The herald and news. (Newberry S.C.) 1903-1937, November 11, 1910, Page THREE, Image 3
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.