Historical Newspapers of South Carolina

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OTHERS ACQUITTED CHESTER JURY RENDERS TER- a DICT IN GRAFT TRIAL. ti Sawlinson and Solomons "Not Guilty" n -Conviction for Black Only on m Second Count. News and Courier. n Chester, Nov. 11.-"Not guilty, as to b Jodie M. Rawlinson and H. Lee Solo- ci mons. Guilty, as to John Black, on i the second count; not guilty on the is first count. W. 0. Guy, foreman," was a the verdict reached at 9.30 o'clock to- B night, in the far-famed graft trial, 0: concluded here this afternoon. a: Upon the announcement of the ver- n dict, counsel for Black announced in tention to make a motion for a new trial, which the court will hear to- p: morrow morning. From this verdict t< two*of the defendants go free. S The conviction of Black on the sec- of ond count of -the indictment means, I Y virtually, that he has been guilty of tc conspiring to cheat and defraud the tb State of South Carolina, by divers t3 false pretences and indirect means, of t a large sum of money. The differ- fr ence between this and the first count ir is, to the lay mind, hard to distin- sI guish, the fine point being somewhat in this wise: That the first count D charges conspiracy to receive and ac- ti cept rebates for individual use by the bE board of directors of the State dis- Ite pensary, contrary to the statutes. The second count is the more general, in- th -cluding "any means" of cheating or ti defrauding the State, not merely the M acceptance of rebates. c Friday's Proceedings. "1 At 6.10 o'clock this afternoon, the si case of Jodie M. Rawlinson, John iO Black and Lee Solomons, charged el with conspiracy to defraud the State, di went to the jury. The court took a recess, subject to call at any time during the first part of the night. The w jury retired, supper was served them w and deliberations as to the fate of the R three men under indictment were be- m gun. cc The entire day was consumed in the fe rguments by counsel and the de- cl, livery of the charge to the jury, by ed Judge Moore. For the State the speak- s< ers today were: Acting Solicitor Mc- Je Lure, Attorney General Lyon and At- bi torney W. F. Stevenson, Col. B. L. .Albney, having spoken yesterday aft- 10 ~ernoon. For the defence: Attorneys fii John M. Wise, of Chester; Madison W P. Howell, of Walterboro; Robert H. w Welch, of Columbia, and Arthur L. w S..aston, of Chester. n< Judge Mioore's Charge. Icc ~Tudge Moore, in his charge to the jury, clearly defined the elements of a conspiracy, its scope and limitations, stating that it was not necessary for 'all the alleged conspirators to come g together and agree in terms; that as sEnt was indicated by actual confor- a mnity to the plan or agreement; that a c conspirator need not be a party to thes orignal agreement, for coming in aft- A erwards made 'him responsible for all -the acts of the original conspirators, T that if the conspiracy was formed here in Chester, or any other act committed *by any of the defendants named in the a indictment, in pursuance of the con- l spiracy, then the venue lay in this of county and may properly be tried by' this court. Testimony of Accomplice. s The sitrikng feature of the charge u was its variance from that in Farnum case, relative to the -testimony of an a accomplice. It is recalled that the S preme court has ruled that the un corroborated. testimony of an accomn plice in crime may be taken by the jury, whereas, in former trials, it has been charged that it is unsafe to act cc upon the uncorroborated Mostimonyvo a co-conspirator or an accomp lice.t Nor, sai-l Judge Moore, is it ts,~ be taken that corroboration bolsters up the testimony of an accomplice. IfS 4 any points of his testimony be corr'o-t borated, it may serve to warrant the T jury in believing his e.Ire zestimnonyv1 continued the court. Anti-Rebate Law Ex.plained. al The law was cited in reference toc officers of the State accepting extra compensation, derived throuigh irne of their office. The two count:s of h indictments, the first of which te specifically the charge of conspirac. and schedule of rebates, and the sec ond, which makes the charge genral.L similar to the Cardoza indictment,t were dwelt upon, and conviction upo'n a either or both, or acquittal upon either sc or both, of any one all or any two of* W the defendants. was explained by the W S presiding judge.u General comment was that the sharge ay Judge Moore was clear. tC forceful and strictly tc the 'int. ex- (' traneous matter being studiously avoided. Strict attedion was given iX by each 4iemnber of the jury. ito The Arguments. in As to the arguments, it may be w safely said that they measured uip to e the occasion and did .justice to the w -important issue at hand. However, tr iuench cicis cf the alttorneys:;e aged in theL trial, too much politics ad an unwarranted attack upon the ttorney general, the winding-up com tission an.d the conduct of the State's ffairs in reference to the business of ie old State dispensary; that there as too much villification of the wit esses and impugning the motives and Lethods of the prosecution. Much ado was made over the al ged attempt of the State to lend dig ity to the witnesses it produced; to ring out the fact that W. D. Roy was )nnected with some of the old estab shed families of South Carolina. It stated on the streets that Mr. Roy is grandson of the late Rev. John A. roaddus, one of the foremost figures his day in the Baptist denomination, id that he is related to other promi ?nt families. Appeal to Sectional Prejudice. Attorney Wise appealed to sectiona -ejudice when he urged the jury nr convict "real good, honora e >uth Carolinians" upon the testi "that red-handed, light-fingered ankee, John T. Early." All the .at irneys for the defence admitted in eir arguments that Wylie was guil of grafting. They arraigned him r his Judas-like betrayal of his iends and associates. Mr. Welch be g particularly severe. During the )eech Wylie was not in court. Nor were counsel light on C. W. udley, who, on the stand, admitted at he had lied and that he scarcely ,lieved the jury would believe his stimony. Attorney Gaston, in his argument is afternoon, was particularly caus , in his arraignment of Dr. W. J. urray, chairman of the winding-up kmmission, whom he designated as a Lypocrite, brought here to lend re ectability to the trial." He spoke him as having conducted a star tamber inquisition and sought to scredit his entire testimony. Eloquent Speeches. Eloquence uncon,"ned filled the air ithin the court house here today, 1en the sins and virtues of Jodie M. iw!;nson, John Black and Lee Solo ons were alternately portrayed by unsel for the State and for the de Dte, in the so-dalled gr-.t tril, con uded to.iight. The trio was designat first as the "blackest of thie'ves and oundrels," then as "pure and spot ss" sacrificial offerings to the am tious lusts of the attorney general. "Poor little Solomons" would not ok so well in stripes as the fine ~ure of Joe Wylie, argued Attorney elch. Black and Rawlinson, if they ent to prison cells, would go there ith the consciousness that they had >t "peached" on their friends and *mpanions. Stevenson Scores. Here was a point that Attorney evenson pounced on with all the rce and fury in his thoroughly ag essive and energetic nature, and the 'e of his Irish nature. "Companions .d friends, Wylie's associates; asso ~tes; associates in what? This con iracy, of course," argued counsel. torney Welch was accused of ran .cking Heaven and earth, the Old ~stament and the New for simile and etaphor to portray the spotless in icence of his clients, of dragging ttters and the deepest sloughs for uguage to describe to "slimy hide" Joe Wylie, the Judas of the board. Attorney Stevenson thought Mr. elch missed his calling, that his elo ence would adorn the pulpit. The me criticism was passed on his fig 'e of speech, likening Black and twlinson to the Christ, being made propitiation for the guilt of the ate. Defense's Plea. The basic plea of the defence ap fared to be that Wylie, the "arch! nspirator," -together with Farnum, trly and Goodman, had been allowed go free, therefore, these other men ould not be punished. "Why single :t poor little Solomons, the only ~uth Carolina whiskey drummer in e bunch?" was a key note appeal. ie defence admitted the guilt of Wy 1, "guilty as hell," they said. "Then ty let hinm off." Attorney Welch so argued that, although the ac ptance of rebates might be unlaw 1, such a charge was not preferred the indicttment: that these defend Ks were charged with "a conspiracy defraud the State," and this had not en proved. The arguments of Attorneys Abney, ron and Stevenson tended to show: at there was "an agreement," the option and acceptance of a rebate h'edule: proving such, that the State as defraudeil in that thlv rebates ar not turned into the State treas -y, but into the pockets of the board embers; hence the fraud, pursuant the agreement.. con fedieration or Inspnira cy. Politics, apparently, played sone rin the arguments today. The at rney general came in for a lambast g right and left. The acts of the inding-up commission were criticis .The appeal to sectional prejudice as set forth and the expense of this' ial being uselessly thrust on Ches-: ISp i aipaa inat ne and Abney and Stevenson appeared to be the ones on trial instead of those indicted. One attorney had referred to the Southern railway counsel, ask ing why he appeared in this case; then again he referred to Mr. Steven son's fees in this litigation. Attorney Madison P. Howell, of Walterboro, and John M. Wise, of Chester, asked the queaiion why these cases were not tried in Richland instead of Chester? This was frankly answered by the attorney ge'e21al, who said: Attorney General's Reason. "A jury in Richland county ruth lessly, wantonly, impudently and without shame, in spite of the evi dence and the law, acquitted Jim Farnum. I thought I had a good chance to get a just verdict in Ches ter county, that's why I brought this case bere." Attorney Arthur L. Gaston seemed to think that the attorney general and his associates had some "diabolical scheme, pursuing John Black with re lentless fury." He also asked if the courts of justice were going to be us ed to carry out the campaign promises of Mr. Lyon. 'Mr. Gaston spoke of C. W. Dudley as a "moral and physical leper," and of W. D. Roy as "stealing the livery of Heaven to serve the de vil." Attorney W. F. Stevenson made what has been commented upon as probably the most powerful address heard in the court house here in years. Sharp, keen, incisive, crowd ing a world of facts into a small com pass and marshalling them with wonderful gener:alship, ad1hering to the issue and pitilessly exposing the guilty, as te saw it, cf the three Jefendants. Black's Stock Business. Considerable merriment %vas occa ioned when Mr. Stevenson ridiculed the idea of Black's being engaged in the stock business in Walterboro. It was in Columbia, he declared, that John Black did his stock business; it was in the capital city that he had is collection of trotters and pacers, nd it was there that he did all his Iriving. Jodie Rawlinson might have been allowed to handle one or two of the gentlest, in the outfit, but his spanking team of Kentucky trotters, Dudley and Roy, were for his own ex alusive use, except as he chose to turn them over to Joe Wylie, who is big and rawboned and possessed of more mus ale than Rawlinson, said Mr. Steven son. The "big, bald face stallion, Henry Bamuels," was another of his 'string" that only he and Wylie used. When they had any need for "stock" some gentle little pony was trotted >ut for his benefit, and not the high teppers already spoken of, or the 'pink faced pacer, Farnum," he said. Mr. Stevenson added, "but when set :leent was to be made by any of :hem, it was in the ca,M'in's o-ie in lolumbia, that they had to come, not Walterboro." CITY OPERA HOUSE. TUESDAY NIGHT NOVEMBER [HE PL.AY THAT THE ENTlIBE BOUNTRY IS TALKNG ABOUT THE ST. ELMO CO. (Inc.) Announce for your approval NEIL TWOMEY'S DRAMATIZATION OF [HE FAMOUS SOUTHERN ROMANCE BY AUGUSTA J. EVANS A METROPOLTAN CAST! SUPERB SCENIC PRODUCTION! Great Play with a Great Moral! READ the BOOK SEE th~e PLAY ~rices - 25c., 50c., 75c., $1.00, $1.50 ae of Seats at Ne wberry Hardware Co. WHY DO THE BOYS LEAVE THE FARM? Make home attractive with a good piano or an organi. Nothing is so concucive as good music: and nothing will insp)ire your boys ;ud girls more to cherish home and invite their y*ounig friends to share their joys than music. We i1ave the SWEETEST TONED P1 ANoS AND ORGANS MADE, and at low prices and on easy terms. Write us at once for cataieg and for special terms. MALONE'S MUSiC HOUSE 1428 Main St. Columbia, S. C WINTER'S( Is upon us, and to E NJ O Y it snow, rain and cold D E Y, by ing, Furs, Sweaters, Mufflers, Scar forts, Woolen Underwear. We best bargains of these goods to be Ready-to-Wea Coat Suits. Separati The Correct New Models. TI things in Tailor-Made Suits that i materials and the shades are th ever purchased. Dress and wal Our Long Coats and Separate Sk that are becoming to every figur We Have a BeautifulLinei FURS! FURS! Furs are being so much more lavishly worh by the American ladies and by all classes of society that there is a great demand as well as a great change to be noticed in the fur market. We have purchased a handsome line of furs in sets or single pieces in the very latest in sable, ermine, natural fox and chin chilla. The furs we offer may be de pended upon in every feature of good service, style and fiiish. We would be pleased to have you call and examine them-Price - MUFFLERS ANDSCARFS When the toid and bitter winter Wind comes upon us there is nothing that will keep you from catching cold so easy as our Mufflers--because they give the best protection against cold--fit snugly about the throat, chest and shoulders -are full of style-and hold their shape and retain their stylish 25c to5c appearance. Prices from JC Our line of Scarfs are the prettiest we have ever shown. They are extra long and in all colors and sizes. 50c to$ Prices range from - - t~Ci LADIES' SWEATERS Keep out the cold with one of these Knit Coats. Just the thing when you need a light protection-they are knit to fit. They are made in many styles and colors-in all sizes and different lengths -from the fleeciest import ed wool-retailing from - Wool Vests & Union Suits We would call the attention of the ladies to our handsome and complete line of Woolen Vests and Union Suits. Lux urious warmth without the itchy feel velvety softness-perfect .in fit without binding or .chafing anywhere. Our un derwear is first of all solid comfort. This comfort idea starts with the yarn and is developed through every stage of knitting, proportioning, fitting and fin ishing. The result is complete comfort comfort in texture, comfort in shape, comfort in warmth-in short, absolute comfort. We are selling 75c to $ them very close, from - Suits for Children from Soc. to 75c. llosiery-Silk andl Lisles Did you say Hosiery ? Well you have but to visit Mower Co.'s store to find the most complete line in the city-in silk, cottoil and lisles, for women and children. The brands we carry-Cadet, Black Cat, and others for women, and the Fay and other good brands for chil dren-are too well known for their wear ing quality to need recommendation. Our Silk Hose are dreams of beauty, and very modest in price-5oc to $1-75. The House ( OLD BST day and night we must its wind, [aying in a supply of warm Cloth fs, Hosiery, Shoes, Blankets, Com call your attention to some of the found in the city of Newberry.' r Department dSkirs. Long Coats e new arrivals for this week in de a number of the cleverest we have ever seen made up. The e nobbiest and prettiest we have king Suits in the newest lengths. rts are of the latest ideas-styles )f Coats for the Little Tots. MINERY. EMlLNERY Style, Quality aid Price are the three things most essen tial in the selection of a hat. Our Hats have a commanding style, peerless beauty, queenly grace, are very exclusive and exceptionally becoming they satisfy the taste of the most fas tidious. Made -f sterling quality, ex pert workmanship-are made to fit the head perfectly and are sold at prices. within the reach of all. We have on hand at all times a select variety of shapes and models which we I invite public inspecti9~ DRESS GOODS The Mower Co. has been known for almost half a century for its quality of Dress Goods. Its stamp of soundness and worth is equal to the stamp of Uncle Sam on his gold dollars. Reliability is the chiefest aim one should have in mak ing their selection for their dress goods -as the quality is, so is its wear. Our line is complete in every detail. It comprises all the latest in weaves, fab rics and finish. You have but to turn to "dame fashion's dictates'' and come to Mower's and get just what is required in Silks, Woolens, a'~ i: the many new fabrics. Dry Goods, Domestics, EtC. When it comes to buying Dry Goods and Domestics we ask you to stop and think "just a minute"-coton is high, is the manufactured product of cotton sating in an air ship after it? We will answer that question for you if you will but quote our prices-we are satisfied you can not get these goods cheaper than at Mower's. We have a complete line of Calicoes, Ginghams, Percales, Flannels, Flanneletts, Outings. Sheet ing, and in fact any thing you may wish in dry goods or domestics. And remem ber tbe prices are as low as the lowest. Blakets and Comforts We have in stock a handsome line of~ Woolen Blankets. None bet- $ ter, none warmer, at from UO~ When you buy a Comfort be sure you get one that is not only a comfort in name, but a Comfort that has the com forting quality. To see our beautiful. line of comforts you will not be comfort able wit bout being comfortably snoozing un-der one of them. Shoes. Shoes. Shoes We carry the best line of Shoes in the city for men, women and children. They are Shoes that Fit, that Wear, that Last. Lace or button in the latest toes, lasts, and styles. Co., ~fReliability