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V V WHO THEY ARE Attireey-General Lyon Gives Nines ( Those Givei lmmooity. HIS REASONS FOR SAME In Response to Gov. Rlease's Ilequest for Certain Information Attorney General States That Atlanta law Firm Empowered Only to Offer Immunity. Giving tho list of those who were promised immunity, because of having either turned State's evidence or given certain evidence, or giving up certain information, a defence of the granting of immunity and much other interesting data that the general public had heretofore been unacquainted with. Attorney General J. Frazer Ly- | on Friday afternoon sent to Governo? Cole L. Mease a letter, in reply to the one sent to the Attorney General by Governor Illeasc on the day the dispensary commission was dismissed. The letter was "released for publication" by Governor Mease, upon Attorney General's Lyon's statement that the newspaper men would have to get permission of the Governor for tho letter to be published. The letter given out by Attorney General Lyon this afternoon is the first public statement he has made since the whole dispensary situation was revived by Governor Illease s calling for an investigation, except tMr. Lyon'8 request to the Legislature for an investigation. Upon other matters, Mr. Lyon has no statements to make at this time. Attorney General's Ia'tter. The following; is the letter in full: "Columbia, S. C., March 23, 1911. "Governor C. L. Rlease, Columbia, S. C.?Hear Sir: Replying to yon. letter of the 11th instant, I will say: "M. A. Goodman waa indicted by the grand jury of Richland county. Upon hlB giving me certain evidence Bhowing the guilt of former dispensary ollleials, and furnishing me information as to how other evidence of similar nature could be obtained, nol proB was, or will be in due time, entered upon indictments against him. "J. T. Early and J. B. Wylle testified as witnesses for the State in several cases. Their testimony has largely appeared in public prints. On account of this, 1 shall not press indictments against them and have agreed to institute no further proceedings against them in behalf of ihe State. "ilenry Samuels testified before the dispensary commission, and in the Criminal Court as a State's witness. I have, therefore, agreed to discontinue prosecution against him. "I. W. Rernheim and others were Indicted in Chester and It was agreed that he, as witness, should give bond In the sum of $5,000 or deposit, in lieu thereof $5,000 in cash, and if he shall not duly appear, the cash to be forfeited, otherwise to be turned over to the Stato dispensary commission. Five thousand dollars has been deposited with the Clerk of Court at Chester. "I. \V. Bernholm and B. Bernheim paid the State dispensary commission at one time $530,000, and at another $34 ,000, for overcharges on liquors sold the dispensary. Taking into consideration all the circumstances. I have agreed to nol pros as to I. W. Bernheim. "Upon indictments against D. Weiskopf nol pros will be entered, upon his testifying the truth, as a witness in behalf of the State, with reference to sale of large quantities of labels sold by Nivison Welskopf to the State dispons&ry. "J. S. Farnum was indicted, tried and acquitted. Thereafter, he pie id guilty and was fined $5,000. Upon other indictments against him nol pros was, or will be, entered. At to Col. Dudley. "C. W. Dudley, in addition to giving evidence to the State dispensary commission, testified in Chester in the case against John Black and others, as a State's witness, and 1 have agreed not to prosecute him. "B. M. Wilson has furnished information concerning certain transactions between the Richland Dlsti'Ierj Company and the former State dispensary and has agreed to testify in regard thereto, and I have agreed that I will not prosecute him for. or on account of, his connection with the transactions about which he testified. "G. IT. Charles gave information generally as to dispensary transactions; testified before tbe grand Jury in the case against H. H. Evans and was employed as a detective. On account of the above it was not my purpose to prosecute him, even though it should have been determined that an action would probably He against him. I am informed that Mr. Charles has recently died. "W. D. Roy testified as a witness for the State In the case against John Black, et al, and before the grand Jury, besides giving assistance in working up the cases. It is my purpose not to prosecute him. "I cannot recall anyone else who has agreed to turn State's evidence, or whom I have agreed not to prosecute. Rut if I find that any name l.as been in any manner overlooked, I will adviae you upon the ascertain meut thereof. I^cannot say definitely is but am of the Impression that among those whom I have agred not to pros- is ecute the following were Suggested by St Mr. Felder, sb persons who would m give evidence for the State In sucn ac actions as might be instituted: W. cr D. Roy, B. M. Wilson, D. Welekopff, tr T. T. Early, C. W. Dudley and M. A. Goodman. On His Own Responsibility. "I am unable to make the definite statement that Mr. Felder suggested that the persons above should not be te prosecuted, for the reason that I, as Attorney General, have exercised this power upon my own responsibility, and In accordance with my own judgv< ment. or J "Referring to that part of your let- ^ ter, which asks what civil actions were settled or compromised and the terms thereof, will say: That the civil actions instituted were in charse of Messrs. Anderson, Felder, Roun- ty tree and Wilson, Mr. W. F. Stevenson and Mr. B. L. Abney, Messrs. Ai>ney and Stevenson having active charge and management thereof. Mr. ^ Stevenson has furnished me the fol- ^ lowing list of civil actions, which ^ have been compromised. The actions were compromised for the payment of money, the amount of which Is stated opposite the names of the de- ^ fendants given below: Gallagher & Burton, 11 1,395.94 ; T.anahan & Sons, $14,083.46; Grab- C felder & Co., $15,297.17; RoskamGerstley Company, $3,066.37; Freld- ^ man-Keller Company, $1,585; MeyetPitts & Co., $3,437.50; Jack Crans- ^ ton Company, $S02.21; American Bonding Company, $500. "In several of the above cases the j defendants had presented claims {^ against the State, which were disallowed. Such amounts are in addition to the amount of moneys to s' which reference Is above made. ^ "The Act of 1910 authorized the s| dispensary commission to make set- IV tlement of such claims. ? Power to Offer Only. j "Answering your inquiry as to that part of the contract entered into be- (| tween the State dispensary commisslon and Anderson, Felder, Rountree ^ .and Wilson, wherein it is provided ^ that Anderson, Felder, Rountree and j Wilson are clothed with full j jwer, subject alone to the approval of the 'J Attorney General of the State, to offer any of the parties Involved Im- j munity from prosecution, will say: The power to offer immunity was ^ given this firm, but the power to grant immunity, that Is, to refuse to y prosecute, or, in case of indictment, to nol pros, was left as the law provides, in the discretion of the Attorney General. In view of this power . nf tllA 1 * ?' * w?. vmv nvi.vi uvj ucuci ai, mm pruvis- ^ Ion waa inaerted in the contract. Whether any peraon should not be y Indicted, or if indicted, should have ^ the indictment against him, remains so far as the contract la concerned, just as the law provides. "The policy of the State to allow v immunity under the circumstances j, may be fairly inferred from the Act of 1906, providing for the investlgation of the dispensary, wherein it' is ^ provided that no testimony given e> fr witnesses before the committee shall be used against them in a criminal ^ prosecution. This provision of law o) waa perpetuated and became a pan of the law under which the Stato dia- ^ penaary commission was created. _ Acts of 1907, page 835.) So it must u I follow, independently of the law glv- . ing such power to the Attorney General, that such of those whose names j, are mentioned above, who testified before the investigating committee, or the State dispensary commission. ^ practically have immunity under this Ac;: C .nnirm7 nas iMftrrciion. "But aside from the manifest poll- Si cy of the legislature, as contained in (< the above mentioned Act, the Attor- S< ney General has discretion as to C when, how and against whom to pro- I, ceed in criminal cases. He has the ai power to enter a nolle prosequi virtue of his office, independently of p< the Court. (Kncy. of Law, 23, pases b< 275 and 276. State vs. Howard, 15 di Rich Law, 27 4. State vs. McKee, 1 jr Bailey, 651). The rule Is laid down in the McKee case that the prosecut- v< ing officer may enter a nolle prosequi i, at any state of the proceeding until the jury are charged; but he cannot do so afterwards, not at least In case x of an indictment for a capital offence, n and if he is permitted to do so its ef- p feet is the acquittal of the prisoner. n The above rule is also recognized in 0) Arc.hbold's Criminal Practice, Vol- h time 1, page 317. f, "In Bishop on Criminal Procedure, second edition. Volume 1, Section S| 1,020, it is said: 'If the prosecutor n in the English practice wishes to ? make use of one of the defendants j, as a witness, the Court will permit a t< verdict of acquittal to he taken at once in his case, and thus he will be 0 rendered competent. In our own ^ States the ready method in such circumstances would ordinarily he for ( the prosecuting officer to enter a nol ' pros as to the defendant whose tes- ( tlmony he wished to use." "The following rule is laid down by II tsisnop, Volume 1, Section 1,076: 'In the United States, where prosecutions g are instiutod and carried on by a "j public prosecutor, who acts directly for the Oovernment and protects its interests, there is an evident propriety in considering it to be within the exclusive discretion of this officer to determine whether or not an accom- " plice should be permitted to turn ( State's evidence, as it is sometimes expressed with ns, and whether, if he does, he is afterward entitled to be no further prosecuted by reason of what thus done.' "It Is not easy to say what. In act, the practice on this point in all the ' ates. but it is believed that, in 1 oet of them, the prosecuting officer ts in such cases upon his own dis- . etion, which is little, if at all, con- ] oiled by the Courts. Authorities Cited. "That the discretion Is reposed In ' le prosecuting officer independently ' ' the Court in this State is shown in le McKee case and others hereinafr referred to. In the case of Rug's vs. Hill. 22 R. I., page 498. It is " ild: "The practice of entering a ' >lle prosequi to informations is >ry ancient, but to Indictments it be?n in the latter end of the reign of harles II.' It is further said in this ise that "there are three periods of ' ,..wovvui>uu 111 nlllLII a nunc pruot*ll may be entered, before a jury is npanelled, while the case is before le jury and after the verdict, in i? first, it is perfectly clear that a >1 pros may be entered at the pleasre of the prosecuting officer; such the constant practice. It may be lat the Indictment is defective, and e may wish to procure another; he ay discover that the evidence will ' irn out indifferently from what he cpected and he may wish to vary le charge to make it conform to the roof, or he may have good r^aeon >r not wishing to prosecute at all. " 'There may be Innumerable causi for discontinuing the prosecution. II of which he may judge upon his [ficlal responsibility. In many cases le discontinuance may operate to le prejudice of the defendant, but ever to the injury of his legai ghts. It is not to be presumed that lis officer will violate his duty or rt oppressively.* And it is further \id in the case that he exercises that ower wholly upon his official reIKinsibility, without the advice or ermission of the Court. "In the case of the State vs. homas, 75 S. C., 479-480, the rule l the McKee case as to the power ? enter a nolle prosequi is reaffirmed. w the case of the State vs. Cardoza, 1 S. C., 197, it appears that Richard t. Cleaves, Samuel J. Lee, Josephus Woodruff, A. O. Jones and Francis i. Cardoza were indicted for conspirry. The Attorney General, the Hon. as. Conner, called this case for trial nd entered a nolle proseque as to le defendants. Samuel J. Lee Josphus Woodruff and A. O. Jones; ichard H. Gleaves not having been rrested, the trial proceeding against rancis Cardoza alone. (See Page 01.) It appears from the cr.se as ?corded that Gleaves, Woodruff and unes were uaea as state's witnesses. will also be noted with interest tat three of my most distinguished redecessors in ofllce, the Hon. Leroy oumans, the Hon. James Conner and ?e Hon. C. R. Miles appeared as at>rneys for the State. During Reconstruction. "The following quotation from 'A oice from South Carolina,' Iceland, irown an interesting light upon the raetice of the prosecuting attorney i this State granting immunity. It in reference to prosections for auds committed during the lteconruction: "More than thirty true ills have been found by grand juries ' Richland County, not very much tried In their character, and coverig a long list of names. Sometimes 'f re or six names would be embraced nder the same indictment and somemes the same name would be found iveral times repeated. For instance, le name of Cardoza will be found 1 nine separate indictments. " 'With this explanation, only the ' illowing names can now be found on * le docket: H. H. Kimpton, D. H. h?ml?erl?In R v r \m . G. Parker, F. L. Cardoza, Robert malls. J. L. Neigle, F. S. Jacobs. Solomons Rank). R. F. Whlttemore, ilomon L. Hoge, Y. J. Powers, Thos. ' . Dunn, R. H. Cleaves, Samuel J. ee. Josephus Woodruff, A. O. Jones id L. Cass Carpenter. " 'Of these, Parker, L?. Cass Car?nter. Cardoza and Smalls have pen tried and convicted on one inIctment each; so far, the other crim- " ials have not been accessible. " 'Immunity has been granted to pry many, mostly members of the egislature. as in the seventy-five (amined In Patterson's case. In othr cases, as Woodruff's. Jones . ash's and some others, promises 01 pstitntion were exacted and comlied with, and thus the State was ?lieved of a large amount of indebtIness by the surrender of papers, low much, if any, money was reinded, has never come to light.' "On page 228 of this book it is :ated that N. G. Parker was tried nd convicted in the summer of 1S7.">. nder an indictment of larceny and reach of trust with fraudulent in?nt; escaped from jail, was recapured and finally pardoned for that ffenee, on the promise to tell all he new. "I have qdoted at length from the hove alithoritles, in order that it lay appear that it has always been ne law and tne practice in this State r the prosecuting officer to deterline who should, and who should ot be prosecuted, and whom he hould allow to become State's evllence. "Yours very truly, (Signed) "J. Frazer Lyon, "Attorney General." L. M. G. 'ahhftgo I'UnU?65c thousand, for balance this season; oldest grower here; Flshel White Rock eggs. $1 per 13, from beautiful hlrds. Thoa. I W. Blltch, Young's Island, S. C. 1 CLASSIFIED COLUMN For Hale? Pure King Cotton Seed at Poultry Yard, Darlington. S. 8. For Sale?Pure King Cotton Seed at $1.00 per busI.eL Address, J. J. Llttlejohn, Jon ?rlll?w K C. Money Maker Cotton Improved and selected by T. J. Klrven is the best. Seed at $1 per bushel. T. J. Klrven. Providence, S. C. For Sale?1,800 acres fine farm land near Macon, Qa., for less than $15 per acre. Address J. Li. Bragdon, Sumter, 6. C. Buff Wyndottes; S. C. White and Buff Leghorns, Stock and eggs at bargain prices also O. I. C. hogs, W. E. Carroll, Normandy, Tenn., Route No. 1. For Sale?Jig 8aw, cost $90.00, will sell for $40.00. Six inch Moulder, cost $300.00, will sell for $140.00. Best condition. J. H. Cole, Randleman, N. C. For Quick Sale?Six million feet fine unbled long leaf timber. Prices and terms right to party meaning business. McCallum Realty Co., Sumter, S. C. For Sale?6. C. R. I. Reds, White and Rrown Leghorns, Black Langshang, Plymouth Rocks. Eggs for setting, 15 for $1. M. B. Grant, Darlington, S. C. Eggs in incubator lots or single sittings from S. C. Reds, $1.50 per 15; $8.00 per hundred. Nice cockerels. $2.00 each. Eugenia Hammond. North Augusta, S. C. Hustling Agents wanted to sell accessory Indispensable to all automobile owners; very liberal te mis. Write for particulars. Ilenszev. Box 542, Troy, N. Y. For Solo?On account of consolidation, will sell large or small Steel Screw Door Manganese Bank Safe, also Vault Doors. Best condition. The Peoples Bank, Randleman, N. C. For Sole?Barred Rocks, White and ..Silver Laced Wyandotte that are strong, healthy, vigorous and good layers. Eggs $1.50 per setting; fertility guaranteed. H. A. Preacher, Brunson, S. C. Shave Yourself with our Danish Double Sheur Steel hand ground and honed razor. Fully guaranteed for two years. Price $1.00. Money (back if not entirely satisfactory. Brown & Rightmire, Phoen'xville, Pa. For Sale?S. C. White and Brown Leghorn eggs, 15 for $1. Hatch satisfactory or money refunded, drey's Leghorn Farm, R. F. D. No. 1, Darlington, S. C. Collect Direct. Send accounts to expert collector in home-town of man who owes von free. Creditors Supplies Co., Hock Street, Newark, Ohio. rhe Little Tell Tale which tells the Truth. A complete egg record of the day, the week, the month, and the year. Price 10c. Address, Mrs. M. B. Roberts, Dade City, Fla. jirl or Woman?each locality, good pay made acting as representative, address envelopes, fold, mall circulars, material, stamps, furnished free. Rex Mailing Agency. London, Ontario. For Hale?-Whippoorwlll Peas, $2.25 per bushel: Clay Mixed Peas, $2.10 per bushel; Ripper Mixed Peas, $2.10 per bushel. Write for prices in large quantities. F. A. Bush Co.. Preston, Ga. ' Dropsy C ire<l?Shortness of breatn relieved 'n 3 6 to 48 hours. Reduces swelling in 15 to 20 day J. Call or write Collum Dropsy Remedy Company, Dept. O 512 Austell Bldg., Atlanta Ga. l>ohl>s' Single Comb Rhode Island' Reds and "Crystal" White Orpingtons win and lay when others fall, stock and eggs for sale. Send for mating list. G. A. Dobbs, Box B. 24. Gainesville, Ga. Wanted?Men and ladies to take three months practical course. Kxpert management. High salaried positions guaranteed. Write for catalogue now. Charlotte Talegraph School, Charlotte, N. C. Wanted?Men to take thirty days' practical course in our machine shops and learn automobile business. Positions secured graduates, $25 per week and up. Charlotte Auto School, Charlotte, N. C. Wanted?Bookkeepers, stenographers, clerks, write us if desiring employment. We place compotent business help and aro not able to supply demand. Carolina Audit & System Co., Skyscraper, Columbia, S. C. Good Live Agents wanted In every town tc sell a meritorious line of medicines extensively advertised and used by ever family and In the stable. An exceptional opportunity for the right parties to LEE'S HEADAC1 NEURALG1 Safely Surely Cures Headache and Neuralgia no ous testimonials on file In our office bet Read the following: I have been a constant sufferer fr< could not get any relief until it had ru I tried Lee's Headache and Neuralgia Rt lief. I heartily endorse It as the best thi (Signed) H. A Sold flTfiPTwhara or- J r* , ? . .tw 4.uw ouu owe. nai B urwell & Dunn Co NOAH'S UNIMENT give, rel and Muscle Ache, and Pain. 1 other remedy known. IT 1 triple strength and a powei PAIN REMEDY. Sold by all 25c per bottle and money bi WHAT OTHE1 Cured of RheumatUm Cu "I had been sutlerlng with rheumatism for " I three yearn. Have been using Noah's Uni- and meat, and will suv that It cured mo coin- Noa pletely. Can walk better than I have In two mar years. Rev. S. E. Cyrus, Donald, S. C " Rlcl For Cuts and Bruises Stil "While working at my trado (Iron work) 1 "I get bruised and cut frequently .and I find that mat Noah's Liniment takes all tne soreness out say and heals the wound Immediately. Edward dy. Ryan, Swansboro, Va." Bror Rheumatism in Neck ?* "I received the bottle of Noah's Liniment, and and think It has helped mo grently. I hnvo conl rheumatism In mv nock and It relieved It Noa right much. Mrs. Martha A. Lambert, Boa- laid ver Dam. Va." and Whl Pains in the Back " I suffered ten years vdth a dreadfully Be sore pain In my hack, and tried different re- "I medics. I/ess than half a bottle of Noah's suit Lhsimant made a perfect cure. Mrs. Itev. J. m rem D. 1)111 liigsloy, Point Eastern, Va." and a make good money. Write at once bi for proposition to L. B. Martin. lb Bo* 110, Richmond, Va. N $ When Medicines Fail, will take your el case. Diseases of Stomach, Bow- gl els, Kidneys, Liver. Lungs and de- M billty (either eex) permanently m eradicated by Natural Methods. Interesting literature free. C. Cui- War len Howerton, Durham, N. C. ct tl Reds, Both Combs?First winneis D at the greatest shows in the United ai States. 1st cockerel in class. 127 L Reds, Silver cup for best cockerel, ti in show. Medal for best cockerel M of all breeds, 1910, Tennessee and "< Indiana State fairs. Catalogue. b< i.VIrs. Emily Gibson, Portland, Tenn. fc 81 Iwiney's Improved Cotton Seed?Plant the best. Won first prize from Soul Planters' Phosphate Company, ot ai Charleston. S. C., and State Fair ti Association for largest yield. Small b variety, very early. 4 0 per cent ir lint. $1.00 per bu.; 10 bu., 90c. o R. B. Laney, Rt. 1, Cheraw, S. C. a t< Seven per cent prime cotton seed tl meal, car load fifteen ton minimum n car at $2r>.f>0 per ton car Augusta, R $26.00 Savannah or Charleston. c Above any quantity from one to ti twenty cars. Let us quote you a hulls delivered your station. The v Flash Hunter Com. Co., Atlanta, t< Oa. 1 ti For Sale?120 bushels Iron Pen? nt n $2.50 per bushel, 200 bushels 1 Cleveland Rig Roll Cotton Seed be- C ins best of seven different varieties p by test for two years by me, and S free from disease, therefore I have r abandoned all other short stablee, ti also 30 bushels Long Staple left, o sole lint at 20c. Dec. 23, good and c bad. all delivered F. O. R. New- $ berry, 9. C., at $1.00 per bu. J. b L. Mayer, Newberry, S. C. ?' H If you want more money for your t cotton crop, plant "Acme Upland C Long Staple. Very productive b HE AND IA REMEDY. Speedily matter what the cause. Nuroerir us out lu this statement. ^ am headache for 12 years and n its course or take morphine. >medy and found permanent rent? I have ever tried. ,. GANDY, Hartsvllle. S. 0. inufactured by > Charlotte, N. C. ief for all Nerve, Bone more quickly than any PENETRATES?It is rful, speedy and sure dealers in medicine at ick if not satisfactory RS SAY! red of Neuralgia 'or Ave years I suffered with neuralgia pain In side. Could not sleep. I tried h'? Liniment, and the first application Ic me feel better. Mrs. Martha A. See, hmond.Va " ft Joint* and Backache* have used Noah'* Liniment for rhetlIsm, stiff Joints and backache, and I can It did me more Rood than any pain remeRev Oeorgo W. Smith, Abbcvllo, S. C." tchitls and Asthma fy son has been suffering with bronchitis asthma und a very bad cough. Was Inftl tnhU hfvt fsnmnnnfi nvvimmnn.Ut h'? Liniment. and I rubbed hit chest and t with It and gave him six drops on sugar, he was relieved Immediately. Mrs. A. L, tinker, 613 Holly Street, Richmond, Va.'* tter Than $5.00 Remedies Ve have obtained as good If not better reft from Noah'* Liniment than we did from odles costing $r>00 per bottle. Norfolk I'ort jmouth Transfer Co., Norlolk, Va.^ iperlor staple. Two balee (1023 >s) this variety sold in Boston, ov., 1910, for $281.32. Seed 1.50 per bushel, 10 or more bushs, $1.25. Address A. M. Hugins, Lamar, 3. C. Reference: erchants & Planters Rank, Laar, S. C. ited?Kvery man. woman and llld In South Carolina to know lat the "Alco" brand of SaRh. oors and Blinds are the best and e made only by the Augusta umber Company, who manufacire everything In Lumber and illwork and whose watchword ia Quality." White Augusta Lurasr Company, Augusta. Oeorgia, >r prices on any order, large or nail. t Invest Cieorgia Bargains?1345 res of good farming land about vo hundred acres in cultivation alanre. exrentln?r nhnnt 7* nr*me i lake, easily put In cultivation nly four miles from Hainbridge, hustling town of 6,000, and luched by one of the counties fino hirtv foot roads and only two lilos from main line ?f A. C. L. L Ft. The soil is sandy loam with lay ranging from three to twelve iches of top and will produce bundantly, when properly cultiated. Wrapper Tobacco, Corn, CotMi. Sugar Cane, Velvet lleans, 'eas. Peanuts, Irish and Sweet boil t oes. Turnips, Cabbage, or allost any kind of garden truck, 'caches, Plums, Crapes, Melons, antalopes and almost any of the roducts of a Southern climate, outhwest Georgia is making more apid advances than any other secion of the entire South and Inaido f two years no land can be purhased in this country for less than 25.00 to $50.00 per acre. $8,00f> uys this 13 45 acre tract or will ell desired amount at $7.00 pep ere. netter act quick fcrr this is he greatest burgaiu in Southwest ieoruia. T. A. Ausley & Co., Ualaridge, Ga.