The Newberry herald and news. (Newberry, S.C.) 1884-1903, August 27, 1901, Image 1
i! 11.7 :t t Fyi -t y
1805. N WBER{RY, S. U., TE A AUGUST 27 mol . Ali A X
PARDON OF 0L W A NRA 1 l ci n1.do, 1 h .111. .111 nn. . 1 I t.
ENU (IF A 1'Itl0,4''tU rlON TI AT lAInr
A llIt;AT SINHA'i ION.
Governor McSwet+uey isn :u, lneterviow D)e.
or libou tloe Uroitt 'rsuUre itroegiht to ISNiar
o3 l an to Gitat trto 1'nrclo11 by I'eot :p , or
P'ro 1n 01eicto In Vitrm' s 'a'rtii of tht
Hitte, Hott by M1oiar11 of i'otIllonk"
Numnerously sineld anel by l'ortamlt
Lottors Ito strime IRsotimin Ad
:vaice<I by Col. Nwal': Fri1nciA in
Sul iiolt or tiIor lIet for l'ar
tIo iin a i 1618o Strlttus ha Own
Icea"ois for (raitting
tio 1'ardIoll.
[News and Courier.
Columbia, Auigust 22.-Governor
McSwooney has granted a full par
doln to Col. William A. Neal, who
was convicted in Richland County
on the charge of failure to turn over
money to his successor within thirty
days. The caso of Col. Neal is still
fresh in the minds of the reading
public and, as the testimony was
published at the time of the hearing
there is no need for repetition. It is
likely the end of the most interesting
litigation that there has been in the
State in many years and the conduct
of the caso by Attorney General Bol
linger won him mucht colmendation
as an attorney.
Judge Gary, upon the conviction,
sontonced Col. Neal to four months'
imprisonment in t he county jail and
to pay a lino of $1,000.
Governor McSw,eenoy, in talking
of the pardon and his reasons for
taking such action, aid:
"In addition to the pvt.itions which
were signed by gentlemon of the
highest reputation and standing in
Richland, Anderson, ( reenville,Spar
tanburg, Pickens, Rock Hill and
other counties and cities where W.
A. Neal was known. I have received
letters from prominent men from all
parts of the State urging mo to ox.
ercise Exocutivo clemency on the
ground that the law had been vin
dicated, and the defendant, on ac
count. of the high position ho once
occupied, had been sufficiently hu
milated and punished by his con
viction, and had made good to the
State, prior to his conviction, all the
money for which he was officially
liable.
"A pardon was urged by the sure
ties on his oflicial bond, not, only by
their signatures to the petition, but
also by letters and personal inter
views. The petition stated that
Neal had paid the full amount for
which his official bond was liable,
and one of the auroties, in a personal
interview assured me that they had
paid up all moneys demanded by tho
State from them, and that they htad
been reimbursed by Neal a short
time after settling wvith the State,
and prior to his trial for breach of
trust with fradulent intent, upon
which charge he was acquitted.
"The petitions made no question
but that Neal's trial and conviction
were regular and technically proper,
but prayed his pardon upon the
ground that the lawv had been suffi
ciently vindicated by his conviction
and Lonsequenit humilation,"
"I saw no reason for withholding
clemeney, inasmuch as his convic
tion and sentence has shown that the
of the transgressor is hard, and
* at as well as the lowest cit
le to the law.
it under such circum
add anything to
one who has oc
as Neal, but
ci paiLt to
exer
stantial cit-iz'ns of the Stato.
In addition to the numerously
signed potitions (ov. lcSwoonoy
received personal letters asking for
clemency. The more inortant woro:
Col. J. Ht. Wharton, railroad com
missioner, writes: "During my stay
at Clemson College I did not hear
a single man express his views in
reference to Col. Noal's case that was
not decidedly i'n favor of his being
pardoned. 1 believe you will gratify
the majority of the people of the
State by granting his pardon."
Mr. John 1H. Cope, of i Samborg,
writes: "I hereby join his many
friends in petitioning you to pardon
him, allowing hin to remain with his
fanily and friends without the stain
of his being a 'jail bird,' which name
I an constrained to believe he does
not deserve."
Capt. J. A. Mooney, of G reonvillo,
writes: "I do not believe in vicari
ous sacrifices, henco for that roason,
as well as others, pateut ones, I write
to join my views in the prayer of
thousands of my follow-citizons ask
ing for the pardon of Col. Neal.
The peoplo of this section are not
satisfied with the result of his trial,
but are imdignant that ho has boon
sentenced to suifer the mortification
and shame of imprisonmient. I have
never believod that he deliberately
stolo the State's m1onioy, and where
today are the men who got the Stlato's
property for nothing by reason of
p ;or Neal's great Ihen:t and his con
fidence in men, could i jury be found
to convict one of the mighty men in
Israel ? I do firmly believo that for
any irregulorit.y on Neal's ofliceothese
friends ( ?) of his and superiors in
offico are morally responsible. To
ths sensitive mind the more trial
upon such a charge is not only pun.
ishnont, but it is torture. The poor
follow is broken in spirits and for
tune, and I believo the good people
of the State would rejoice at his par
don."
Dr. I. F. Smith, of Easley, writes:
"I respoctfully submit that the re
cords of the court show that it was
only a techmeal violation of the law.
The law in his conviction has boon
vindicated and it would be a travesty
of justice to punish Col. Neal fur
thur."
Letters from Rock Hill wore re
ceived from Dr. T. A. Crawford,
G. H. Greene and a petition signed
by ten leading citizens.
C. B. Free, of Bamberg, writes
among other things: "And as ho has
been so severely criticised and ha
suffered so much mentally, I think
that a pardon from your hands would
meet the approval of all good citi
zens."
Mr. G. R. H-ays, of Bamborg, also
wrote a letter urging the pardon.
Mr. J. J. Gentry, of Spartanburg,
says: "I have come to the conclusion
that inasmuch as the State and the
suret.ies of Neal did not lose any
thing by him and that it was only a
technical violation of the jlaw, that
he ought to be pardoned."
N. H. Stowvart, of Rock Hill, writes:
"1 have signed a petition hero asking
your clemency in the case of WV. A.
Neal. I do not believe and never
have believed that he was guilty of
stealing anything from the Stato in
tentionally, but simply was negli
gent, caused from whiskey, etc. I
think he has sultered sufficiently and
I trust you will exercise your pardon
ing power, etc."
Mr. John S. Bird, of Charleston,
wrote asking that the p)ardon be
granted, especially because of Col.
P ls family.
T. Larry Qantt writes Gov.
S"I write you this letter
f Col. Win. A. Neal,
tyou grant him
othe wishes
artanbulrg
s you
carry out this act of injustice. (ov
ornor, I ask that you grant Col. Neal
i pardon, basted on such grounds as
will not rollect. upon his integrity or
family."
Former Senator T. J. Kirkland, of
Korshaw, iLed for the pardon, say
Ing that he bolioved it would moot
the approval of tho pt opio of that
section.
Lotters were also written from tho
following gout lemon from Rock Hill:
W. B. W I!son, J. W. Marshall, J. J.
I lull, A. F4'riedheim & Brothers, A. I.
Banks, J. J. 'W'at ors, W. IH. Stewart,
A. B. Finlk, C. It. Greene.
Colunbt ia, B. C., Aug. 9, 1901.
(ov. M. 13. McSwooney, Columbia,
S. J.-Dear Sir:--I desire to earn
ostly request you to consider the
petition to parlon ox-Superintendent
W. A. Neal most favorably.
The conviction of Col. Neal in this
matter was entirely upon a techni
cality, in the matter of not having
turned over witIiL thiry days funds
in his hands to his %uccssor. He
has paid to the State all that the
legislative committee said he was
due. Col. Neal (lid not turn over
this money while the matter was still
in the hands of the investigating
committee, but as soon as the case
was settled ho (lid so.
I truly hope you can fool that it is
consistent with your sense of high
duty to pardon this citiz,en. Very
respectfully. J. C. Wilborn.
Pendleton, :i. C., Aug. 15, 1901.
To his Excellency, M. B. McSwoo
noy, Govern or of South Carolia
Dear Sir: 1. notice iu the papers
that the subject of a pardon for Col.
Win. A. Neal is being agitated. I
write to join in the other reg..3sts
that you take such action. The
State has not lost one cent by him;
he paid the amount. he has ascer
tained to be owing in full, and his
conviction ot most was a more tech
nicality, because he did not pay in
thirty days. If every one guilty of
that offence is to be imprisoned we
must build new jails and import ex
tra population for jailers. I earnest
ly recommend his pardon. Yours
respectful ly,
Augustine T. Smythe.
Greenville, S. C., August 7,1901.
His Excolloncy, Governor M. B.
MlcSwooney-Sir: I would respect
fully ask the pardon of W. A Neal,
upon the ground that there was not
one scintilla of testimony showing
any criminal intent to defraud the
State, and I do not believe that such
intent over existed. I think the ends
of justice have been achieved and the
majesty of the law vindicated, and
that he should be pardoned. Yours
respectfully, Jas. L. Orr.
Mr. Lewis WV. Parker, of Green
ville, also urges the pardon.
The appeal in the Neal case was
abandoned to-day as the following
Supreme proceedings show:
"To G. Duincan B3ellingor. Attor
ney-Gonoral, and J. T. Thurmond.
Solicitor: You will please take no
tice that Wmn. A. Neal, defendant in
the above stated case, has abandoned
his intention to ap)peal to the Su.
promo Court, notice of which was
served on the first day of July, .1901.
"P. HI. Nelson, Julius E. Boggs,
attorneys for Wmn. A. Neal"
The appeald was abandoned before
the pardon wvas granted.
HEALTH LAws 0oF THlE STATE.
It~ appears that certain cities in the
State pay no attention to the health
laws of the State or to the State
b)oard of health. The Attorney Goen
oral's office finds that there is ample
law to make city officials give heed
to the State board of health, and that
office has offered and will push any
violations of the law or refusal to at
tend to the reoquests of the State
board of health, made in accordance
with thme law.
Some city oflicials who use the
waste basket for inquiries from the
State lhoard of health will perhaps
d trouble mn store for them.
he following letter on the sub
plains the situation:
moe Evans, Secretary State
onslth, Florence, S. C.
Qu request to be advised
wing questions: "W hat
Ii.he tnwns likra (Jo
month tho vita! :tatitit':., inc'luding
tho birthimi andl <hnt.Ihs of tho respoect
ivo towlis."
I'restuming.; th1:t the localitios cuo1n
plainod of havl duly rlppoinlted .local
boar'dis of health to- t;ucl nieglect ir
amply providecd for. by ;ection 909,
Voluno 1, it. .. I893, it is mado the
duty of tihe Stato board of hoaltI1 to
orgaize a system of registriation of
vital statistics. This power is liike.
wise aut.h;,rizod und1i rIo geiral
dlltios impc sedI 11}S upon the Stato board
of health. By Sectios ,> and 10, (.\.
1891, pago 519,) of an1 Act creating
t)ho local hoards of health power is
given to tho lovial boards -exc'elt. in
tihe City of Charleston-to mlaintain
it comlpilet ald acc,tato system of
registratlon of births and dea1!hs
which may occur in the town or city
and under a ponalty ol not loss than
on 101olar, nor moro tihan fifty dol.
Iamt for noneoinplianco can complI
obedlientco 1 ill)to te11 en tih parte i ( f
all physicians or ot her modical p-11 rW
titioners, clergy men, in tngi.itrte
m11id-wiv0a, und[lerialk , ('1:'1:Iextons, nll.t
all other person f -om whom in
formation for ucl p(urpose's may
properly be rcqluired. 'The duties,
)owevcr and itnthority of t'1e Stalto 1111(1
local board: lre, in th par1t icla!,tr,
manifost. .By an Act to be found at
pago 733, Acts 1901, tho State ibaolrd!
of health is iii.'rted witl authority
to direct, itnd stiporviF: A the actions of
local hoards of health in incorporated
cities and towns in it. latters per
taiuing to said locatl I )ir:I, and upon
a refusal or n oe(!seet o aclto tho
(rdors of tho Stato b .atrd tie of
fonding m i i; oa 50 removed by
tho State board af:;lr .! day's n1T io
under the pro:I u:' I :erein outlined.
''his removi.l is in wi1tion to the
penalty heretuf;t imllp;sed. It is
likewise maade tho dty of th secro
tary of the lacal board to repiort to
the Stato hoard f ieithl l all auch
facts and 8tatistics as may he requir
od. A failure to 1how cause for the
failure or refusal to 1n1ul:o such ro
turns subjects th.at ofticor to remlovitl.
It should ho noted tht, any moui
ber of it local bon rd who after accept.
ing and being dtu]y appointed shall
refuse to qualify and seirvO on the
board shall bo subject to a fino of
twenty-five dollars to bo imposed antd
collected by tho town council. (Acts
1897, p. ..)
This is the law covering the ques
tion propoundod. If you need fur
ther information ,lease adviso this
office.
As re(ucstod I havo collated tho
laws governing the State and local
boards of hlealth for publication and
distribution.
Very resp)ectflly 3,
U. X. (Gunter,
Assistant Attorney General.
There is a statute. passed at a re
cent session of the General Assembly,
wvhich reqIuires that all burial casos
should be plainly marked, giving the
name of the dleconsed and tihe cause
of deathI before accepte d for si pm ent.
Dri. Simnons, of the State board health,
writos that, certain railroad(s are not
requiring bthis certificate, and that
bodies are being sh;pped in plain
violation of the law. It, is a caseo
where an onne1o of provontion is
wvorth a pound of an'tertIhiouight, as
persons (lying of contagious diseatses
may be shipped if thlii neglcet of lawv
is allowed to dlrag along. Attorney
General ]3ellingor and Mr. Guntter
will make it their business to prose
cute any railroad company repuorted
to thomn as violatinmg I his stat.ute.
RCeflectionid or ai nacheor.
The Lord maiide fish;l cold-blo oded
rso they wouldn't, blush fiery rod at
some of tihe hulmanls that go in swim
mmng.
F"or every onnencr of ruin that runis
out of a bottle into a marn's mouth
an ounce of brains russ into the blot
tle out of his head.
You can teach the stulpidect dlunco
how to make love, but it is beyond
the power of any mortal soul to teach
another how to love.
A man put elovea on Lis breath
and disguise tha )4Ji(ll of whiiskoy
from his wife, b)ut, thore is nothing
in the world ho canf puit on hisi tone
of voice to disguise the lovo h10 hast
lost for har.--Naw York Pre.
(i'\ N. tAPL . O"NiW.n,
I'' r.I ' A i\ l 1 1;11ly t. Sth :i to 11vn
I:t r t ., r.i' 1: 1 i'r ltrt - Itt" i.
,r I:t I t . , I:tt.l r.m 1L t,
|1Th0 St I, 1 it hi.
lII regmI tt' tIho Nual cas, now
thIat tll 'nlon I1;: 1be't ratitt'il by
theu gover' lt)Ir. .th'lrn' y Glneral l
1lager 1 11l1: It1isn0 li a I tii i(n elt, wV'liell
t al)mIt ior itso elf r..l i: as follows:
Whtill' thu ca-iu of tho S:tato s.W.
A. Neal 'as :t ill withint tIh coItrol
of II' couttl, I ft that 'rol)riuty,
if nout just;iN', dict"t'i Ithat th1 p)roSc
('nttingli;;0t'i(r '1hitnhl rl'marin( silutnt asx
to c'rtali: r;tathuin,t!o tndo in bealitlf
of tho defenint tru II gh)f1 thu pub)lic
printt, 'riticii1I;, it; ' it uti\ves of tho
i' 'entii !n, i .IngniiY tht itipar
':t.ity oftho p)res.idingY Judge atndl
:ttling t o luli: iat' i theunin1formedu
ltbli a, to ;h' ftals of the case; but
I : iitt:ti:- as the g'o\('rnor hits
a full unctitlnditiotl lil paldon
to thi d. nou<lai., jus.it' to tho i"o
l:'3. I:f tie Stat", whoe servaits pub
lit olelit:. atr, to the itutuo of trituI,
iJU' to tI.e int ~rity and ability of
(ilto of t I' iu::';t" 1111 evr honlortil
VitIi Ith tI'in11,', imu ls m1O to tipeak,
wlhilo thi+ lInt(oI te'L of my coulrsei tho
fitturo mimi (;ecitl.
For Ih I.- ftv days numer1(oluls
;tlltl'tm('ilin tsnd l r'odict ionls lavo bOOn
maldt inl till' daily prsy, as to tle
pirimou re;pon-ibility for which it, is
iot Inee ;Sary to inu ir). It. his
been idtil: "T:e ttorney general, it
I" said, ;;t ('',;. N\unl't buond.;nlen at
rO('oit 1.r ti.- Itmunl'lt, duo by him
to Iti . st( " :,.o tiucll h r 'ceiI),t. \'ver
was giren, l ir ko re:son tihit. it ht
be(n, el . u it; t; by thli- olileo thait
thet Ibtll'- Ii't .Vero liablo for only a
part of wh;latt 1,';al wa' duo tite Statto,
a11nd onilly for t .i I lpa1 t wts any ro
ciipt gi"Otl (I- anly 'iuotoy paid.
(2ott1nniietitto:n wt begun w ithl Neitl,
itallllc,liatli.l\ l uon (te ttc(i t. of (te
rrpour of tll (' cmifittoo, early in Au
gnust, E, and (n-tinild from tm
to tiot imp roli "llbly until August.
2tth, wh'iin w:ts.I woro "wern out
aga;uint him, an., his arreAt foll >wod.
D)em1t,:. was- madel, ont 1is b)owIls
mn o )It"ptoitur Ith, 9, Iand
the smlt of , 11 finally paid by
them on tht) 29th day of thet) same
mouth, atftcr comipi ints woro pro
Parld ready to ) )ervod inl tho suit
against t1:o bountlsmei. Tho rocoipt
given, distinctly States the itoms of
tho shortago iicludod in tho sumial.
It was l. o sid. i: Vedn -sday's
'"Sltte," bvy onte aipparently "'speaik
ing witIth koledge1Y(,"' "Dnr)uing t ho
hearing'" (ont pot it ion for pardon),
"the gove'rnor asked Mr. Nelson somo
qfuest ionsu as to what amount Col.
Neaul still od t he State, or wheother
b)y his acts the St ate stood in danuger
of losing anything. '* * ** Ofi'
hand1( replieOs w.oro giveni to (tho qjues.
tionsi askedu( b)y t ho govornor, but Jator
oni written explanaItionsH will prroha
bly be Iih'd ;"' and '"Thlogovernor wvil
first, rolerI te pet itin to the i at
jtlgo and 1t1ho solicitor boforo goimg
further xin thle maitttr." I am just i
find ini sayinig nod referenlce to tho
mnattor wvas 5(o mado(, andii cons0teuet.
ly the 1)1osecu1t lonl nlow has t ho first,
opportumag to ho board; antd did no
ono now speak ill h)ohalf of tho Statto
it mi~ighit reasonLaly bo in forred that
theo sitatfemnh-.t of facet contained in
theo pot it en 1 -na i nchllenIoged.
In.uch~rtiI a :)t goVirnor, onl the
12th of A ngo!e, 1 SV, in transmit
bing thei oI -e I. t tonivo::t nting
c0ommit ti, tabi ini LN0 ottliil lotter'
to) the att orne(' gen1eral: "I asik that
you Itaki' ivuch action as thle lawv ro
tion of j 1t i 0 . I Yi woul atsk, also0,
that :on ita moi whOvat furthlor stopIs
aro0 n'ec mr m.iO ho taken by mvo to
(carry out thei findingsq of thoecom-l
( r(eport. ) I, anmd as he further said
to tho levislaitu're: ''ho wvhlo mat
terz wvas I thn placed in 1110 hiands ci
theu na 9roy w( nerall, withI fullI powoi
to act1, and pr1 uotect a far as possibk
than i ntosts o f tho Stat.e,"' (report
p. f ) it is reatonaiiblo to f1uppose0 t
that. allic r know'~ better to what ox
tent thte S;tato was to ho ffiCtn
h1;im1, fr1'm th \\ ' I y i o' ttport
forthlt iefr t !iNylll , 1thallNt the
pagto ',1 rl l u t him io mltt})1y
tha tt in a h e )ii i l io immt I n
to1 tllt ;'1 ) I (t ': It: 'jtti l !'\' lo il;u It iof
wh11ich the0 bit,ndsmtlt n >.ub?!,IIIntly
paid (lt Statto, Nt'1l was;: liab!,, for
conviet. htir(to for i ur tollnt.
in;.; to sj"i(1 w ilt hat ilo t;ttoryl'u
g lerlt1 rop )orto I ll 1i itt.l4li,tin to t110
amount for wi hto hltn(1ist- were
('btlrg( ablo thltl "oin ihlot acconult of
tho les10 of cOiets for tr t yerlt,
ti utitl r ha t It >( , t' t '_',(illl} ( r eort
1p. 1 ) ntd] I 11(hIIt atv hon) o t hm,
by tho tstinollO f1 rintd in sid ro.
})ort,, that at, }JII pa Lt. IS i I Neal ac
1)\1n Iwe it thvit ih note'il whie (h1Ie
hadl tlke fro'i tho 1,gJdatles e(tr(tre
is!;countod at" to the bank i orlOr to
relt";(' tey to piy his Orronld (etsti
duo th h )o nit<"'I: u t oln atcc''tunt of
('onv"iet hiro; tIud thI lh11f igdah . we'ro
not vn ilorIv resonsil for tie
aillttilt; that ht icv e.)\''t i blle
fit!( arit;ing fr,-m: (the i(taso .f tho
conv icks and( ihat. tht }) 10nit tary
ini horil tie now\' hld on of thoO
tlo>t 3s amoun11It1 ;io :!,lSll f.r tho
bire of convicia for th y .: 181117.
Anti1 if boubll havo r(tmlinded (1 him1
t att in is roll;trl to thl genclit l i luI.
1;oTmbly hto llu1 Ithis bll ltil~R"t; eoIt
will not b)e itIII) Irtu i I IIllo lin this
( Oll(tionl to cot n t i hel;u th mt('ti+olugh
u(''s and (' lit',rcy with w 'hit'i til l his
comlittero ha-i di r;f iro l 1 t (litli
oil fOo fro m t Ilt rof rt ).h +trr\w'ilh
1ubmi llt',ct. i .et i 111 ., Il (1iIa
maitttr faithft y t nt d li i (I his
diligonco."
IV il\'iNiI ttl l . "'t l:. 4 t't , 10 f;,Ik "('t
of informtilon, 01 ('It ( O1o rit r'
of thlo arlicles1- publi:"h( d inl the news('
i-tit atlt4 to the ) l oern(Ie iln
behalf of the d1,tflt!in tlt. 1I.il not
in.formI1t4of any' o\iden tc't1 la uofow(
h11:i1 e cll ine to mko I s hange
li:<hi l by lho "t,n mit o(te S'; ropt.I
andll I coi'.orato toft ait r takiiig ad
vtaiCu of tho o.' to myedth\ los 1o
>;,000i(!, which I ht( bnk now ';ustain1s,
and atftor colle ing; from J. 1,. Wt. -
tion for tlo bi rteit of tih blaikc th
munot)nt duo fitr 11onolviet birt for 1anl
ot.her y(lar, the Stato Ii, 1ost 11 oit
count of the ("liic'iatl Im1isconduInct of
W. A. Noal at le!alt ,IOIhI0, 1"Ia for
orly roportod.
I notico in 'heo Stto of tdaIl a
tt.oeorn of what, by way of ouhiom
ihm,lwo ofmayr. 1call his exceloney's
1)reon for,granting the poliion of ~e
pardk o Tosd appear, geerllylf otl
spneaig,i to bethrjee:fr I rri
t)1. ThttptIons woro runn-.'
oroslyt mgnedi "byill genftomon tof th
highes1 tlt reuionrOl) and stning tl.
taus) j'the oice 1 o the polt? o is lilt
vookit)te ofod lto th ait8o thoseo
worship1 for dubirctnoed1 in a chai
l' nlI I 1 nIt I 1t as al)pw rs to m11(i
T'ho 'Itit ioll tates tII t:
(ia) "T1he oflt'no of which NeIl
viH coUvictc'l w1').'s a I(+chnticatl violi
tolIl of tho lawv.'' IIL 1(1tlit oll ty
w3ying ii that all crhiurs in mt.' titt iutes
aro I('hit iII violations of thu law, I
call attolittiou to l,i.3 tot ti'lony of tho
dtofoldanrit 1hoforo tl 0 o'l t ilIvestig
ting (cOnllllitt('O and1 upon01 hti i triatl il:
c01111 in which ho confosso( that it
tho tino of timt ctilction of the fnunts
i" Im.:i(ionl 1 h1 mad)(o falso Htittmn lt,
to t o ok k(,4 11 to t( ho ttnlioiit ;
c(lloct(I, Stattul Ill t. to had oxl)t.
(.d ith ft I:+ for li's porto.tnl 11:s;+
ma1l lilllly, in1 contradiction of tlhei'o
CiIlfos siolt4, h%oru oP. tho stanti t t
1to had loOl)orly acc!,ltOnled for thle.
and1( thit is F. erod to inl tho potit.tol
ati i "full and frauk stitomniit."
(II) ".1t 11 forimlor forl of count,
ho was trinol and Incclitt d of Iri1Ve1
of trust, witht fraudulont intuint as to
tio Haruo fIhllno For which ho wis in.
dIictl( tu11l vonvictoil for nt)t turutini
over to his suceosor.'' I havo 1w.
Coro 1uo ; l of thooo iuictmints in
the case0I1. Thm indictinlouti a
which ho was act'iuttld, chiargod iho
frattlullnt conve\rstlion of only ' I I
TIM in(lictlnOlt t11rat"r whichI hc) wat'
cOnvicttod, chargedts tho fraudl(1otl
conver'0lstolt of (illy' s2 1(, TI1( jn
dictine(it tlnler vhlict ho Wii s ('01:
Victhtt thlttr, 't1 (llo failuro to tuir
Ove(r h1u1uN aggyr'gating ,, I>)11. i O
tn. 1or l 0ll ll1 iogalto 0 n , I o 1111'
ne)vor )e111 act11littod or vn"oI t rie(.
'1'1u'; its still llu(liHposod of ga oist
im til tho CoL it of gonoral ioustiot:S
ait inidictntl. for broach of truti. for
covir' ( sn111'('11 of $;300, but Intsuchi(il
i,. ltis{ hnlitiliitin.ol alt1 1 1)0lt1111
i ; . ((. d( "hI r(docnm hi:s life an .
it.111 t' t 0 liiiht1 I ill tho good .1)1(11.1)
ih fellowv clitizins." It wo tl I
prubably h.n1 m,jan u stiiaorl)lo I1it1.
durIeI1I of ube110 fn(1d 1 t)rSs tho11
l11"o1I'(! tlullt ii! IIh I1 xt, (t+r'n of
e ill(t.
(c ".Ih:,MII of molloy wast' 1)aid,
a ti h roiI lioI'ro stt l, i .or to tri)I
and114 with no ithat of c()rt opomio-."
Ai ofo tt. t, the o1mnpy was tindl
onIly atfter lt, dcf(indannt had0 beenl
airrttto(i an h1ad'( givont bi)li1 ll"d
thl 1)y t la'Ihot IIon-Io ngnitt ist whotl
:snit. was thr1ettnied.
((I) "As th' law 114ha(sHbon vin(i.
(titledt ime thu ounlllt found dudo on
hit holol lit* t" If this Stialt'.
l ,ot ist oV,int(\nde(1dl to imply tiat
th Stato tts bdnhoht harles nr
ill by this plymount, thon itr dollI:
riom1ln that tho reimbursoot of thl.,
I1...7.._... ..1.-.. aXO lie t- i1t " o , s.
800isfac0rtio tbefoo the lawo for P
ue) "ria h beingr utheo (tarytoan
theo facts i howinthat ho hadvli iet
tu'fre lit1 over iti thfthry da IPy,
th sJl(tIle court fntcargother..tit
w' iso t it diid hnth u ry coubt
nt.g111ji'giet but'finda v tri, oruily.
son forguii iot u hao eotion for ali
new airmWltboor j~tJdge~ to r onit )0
ith pal 1)11 inf luldl of hav efiuinstated
b..forlIio i a grounr, fJ1o (a now
to1 charge Ither itnotI 11' regardu~ to theo
athjortitiy of the( udeintendt tf
hepnhi tiary." (uy yIljuy
Aio sec i ot ic ,'> 5 010 n."a
inslg the ots orf thrial woro noXt
atte fori and impmOtilxoi'ton ofg to
lawo and w110 prjdica fo thblcacon.
stiuoravtli1 righN oflS h dndant."1111
:Aty1 last, it the maondo hoolpjlOVJ has
anithe i otit, lion Earsf L'Iv'idnc t the
impria( )olty jote jg han to thecu
performancol of dtyl byt th d buy
wing,a dpaioan'd wnersitpy
lo oy aubon ci onorto ooght