Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

LYON 31AlES REPLY TO BLEASE. f p Sends" Statement on Black Case to v Legislature-Answers Blease's n Questions and Asks Some o Himself. fl V Columbia, ":eb. i.- -At:orney Gen- a eral J. Fraser Lyon tonight sent to the general assembly his reply to Governor Blease's .statement to the senate, tranvmitted to that body lastLi b night, in defence of his pardoning of, C John Black, who was convicted of conspiracy to defraud the State ine connection with old dispensary affairs. The governor's statement was pub- c, lished in the press some time ago, butI b the attorney general took no notice o of it at the time, as it was not official. h The official statement was sent to o the senate last night and received as I information by that body, and the fol- tl lowing is Attorney General Lyon's re- p ply: 1 Attorney General's Statement. p, "To the General Assembly of the tl state of South Carolina: In view of tl the reasons assigned by the governor i for granting a full pardon to John f Black, I deem it proper to further re- a; port to your honorable body upon this t< ease. My attention was called to the ti reasons assigned since my annual re port was delivered to the printer. In-1 I asmuch as the governor, in attempting justification for exercising executive clemency to John Black, convicted by c< a jury of Chester county for conspir- ti ing to defraud the State, undertakes b: to reflect upon me as an affiocer, as!s] well as personally, I deem it proper w to submit this, an additional report, Y in order that your records may carry sf a correction of these statements and e: insinuations of the governor, which b; have no foundation in fact. In one a1 sentence of the governor's report he says: T Quotes Blease. C 'After reading caref':lly the testi- is mony given in this -case and the h charge delivered by the attorney pre- tE aiding as special judge, in my opinion cl John Black should have been acquit- p ted," and in another, "if the jury had fi convicted all I would not have inter- d fered." t] "If both of these statements are ' true, the governor would have* allow ed three to be unjustly punished. Still, he was not willing to see only one un- ce justly punished. Directing your at- t tention to these two statements R which are manifestly irreconcilableE with justice, may be considered suffi- ti eient to show the real character of t all the reasons assigned. But I think a: it well to further inform your honor- tp able body upon this subject, after a: stating the fact that the evidence 11 against Black was decidedly stronger C than against the other two defendants, n with whom he was tried, because the! d! checks which he received in consum-! ir mation of the supremacy to defraud a: the State, one of which was for $5,- hi 000, with his signature thereon, were ti in evidence and contradicted, as well t as the bank notes, which showed the actual receipt of the graft money. Fine Substituted. "The governor says that Black was jb not permitted or given the opportunity o: of paying a fine, .and this is true, so~ ti far as the action of the court was con- B cerned, but under the sonstitution the f< governor is given authority to substi- t tute a fine for imprisonment and he l did so in this very case against Black, Ia substituting a fine of $2,000 instead'of Y imprisonment in the penitentiary, but a: -inalIy a full pardon was grantzd. Hasc the governor over-looked his own act I' in this case? t "The statement that 'notwithstand-- ci ing the immunity for pitiful sums, I given to those foreigners, who havec sworn in public court that they had bribed and robbed the taxpayers of! -South Carolina out of hundreds of tc thousands of dollars, the money was tc given back to thema and all of it in P the name of the State of South Caro- 1 1hrs is untrue in so far that it states e' that money was paid for immunity and fE the money paid back, and the gover nor can not offer any evidence to sub sta,ntiate the truth of this statement. a. Declares it Untrue.f "It is likewise untrue that prejudic- b ed political and personal enemies at-s tempted to heap humiliation on this P man, and while the governor may be1 a satisfied that, because of a .personallo difficulty with one of the State offi- i ers of this State, this man was made S a scapegoat of the entire dispensary e regime,' this statement is also with- t out color of truth. "The governor says: "Somebody s must be punis? ed to save some peo- s ple's political reputation; a convic- s tion must be had; who shall it be? Of .course, the man who cursed the learn- r ed attorney general to his face upon t the street, and it was not personally t resented.' No person of reasonable a fair mind will believe that a jury of a 12 men of Chester, with whom I was j - esnally acnuainted, would wil-' f illy perjure themselves to gratify any J ersonal ill will I may have had to -ard this defendant, and in this con ection I will say that I am conscious f no personal ill will towards the de )ndant, as I have never, under any ircumstances, had a personal trans ction with him. Recalls Black's Threats. V "It is true that the defendant, while i was performing my duty as a mem er of the legislative investigation t ommittee, did, while in company with c ne whom I have since been inform-' d, is a brother, threaten and offer to t o me personal violence because his i :nduct as a dispensary official was i eing probed, and that he did on that ccasion use language which would ave been offensive had it come from t e not similarly circumstanced. Still, t have never thought it necessary for ie defence of my honor to engage in tysical encounters with any of those ho were offended by reason of ex- t :sure, or impending exposure, - trough my activities in investigating " teir conduct as dispensary officials. is probable that this de ndant, together with many, if not 1, dispensary grafters, bear ill will wards me, still I am confident that te law-abiding people of the State il esteem me no less for the enemies have made. Not Transferred to Chester. "The governor asks: "Why was the se transferred to Chester; why left iere, why was it not tried in Colum a, or in the same circuit, at Ker iaw, or if it must be the 6th circuit, hy not at Lancaster or Fairfield, qr ork, why was it absolutely neces try to go to Chester; why was it nec ;sary to try it at that particular court y a specially picked and appointed :torney to preside?" "This contains an untrue statement he case was not transferred to hester.' It was commenced there or ;inally. It was not brought in Co imbia, because one jury had acquit d Farnum, on substantially the same iarge and evidence to which he leaded guilty after his acquittal. And, irther, another jury had one of the ispensary graft cases withdrawn by iC ie judge, because his instructions t ere disregarded. "Other Reasons," Also- a "Other reasons which are not sur'- e ptible of proof induced the wish to I 7 the case in a county other than 9 ichland. The case was not tried int lershaw for the very good reason that jn e Kershaw court had no jurisdiction try it, there being no evidence that J ay part of the offence was commit- e d in that county. The same is true " to Lancaster, Fairfield and York. was necessary to try the case in hester because the crime was cam itted there and that court had juris iction. If for any reason conditions tChester were such that the defend at could have not a fair trial there, e had the right to move the court to ansfer the case to some other coun- 0 r in the circuit, but no such motion e 'as made or suggested. Defense Asked Delay. a "The case would have been tried! fore Judge Shipp, at the June term the Chester court, but for the mo- 12 on to continue made on behal1f of! b lack, which resulted in the trial be- 0 re Judge Moore, in November. Cer- t inly, these are matters of which at wyer of great experience in crimin-t cases should be aware. If Judge t oore was an especially picked and ppointed attorney to preside in this d tse, it was without my knowledge. believe Judge Moore was appointed preside over the courts of that cir lt solely for his ability and integ ty and without reference to .dlack'st tse. I ahl also of the opinion that s charge and rulings in this case 'I ere without error and perfectly fair a the defendant, otherwise the appeal ~ the supreme court would have been ,. ~rfected and the errors, if any, cor eted. The governor's pardon, how-. I rer, intervened and relieved the de-t ndant from further annoyance. I Law Enows no Caste. a "If it be true that Black is of ex ted lineage, of highi and aristocratic5 mily, and that he has been honorel r the people of his community, this A iould not render him immune from inishment for defrauding the State, d he should suffer just as a plain, linary person in like cases offend- a ig. Indeed, it is my view that heif aould be held to a more rigid ac >unLt by reason of the possession of iese advantages. "The governor further asks: 'Why b.ould he (Black) be kept for theJ laughter, when foreigners, from out ide of the State, who came into the tate, were turned loose and given im iunity, notwithstanding the fact that bey admitted that they had attempted bribe, and did bribe, State officers, nd notwithstanding the fa.ct that in .11 trials upon such testimony the uies have heretofore acquitted, or .n d o agree, exept in the ease of ohn Black?' Reasons for Immunity. "Persons outside of the State were ;iven immunity because they gave evi ence of the briberies and conspira ies, because they could not sell their iquors without paying the officers of he State rebates o: bribe money, hich was demanded of them, and ecause they w"ere not officers of the tate, who had taken oath t,o ieep a rust reposed in them. The officers f the State, as far as possible, were rosecuted, because they had betrayed he trust reposed in them by defraud ag the people of the State, whose Zterests they were specially commis ion<d to protect. "I do not de:-m it n-cessary to refer all of the misleading statements of he governor with reference to this! ase. Still, I think your honorable ody should have this information, in rder that you may not be misled by .e governor's statemnent." Wood's Seeds For 1912. Our New Descriptive Catalog is fully up-to-date, and tells all about the. best Garden and Farm Seeds. Every farmer and gardener should have a copy of this cata log, which has long been recQg nized as a standard authority, for the full and complete infor mation which it gives. * We are headquarters for Grass and Clover Seeds, Seed Potatoes, Seed Oats, Cow Peas, Soja Beansand all Farm Seeds. Wood's Descriptive Catalog mailed free on request. Write for it. T. W. WOOD & SONS, Seedsmen, - Richmond, Yae. Attacks School PrincipaL A severe attack on school principal, I has. B. Allen, of Sylvauia. Ga., is chue Ad by him. "For more than three ears.." he writes. "I suffered indeacri able torture from rheumatism. liver d stomach trouble and diseased kid eys. All remedies failed ;,il I used: VILLIAMS' KIDNEY PILLS Hav~e you overworked your nervous sys im and caused trouble with your kid bys and bIldder?. Have you pains in ins, side, baciK and bladder? Have yc,u flabby appearance of the face, and un er the eyes? A frequent desire to pass rine? If so, Williams' Kidney Pvills will re you-Druggist, Price 50c. 1'LAMS MAFG. CO.. P?.,~ C(en1and.Ohio WM. E. PELHAM[ & SON.' TATE OF SOUTH CilROLINA,I COUNTY OF NEWBERRY. By Frank M. Schumpert, Esquire, robatie Judge. WHEREAS, George D. F. Lyles hath iade suit to me to grant him letters f administration of the estate of and fects of Carrie Lyles, THESE ARE THEREFORE to cite nd admonish all an'd singular the kin red and creditors of the said Carrie yles, deceased, that they be and ap ear before me, in the Court of Pro ate, to be held at Newberry, S. C., a the 15th day of February, next af 3r publication thereof, at 11 o'clock in re forenoon, to show cause, if any ey have, why the said administra on should not be granted. GIVEN under my hand, this 29th ay of January, Anno Domini, 1912. Frank M. Schumpert, J. P. N. C. Kills a Murderer. A merciless murderer is Appendici s with many victims, but Dr. King's ew Life Pills kill it by prevention. 'hey gently stimulate stomach, liver nd bowels, preventing that clogging 1at invites appendicitis, curing con ipation, headache. billiousness. lills. 2he. at W. E. Pelham's, lectric Bitters, but four bottles of ls wonderful remedy cured me comn letely." Such results are common. 'housands bless them for curing stom ch trouble, female complaints, kid- - ey disorders, billiousness, and for ew health and vigor. Try them. Only Dc. at W. E. Pelham's. .SSESSUENT OF PERSONAL PROP-I EETY FOR FISCAL TEAR 1912. I, or an autNorize,J agent, will bem t the following places r.amed below r the purpose of taking returns of ersonal property for fiscal year 1912: Newberry, January 1 to 9, inclusive. Kinard, Wednesday, January 10. C Whitmire, Thursday and Friday, anuary 11 and 12. aft< Jolly Street, Monday, January 15. cer Pomaria, Tuesday, January 16. fr Walton, Wednesday, January 17. the Glymphville, Thursday, January 18. '] Maybinton, Friday, January 19. ed Prosperity, Monday and Tuesday, gas anuary 22 and 23. cor ,Lttle Mountain, Wednesday, Janu- '] ry 24. ' fift OvNe..n Tm.radar Annr 25 . to WVe Pay Four Per Cent 1nterest In PO OUR Copyri 1909. by C NO BETI than with the l your boy in ti by opening a sa him. We soli< Will always treatment. "The Bank 7hatAl Capital Stock, Jas. Mcintosh, President onarc Isible - 2 Th2~0I~(R COMPA 2 Monai SEND FOR MON Learn the many reasons for Monarch s onvinced that Mouarch merit rests in ell you about it. MONTHL' onarch machines may be purchased c will bring full information. THE STAT] Columbia, 5 .Lukes, Friday, January 26. I>ug~ not rturT igshores, Monday, January 29. Inot be considerm rlerstreet, Tuedday, .lanuary 30. of the courts of hppells, Wednesday, January 31. All male pers' n at Newberry until February 20, ->f 21 and 60 yE ~which date a penalty of 50 per poll tax, except .will be added against all persons, or those persom sor corporations failing to make a support from rreturns. from anly other 'h law requires a tax to be charg. Nothing but p on all moneys, notes and mort. be assessed this e, also an income tax on gross in.. wh~o hav bougb s in excess of $2,500. 'tate since la.st r 're shall be a capitation tax of note sneh trans cents on all dogs, the proceeds for 1912 TWIG BENT,SO sa IL TKE['S MIN[LEDg ww" AN Depart ACCOUNT BOY TODAY ment E. Zimmerman Co.--No. 28 [ER TIME 1ew Year to start 1e right direction vings account for :it your business. eceive courtious vays Has The Money" Savings Bank . - $50,000.00 J. E. Norwood, Cashier "NO THRE O'CLOCK FATIGUE" The quiet, unruffled, selfish ope rator, whose work is -always. on time-the one who shows no trace of "nerves" at the end of her dayI9s 1 work-finds in one of the exclusive. features of the Monarch Typewriter her greatest aid to promptness and assurance against "3 o'clock -fa tigue." That feature is hLight rCh Touch ARCH LITERATURE. uperiority. Then try the Monarch, and be Lhe machine itself, not merely in what we ( PAYMENTS n the Monthly Payment Plan. A post card 4 . E COMPANY uth Carolina. ed for taxation shall its true value," which is construed t d as property in any; mean "the sum of money for which this state. such property, under ordinary ci ns between the ages' cumstances, would sell for cash." ars are liable to pay Pleae -do not ask that your prop Confederate soldiers, erty be taken from the auditor's du incapable of earning plica?te the same as last return, for being maimed or' the law requires that all property cause. must be listed on regular tax return 3rsonal property is to blaLuk ap.d signed and sworn to by year, but all persons person listing same. or sold any real es- Newberry, S. C. etun are required to Name of township and school dis ers on their returns ic. must be giv'en on every return. EUG. S. WERTS.