The Horry herald. (Conway, S.C.) 1886-1923, March 30, 1911, Image 4

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WHO THEY ARE Attoroej-Gioeral Lyon Gives Names of Those Gifeo Immunity. i ? HIS REASONS FOR SAME V " In Itesponse to Gov. Mease's Request for Certain Information Attorney j General States Tliat Atlanta Law Firm Kmpowered Only to Offer Immunity. Giving the list of those who were promised Immunity, because of having, either turned State's evidence or giyen certain evidence, or giving up certain information, a defence of the granting of immunity and much other lhteresting data that the general public had heretofore been unacquainted , with. Attorney General J. Frazer Lyon Friday afternoon sent to Governo* Cole L. Blesse a letter, in reply to the one sent to the Attorney General by Governor Mease 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 the letter to be published. i The letter given out by Attorney General Lyon this afternoon is the first public statement he has made < since the whole dispensary situation i was revivod by Governor Mease s ] calling for an investigation, except ' IM f I.vrm'a rnniipyf tn thn I .oir i?l fit II re for an investigation. Upon other matters, Mr. Lyon has no statements to < make at this time. 1 Attorney General's Letter. The following is the letter in full: 4 Columbia, S. C., March 23, 1911. } "Governor C. L. Blease, Columbia, | 3. C.?Dear Sir: Replying to you. < letter of the 1 4t.h instant, I will say: , ''M. A. Goodman was indicted by < fit the grand jury of Richland county. 1 Upon his giving me certain evidence < showing the guilt of former dispen- , sary officials, and furnishing me in- f formation as to how other evidence of j similar nature could be obtained, nol r pros was, or will be in due time, en- f tered upon indictments against him. ^ "J. T. Early and J. B. Wylie testi- j fled as witnesses for the State in eev- t eral cases. Their testimony has iarge- v ly appeared in public prints. On ac' E count of this, I shall not preso in- c dictments against them and have j agreed to institute no further pro- \ ceedings against them in behalf ot i] the State. t "Henry Samuels testified before the s /dispensary commission, and in the j, /(Srttninal Court as a State's witness. I have, therefore, agreed to discon- jj stinue prosecution against him. n "I. W. Bernheim and others were 0 indicted in Chester and it was agreed ti (that he, as witness, should give bond p In the Sum of $5,000 or deposit, in w lien thereof $5,000 in cash, and if he b< shall not duly appear, the cash to be p forfeited, otherwise to be turned over w to the State dispensary commission, ol Five thousand dollars has been de- p< posited with the Clerk of Court at a ^heBter. fc "I. W. Bernheim and B. Bernheim in aid the State dispensary commission cm t one time $53 0,000, and at another ai 3 4,000, for overchargevS on liquors b( sold the dispensary. Taking into 01 consideration all the circumstances, I pi have agreed to nol pros as to I. W. A Bernheim. "Upon indictments against D. Welskopf nol pros will be entered, upon C) his testifying the truth, as a witness ^ In behalf of the State, with reference n, to sale of large quantities of labels w sold by Nivison Weiskopf to the State ce dispensary. p( "J. (S. Farnura was indicted, tried vj and acquitted. Thereafter, lie plead guilty and was fined $5,000. Upon other indictments against him nol ^ pros was, or will be, entered. U At to Col. Dudley. "C. W. Dudley, in addition to giv- in fng evidence to the State dispensary ai commission, testified in Chester in tl the case against John Black and oth- d< ars, as a (State's witness, and I have ol agreed not to prosecute him. ai "B. M. Wilson has furnished infor- ft mation concerning certain transac- T tions between the Richland Distl'leo A Oompany and the former State dis- u pensary and has agreed to testify in regard thereto, and I have agreed s( that I will not prosecute him for, or l on account of, his connection with ii the transactions ahout which he tes- n tified. a: "G. H. Charles gave informal ion v generally as to dispensary transac- o tions; testified before tho grand jury r< in the case against H. If. Evans and S was employed as a detective. On ac- c count of the above it was not my pur- tl pose to prosecute him, even though it p should have been determined that an t! action would probably lie against him. I am informed that Mr. Charles l1 has recently died. t "W. D. Roy testified as a witness a for the State In the case against John p Black, et al, and before the grand f< Jury, besides giving assistance In li .. working up the cases. It is my pur- e rose not to prosecute him. e oannot recall anyone else who d ? hdT agreed to turn State's evidence, p or whom I have agreed not to prose- s cute. But If I find that any name Las e kbeen In any manner overlooked, I d will advise you upon the ascertain- f ment thereof. I cannot say definitely but am of the impression that among those whom I have agred not to prosecute the following were suggested by Mr. Felder, as persons who would give evidence for the State in sucn actions as might be instituted: W. D. Roy, B. M. Wilson, D. Weiskopff, T. T. Early, C. W. Dudley and M. A. Goodman. On Ills Own Responsibility. "I am unable to make the definite statement that Mr. Felder suggested that the persons above should not be prosecuted, for the reason that I, as Attorney General, have exercised this power upon my own responsibility, and in accordance with my own judgment. "Referring to that part of your letter, which asks what civil actions were settled or compromised and the terms thereof, will say: That the civil actions instituted were iu charge of Messrs. Anderson, Felder, Rountroe and Wilson, Mr. W. F. Stevenson and Mr. B. L. Abney, 'Messrs. Aoney and Stevenson having active charge and management thereof. Mr. Stevenson has furnished me the following 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 defendants pivon halnwr Gallagher & Burton, $11,395.94; r.,anahan & Sons, $14,083.46; GraDfelder & Co., $15,297.17; RoskamGerstley Company, $3,066.37; Freidman-Keiler Company, $1,585; MeyoiPitts & Co., $3,437.50; Jack Cranston Company, $802.21; American Bonding Company, $5 00. "Tn several of the above cases the defendants had presented claims against the State, which were disallowed. Such amounts are in addition to the amount of moneys to which reference is above made. "The Act of 1910 authorized the dispensary commission to make settlement of such claims. l'mvfi' Ut Offpr Onlv. "Answering your inquiry as to that part of the contract entered into between the State dispensary commission and Anderson, Felder, Rountree and Wilson, wherein it is provided hat Anderson, Felder, Rountree and Wilson are clothed with full power, subject alone to the approval of the \ttorney General of the State, to of'er any of the parties involved imnunity from prosecution, will say: rhe power to offer immunity was jiven this firm, but the power to ;rant immunity, that is, to refuse to prosecute, or, in case of indictment, o nol pros, was left as the law prorIdes, in the discretion of the Attoriey General. In view of this power >f the Attorney General, this provis011 was inserted in the contract. Vhether any person should not be ndicted, or if indicted, should have he indictment against him, remains o far as the contract is concerned, ust as the law provides. "The policy of the State to allow nmunity under the circumstances jay be fairly inferred from the Act f 1 906, providing for the lnvestigaon of the dispensary, wherein it is rovided that no testimony given r)> itnesses before the committee shall e used against them in a criminal rosecution. This provision of law as perpetuated and became a pan f the law under which the State disensary commission was created, cts of 1907, page 835.) So it must jllow, independently of the law givig such power to the Attorney Gen- ' ral, that such of those whose names : re mentioned above, who testified *fore the investigating committee, * : the State dispensary commission, radically have immunity under this ct. 1 Attorney General Has Discretion. ' "Hut aside from the manifest poll- ; r of the Legislature, as contained in je above mentioned Act, the Attor- ( zy General has discretion as to J hen, how and against whom to pro>ed in criminal cases. He has the )wor to enter a nolle prosequi rtue of his office, independently of je Court. (Ency. of Law, 23, pages j 7 5 and 276. State vs. Howard, 15 ich Law, 27 4. State vs. MeKee, 1 ' alley, 651). The rule is laid down t the McKee case that the prosecutig officer may enter a nolle prosequi L any state of the proceedings until le jury are charged; but he cannot ' t) so afterwards, not at least in case ' F an indictment for a capital offence, ' ad if he is permitted to do so its ef?ct is the acquittal of the prisoner, he above rule is also recognized in rcUbold's Criminal Practice, Vol- 1 me I, page 317. "In Bishop on Criminal Procedure, 3Cond edition, Volume 1, Section ,020, it is said: 'If the prosecutor l the English practice wishes to lake use of one of the defendants s a witness, the Court will permit, a erdict of acquittal to be taken at nee in his case, and thus he will be onderod competent. In our own tates the ready method in such clrumstances would ordinarily be for he prosecuting ofllcer to enter a nol ros as to the defendant whose tesimony ho wished to use.' * * T Y\ f/\ 1 1 \%r I rr i?n 1a 1 u lni/1 r\ A n; r\ \wr A UU 1 W 1 Hi VY III A l| IV IO I C % III IIV TT l? l/J lishop, Volume 1, Section 1,076: 'In ho United States, where prosecutions re Instluted and carried on by a ublic prosecutor, who acts directly or the Government and protects Its aterests, there is-an evident proprity in considering it to be within the xclusive discretion of this officer to etermine whether or not an accoinlice should be permitted to turn tate's evidence, as it is sometimes xpressed with us, and whether, if he oes, ho Is afterward entitled to be no urther prosecuted by reason of what is thus done.' "It is not easy to say what, in act, is the practice on this point in all the States, but it is believed that, in most of them, the prosecuting officer acts in such cases upon his own dis(Continued on second page.) cretion, which is little, if at all, controlled by the Courts Authorities Cited. "That the discretion is reposed In the prosecuting officer independently of the Court in this State is shown in the McKee case and others hereinafter referred to. In the case of Rogers vs. Hill, 2 2 R. I., page 498, it is said: "The practice of entering a nnlln f\t*Acnmil r\ In fnrtnnMnnu ia Il\/I IV pi VOVVJ Ul t\/ 1111 VI lllllti Vl VC1 1Q very ancient, but to indictments it began in the latter end of the reign of Charles II.' It is further said in this case that 'there are three periods of a prosecution in which a nolle prosequi may be entered, before a jury is empanelled, while the case is before the jury and after the verdict. In the first, it is perfectly clear that a nol pros may be entered at the pleasure of the prosecuting officer; such is the constant practice. It may be that the Indictment is defective, and he may wish to procure another; he may discover that the evidence will turn out indifferently from what he expected and he may wish to vary the charge to make it conform to the proof, or he may have good reason for not wishing to prosecute at all. " 'There may be innumerable causes for discontinuing the prosecution, all of which he may judge upon his official responsibility. In many cases the discontinuance may operate to the prejudice of the defendant, but never to the injury of his iegai rights. It is not to be presumed that this officer will violate his duty or act oppressively.' And it is further said in the case that he exorcises that power wholly upon his official responsibility, without the advice or permission of the Court. "In the case of the State vs. Thomas, 75 S. C., 479-480, the rule in the McKee case as to the power to enter a nolle prosequi is reaffirmed. In the case of the State vs. Cardoza, 11 S. C., 1 97, it appears that Richard H. Gleaves, Samuel J. Lee, Josephus Woodruff, A. O. Jones and Francis L. Cardoza were indicted for conspiracy. The Attorney General, the Hon. Jas. Conner, called this case for trial and entered a nolle proseque as to the defendants, Samuel J. Lee Josephus Woodruff and A. O. Jones; Richard H. Gleaves not having been arrested, the trial proceeding against Francis Cardoza alone. (See Page 201.) It appears from the case as . recorded that Gleaves, Woodruff and Jones were used as State's witnesses. It will also be noted with interest that three of my most distinguished predecessors in office, the Hon. Leroy Youmans, the Hon. James Conner and the Hon. C. R. Miles appeared as attorneys for the State. During Reconstruction. ] "The following quotation from 'A Voice from South Carolina,' Leland, thrown an interesting light upon the practice of the prosecuting attorney in this State granting immunity. It . is in reference to prosections for < frauds committed during the Reconstruction: "More than thirty true hills have been found by grand juries of Richland County, not very much varied in their character, and cover- . ing a long list of names. Sometimes ^ five or six names would be embraced under the same indictment and sometimes the same name would be found several times repeated. For instance, the name of Cardoza will be found on nine separate indictments. " 'With this explanation, only the ( following names can now be found on the docket: H. H. Kimpton, D. H. Chamberlain, R. K. Scott, F. J. Moses, N. G. Parker, F. L. Cardoza, Robert Smalls, J. Li. Neigle, F. S. Jacobs, (Solomons Bank), B, F. Whittemore, . 3olomon L. Hoge, Y. J. Powers, Thos. i (J. Dunn, R. H. Gleaves, Samuel J. Lee, Josephus Woodruff, A. O. Jones ind L. Cass Carpenter. " 'Of these, Parker, L. Cass Carpenter. Cardoza and Smalls have been tried and convicted on one in- iictment each; so far, the other crim- i Inals have not been accessible. " 'Immunity has been granted to very many, mostly members of the Legislature, as in the seventy-five examined in Patterson's case. In oth3r cases, as Woodruff's, Jones . Mash's and some others, promises 01 1 restitution were exacted and complied with, and thus the State was relieved of a large amount of indebt odness by the surrender of papers. IIow much, If any, money was refunded, has never come to light.' "On page 228 of this book it is ^ stated that N. (}. Parker was tried and convicted in the summer of IS75, under an indictment of larceny and breach of trust with fraudulent intent; escaped from jail, was recaptured and finally pardoned for that offence, on the promiso to tell all he \ knew. "I have qdotcd at length from the above ahthorities, in order that it may appear that it has always been the law and the practice in this State or the prosecuting officer to deter- mine who should, and who should \ not bo prosecuted, and whom he should allow to become State's evidence. "Yours very truly, (Signed) "J. Frazer Lyon, "Attorney General." L. M. G. Cabbage Plant*?65c thousand, for balance this season; oldest grower here; Fishel White Rock eggs, $1 per 13, from beautiful birds. Thos. W. Blitch, Young's Island, S. C. CLASSIFIED COLUMN For Sale?Pure King Cotton Seed at Poultry Yard, Darlington. 8. 3. For Sale?Pure K'nj Cot'on Seed at $1.00 per bust el. Address. J. J. Llttlejohn. Jon ?vll)6. A C. Money Maker Cotton improved and selected by T. J. Klrven Is the best. Seed at $1 per bushel. T. J. Kirven, Providence, S. C. For Sale?1,800 acres fine farm land near Macon, Ga., for less than $15 per acre. Address J. L. Uragdon, Sumter, S. 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 Saw, 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?S. C. R. I. Reds, White and Brown Leghorns, Black Langshang, Plymouth Rocks. Eggs for setting, 15 for $1. M. B. Grant, Darlington, S. C. Kggs 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 terms. Write for particulars. Henszey, Box 542, Troy, N. Y. For Sale?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 Sale?Barred Rocks, White and ..Silver Laced Wyandotts 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 Shear Steel hand ground and honed razor. Fully guaranteed for two years. Price $1.00. Money back if not entirely satisfactory. Brown & Rightmire, Phoenixville, Pa. For Sale?S. C. White and Brown Leghorn eggs, 15 for $1. Hatch satisfactory or money refunded. Grey'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 you. Collection system free. Creditors Supplies Co., Rock 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, FIA. 3irl or Woman?each locality, pood pay made acting as representative, address envelopes, fold, mall circulars, material, stamps, fur- ^ nlshed free. Rex Mailing Agency. London, Ontario. "or Sale?Whippoorwill 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. Jropsy C ired?Shortness of breatn relieved 'n 3 6 to 48 hours. Reduces swelling in 15 to 20 dayj. or write Collum Dropsy Remedy Company, Dept. O 512 Austell Bldg., Atlanta Ga. >01)1)8* Single Comb Rhode Island 1 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. tVanted?Men and ladies to take three months practical course. Kx- " pert management. High salaried * positions guaranteed. Write for catalogue now. Charlotte Telegraph School, Charlotte, N. C. kVanted?Men to take thirty days' practical course in our machine shops and learn automobile business. Positions secured gradu ates, $25 per week and up. Char- lotte Auto School, Charlotte, N. C. 1 Wanted?Bookkeepers, stenographers, clerks, write us if desiring employment. We place competent businpes help and are not able to supply demand. Carolina Audit & System Co., Skyscraper, Columbia, S. C. Sood Live Agents wanted in every town to sell a meritorious line of medicines extensively advertised and used by ever family and In 1 the stable. An exceptional opportunity for the right parties to LEE'S HEAEM NEURAL Safely Sun # Cures Headache and Neuralgl ous testimonials on file in our oflic Head the following: I have been a constant suffer* could not get any relief until it ho I tried Lee's Headache and Neuralgl lief. I heartily endorse It as the bee (Signed) Sold everywhere. Price 25c and 50c, Burwell & Dunn ' , I ', . - J * I I-.. I I NOAH'S LINIMENT give I and Mu.de Ache, and F? 1 J- ' ouier remeay Known. ? j triple strength and a p< PAIN REMEDY. Sold b; 25c per bottle and none WHAT OTI Cured of Rheumatism "I had been suffering with rheumatism for three years. Have been using Noah's Liniment, and will say that it cured me completely. Can walk better than I have In two years. Rev. S. E. Cyrus, Donald, 8. C " For Cuts arid Bruises "While working at my trade (Iron work) I get bruised and cut frequently,and I find that Noah's Liniment takes all the soreness out and heals the wound Immediately. Edward Ryan, Swaosboro, Va." Rheumatism in Neck "I received the bottle of Noah's Linlmant. and think It has helped me greatly. I havo rheumatism In my neck and It relieved It right much. Mrs. Martha A. Lambert, Beaver Dam, Va." Pains In the Back " I suffered ten years with a dreadfully sore pain In my back, and tried different remedies. Less than half a bottle of Noah's Liaimant made a perfect cure. Mrs. Rev, J. 4 D. Bllllngaloy, Point Eastern, Va." m make good money. Write at once for proposition to L. B. Martin, Bo* 110, Richmond, Va. When Medicines Fail, will take your case. Diseases of Stomach, Bowels, Kidneys, Liver, Lungs and debility (either sex) permanently eradicated by Natural Methods. Intereeting literature free. C. Cullen Howerton, Durham, N. C. teds, Both Combs?First winn'eis at the greatest shows in the United States, 1st cockerel in class, 127 Reds, Silver cup for best cockerel, in show. Medal for best cockerel of all breeds, 1910, Tennessee and Indiana State fairs. Catalogue. iMrs. Emily Gibson, Portland, Tetin. ianey's Improved Cotton Seed?Plant the best. Won first prize from Planters' Phosphate Company, ol Charleston, S. C., and State Fair Association for largest yield. Small variety, very early. 4 0 per cent lint. $1.00 per bu.; 10 bu., 90c. It. 13. Laney, Rt. 1, Cheraw, S. C. ieven per cent prima cotton seed meal, car load fifteen ton minimum car at $25.50 per ton car Augusta, $2 6.00 Savannah or Charleston. Above any quantity from one to twenty cars. Let us quo^ you hulls delivered your station. The Flash Hunter Com. Co., Atlanta, Ga. h\>r Sale?-120 bushels Iron Peas at $2.50 per bushel, 200 bushels Cleveland Big Boll Cotton Seed being best of seven different varieties by test for two years by me, and free from disease, therefore I have abandoned all other short stables, also 30 bushels Long Staple left, sole lint at 20c. Dec. 23, good and bad, all delivered F. O. B. Newberry, S. C., at $1.00 per bu. J. L. Mayer, Newberry, S. C. If you wn?t more money for your cotton crop, plant "Acme Upland Long Staple. Very productive Y / SA KttDV, /# ? f * f ' ' * Vl ? * 3l fr- J ?.# wv -. X- *. #.V ' * *JJB |HH :" >j % ely Speedily i . '* * \ a no matter what the cause. Numerie bear us out In this statement. ?p from hfinrinohn fnr 19 VMM an** / id run Its course or take morphine- V ta Remedy and found permanent re- i it thing I have ever tried. H. A. GANDY, Harteville, S. C. Manufactured by Co. , Charlotte, N. C. relief for all Nerve, Bone tins more quickly than any IT PENETRATES?It is jwerful, speedy and sure yall dealers in medicine at y back if not satisfactory HIERS SAY! Cured of Neuralgia "For five years I suffered with neuralgia and pain In side. Could not sleep. I tried Noah's Liniment, and the first application made me feel better. Mrs. Martha A. See, Richmond,Va " Stiff Joint* and Backache* "I have used Noah's Linimant for rheumatism , stiff joints and backache, and I can say It did me more good than any pain remedy. Rev George w. Smith, Abbevlle, S. C." Bronchiti* and Asthma "My son has been suffering with bronchitis and asthma and a very bad cough. Was confined to his bed. Some one recommended Noah's Liniment, and I rubbed his chest and back with it and gave him six drops on sugar, and he was relieved Immediately. Mrs. A- L, Whittaker, 613 Holly Street, Rfchmond,Va.'? Better Than $5.00 Remedies "We have obtained as good If not better results from Noah's Liniment than we did from $ remedies costing $5.00 per bottle. Norfolk and Portsmouth Transfer Co., Norfolk, Va-^ superior staple. Two bales (1023 lbs) this variety sold In Boston, Nov., 1910, for $281.32. Seed $1.50 per buehel, 10 or more bushels, $1.25. Address A. M. gins, Lamar, S. C. Referenced Merchants & Planters Bank, Lamar, S. C. Wanted?Every man, woman and child In South Carolina to know that the "Alco" brand of Sash, Doors and Blinds are the best and are made only by the Augusta Lumber Company, who manufacture everything in Lumber and Millwork and whose watchword Is "Quality." White Augusta Lumber Company, Augusta, Georgia, / for prices on any order, large or ) small. ' I ~ Southwest Georgia Bargains?1345 acres of good farming land about two hundred acres In cultivation balance, excepting about 75 acres In lake, easily put in cultivation only four miles from Bainbrldge, a hustling town of 6,000, and touched by one of the counties fine thirty foot roads and only two miles from main line of A. C. L. 4-f R. R. The soil is sandy loam withJTclay ranging from three to twelve Inches of top and will produce abundantly, when properly cultivated, Wrapper Tobacco, Corn, Cotton, Sugar Cane, Velvet Beans, Peas, Peanuts, Irish and Sweet Potatoes, Turnips, Cabbage, or almost any kind of garden truck. Poaches, Plums, Grapes, Melons, Cantalopes and almost any of the products of a Southern climate. Southwest Georgia is making more rapid advances than any other section of the entire South and Inside of two years no land can be purchased in this country for less than $25.00 to $50.00 per acre. $8,000 buys this 13 45 acre tract or will sell desired amount at $7.00 per acre. Better act quick for this Is the greatest bargain in Southwest Georgia. T. A. Ausley A Co., Bainbridge, Ga.