pm C. &W. C. .r. Greenville. ... 4.00pm 12.20pm r. Spartanburg. .. 4.05pm 12.20pm S. A.L. r. Abbeville .... 3.55pm 1.02pm r. Greenwood .. 3.27pm 1.33pm r. Afhens.... .... 6.5pm 10.30am r. Atlanta...... ..8.45pm 8.00am A. C.L. 54. 55. v. Columbia.... .. 5.0pm 11.15am - v. Prosperity... ..6.26pm 9.50am v. Newberry.. .... 6.44pm' 9.32am v. Clinton.... .... 7.35pm 8.44am v Laurens.. .....7.55pm 8.20am C. & W. C. r. Greenville.. ... 9.2pm 7.00am S. A. L. r. Greenwood.. .. 2.28am 2.38am r. Abbeville.... .. 2.56am 2.08am r. Athens.. .... .. 5.4am 11.59pm r. Atlanta.. .. ...7.5am 9.55pm Ns. .52 and 53 arrive and depart -'m TThion Station, Columbia, daily, , - --om hetween Charleston Dull Seaso Every Artcile Priced Way I Trade. Take Advantage Purchase Your Fal and You WILL S) The Short Cotton Crop w ward. We force price ALL OUR FALL AND were bought before other of going North. We b( market value and Nothin Quality. The first choic chaser. This is YOUR ( Come! We need mon owe. A cordial greeting O. Kle The Name on a. that guarantees the puri ness of every dainty No other candies We receive ex. * press shipments Gilder i almost daily. .LLPARR, Pres. W. G. Houseal, Vice-1 NEWBERR1 CAPITAL $! tatement of Condition Condens ~oans and discounts $241,874.53 Ca )verdrafts 944.08 Su ~urniture and Fixtures 3,800.00 Di' ash on hand in Banks 14,669.82 Bil Ca: In< $261,288-43 We invite you to make this E vil appreciate your business. Spartanburg I SPARTANBU November 8 Very Low Round '1 Southern] Anderson ... ... ... ... , Abbeville ... .......-.-.---. Batesburg...... ... ... ....-.... Edgefield..... ... ... ... ....... Greenville ... ... ... .......... Greenwood ... ... ... ........ Honea Path ... ... ... ... ..... Johnston ... ... ... ... ........ Lexington ... ... ... ... ....-.. Newberry ... ... ... ... ........ Trenton ... ... ... ........... Williamston ... ... ... ... ..... Proportionately low rates from other Tickets sold November 7 to 11 inclusi - Mr 3 4. 1910. ; ma-in service and accommod 'imodation of Fair travel. .. er information, call on Soutt ess. JNO. L. M~EEK, A. G. P. A. n Prices )own to Stimulate the of Our Low Prices Winter Goods Now iVE Money ill force prices Sky-. R DOWNWARD. WINER GOODS merchants dreamed ught below present g but the BEST In :e to the early pur )pportunity. ey to pay what we to all. ttner Box of Candy ty, quality, fresh morsel within. are so good. Sc Weeks ars. I.L.SPEARIAN, CasMiu! , s. C. ed September 22nd, 1910. pital Stock $50.000-00 rplus (Earned) 12,599.66 / idends unpaid 40.00 Is Payable . 55,000.00 shier's Checks 527.15 ividual deposits 143,121.62 J $261,288.43 lank your depository; we ount1y Fairt RG, S. . .11, 1910.. 'rip Rates Via Railway. .......... $.80 ......... .... 2.5 .... .... .... .....05 .... .... .... .... 4.70 .... .... .... ....18.20 .... .... .... .....45 .... .... .... ....40 ...... .... .... 180 South Carolina points. re with final limiat returning No ation. Extra coaches on all trains .ern Railway tteket agents, or, a& ALEX. H. ACKER, T. P. A. Augusta, Ga.