The watchman and southron. (Sumter, S.C.) 1881-1930, March 06, 1907, Image 3
MR. ZIMMERMAN CONFESSES.
HE TFJLLS HOW HE TOOK BONDS
FROM TREASURER'S OFFICE.
Daniel Zimmerman Took the Stand in
the Gibson Case, and Told in De?
tail of His Wrong -Doings ia the Ab?
straction of kcate Bonds From the
State Treasurer's Office and How
Gibson Was Implicated.
Columbia, Feb. 26.-Daniel Zim?
merman took the stand today in the
trial of T. J. Gibson, and confessed
fully and freely how he had r.bstract
ed from the State Treasurer's office
. the bonds of the State. It was a piti?
ful scene. The witness said he was
over 66 years old and the defendant is
over 76. Standing each of them on
the brink of eternity. Zimmerman
stood upon the witness stand and con?
fessed his sins, accusing the still old?
er man of being his tempter.
Mr. Zimmerman, on questions from
the prosecuting j attorney, recounted
the transactions and seemed to be
holding nothing back.
When Zimmerman was offered as a
witness, the counsel for Gibson, Mr.
Andrew Crawford, objected on the
ground that he had within less than
24 hours pleaded guilty to the charge
Qf forgery and conspiracy. Judge
Crawford was asked ?by Judge Prince
to produce his authorities and he did
so, reading Trom G rec nie af, on evi?
dence, and from a decision of the late
Chief Justice Mciver, to show that
such a plea would bar a witness as
incompetent The Judge overruled
the objection, saying that the rule is
that a witness Who has been convicted
or pleaded guilty is competent until
sentence has been passed upon him,
and sentence has not been yet passed
on Zimmerman.. The plea cf guilty
might affect the witnesses credibility,
but not his competency to testify.
Mr. Zimmerman in response to Mr.
Thurmond's questions told of his en?
tering the Treasurer's office during
the administration of Dr. Bates, con?
tinuing therein during the administra?
tion of Dr. Timmerman and for one
year under Capt Jennings. He went
over the books to show how the bonds
were recorded when sent back for
cancellation or for exchange for State
stock certificates. He was referred to
the bond book and pointed out where
bonds Nos. 744 and 745 had been re?
ceived in 1900 and recorded in the
book! Then, in 1901, May, bonds Nos.
959 and 1,445 were sent in, but the
books showed again that Nos. 744
and 745 were received. Frankly the
witness owned up to this forged en?
try in his own handwriting. He said
"there were other entries of the same
sort, how many he did not remember.
Mr. Zimmerman, in the course of
his testimony, said that in order that
the abstraction of the bonds should
not be detected he advised Gibson to
purchase coupons, which Gibson turn?
ed over to him, and which he kept
for some time, then turned them over
to Gibson, who cashed them through
the banks. In this way the coupons
were held out, and the failure to
balance the interest account was not
detected in the Teasurer's office. It
did not matter to what bonds the
coupons belonged, as there is no way
to ascertain this fact when they are
presented for payment.
He was asked how he came to com?
mit this wrong, and replied that for
two years Mr. Gibson urged him to
get some bonds for him; that he
kept putting him off, but finally the
temptation was too gr eat j and he
yielded. He got out a bond and turn?
ed it over to Mr. Gibson. Then he
got others. Mt. Gibson got the pre?
mium on the bonds, which was about
$40 on the $500 each, and $80 on
each $1,000 bond. Then later Gibson
began to demand money from him
and he gave him small amounts from
time to time, say from $5 to $25 a
week.
On cross-examination Mr. Zimmer?
man was subjected to a very severe
ordeal. Mr. Crawford plied him
with question after question, wore" cd
in sarcastic style and intended to show
that although Zimmerman claimed
Gibson to be the author of his wrong?
doing, yet he gave Gibson merely a
pittance, a small share of the pro?
ceeds of their conspiracy.
Mr. Crawford's examination of the
witness was one of the best things of
the kind that has been heard in the
Richland court room for a long time.
He endeavored to show that Gibson
as a bond broker had no means of
knowing that the bonds he received
from Zimmerman were stolen; that j
he merely sold them and received the
premium as a commission, while Zim?
merman retained the principal; that
he conducted his negotiations with
Zimmerman in the office of Gibson
and in public places and there was no
secrecy about it. Witness said he
knew Gibson had been for years a
bond broker and he never told him
that the bonds -vere stolen. Gibson,
said Zimmerman, had disposed of all
the bonds which he purloined except
one, and that one he sent to his
nephew in Washington, who sold it
and sent him the proceeds less the
premium, which was the nephew's
commission. His nephew did not, he
said, know that the bond was stolen
and thought it an honest transaction.
Gibson sold the other purloined bonds
and Mr. Crawford w? lited 'to know
why .Gibson should not have thought
all the transactions honest als\.
Mr. Crawford asked Zimir.eonan if
he had been advised to. plead guilty
yesterday', and he said that ie had
and that tfte suggestion met ?tfith his,
hearty approval. He was askei if the
hope had been held out to hto, jflaat
the plea would Messen his punishment,
and he said he h&d been told it woud
be better for him^t0 do so. His attor?
neys and his son had so advised hin,
but no assurance <j of this sort iud
been given him MF the prosecution. Ee
did not know he pvould be put up as
a witness against Gibson until after
his plea of guilty.
Judge Prmcess4p'i<?ted to the nattre
of Mr. Crar/ford's que??b'KL and infer- I
rupted to say that if any ^one^ Jiad j
promised the wit-iess anything in" re- ?
gard to the sentence the court would
impose they had reckoned with-.ut
their host; that no one could speak
for the court.
Mr. Crawford disclaimed any inten?
tion to reflect upon His Honor, and
declared he had not desired to leave
any such impression.
Mr. Thurmond, for the prosecution,
assured the Court: there had been no
agreement as to Zimmerman's plea of
guilty the day before.
After the conclusion of Mr. Zim?
merman's testimony severe 1 other wit?
nesses were examined.-News and
Courier.
THOMAS GIBSON CONVICTED.
The Jury Returns a Verdict in the
State Bonds Suit
Columbia, I^eb. 27.-The jury in ?
the case of Thomas J. Gibson, charg?
ed with knowingly receiving stolen
bonds taken from the. State Treas?
urer's office by Daniel Zimmerman,
which has been on trial here this
week, after being out a short time re?
turned a verdict of guilty, with recom?
mendation to mercy. f
The case is one cf the saddest in
the recent criminal history of the
State/ Half a dozen of the best men
in the community swore to his good
reputation, yet a jury of 12 goo 3 men,
feeling it their duty, pomptly con?
victed him, and no doubt on account
of his extreme iii health and age
recommended him to the mercy of
the court.
Tom Gibson is now beyond the age ?
of 74. He is bent with age and pal?
sied. His mind is clear and active.
Perhaps it was too active today and
his frivolity on the stand may have
operated against him.
Solicitor Davis and Mr. Thurmond,
who handled the case for the State,
did so with judgment and force. In
the first place they narrowed the
charge down to two specific bonds of
which they had the complete history,
and with .these two bonds handled in
one sale they avoided any confusion.
The evidence against Mr. Gibson
was in the main that of Daniel Zim?
merman, who alleged that Gibson
suggested the plan to him, but today
two little things developed in his tes
timonv that operated against him.
' ' ' v ?
One-was that he went out and bought
for Zimmerman coupons. These cou?
pons were presumably to be used by
Zimmerman to cover up the amount
of coupons that would have to come
in at the appointed interest period,
and the second incident that hurt his
case was that a Charleston client dis?
covered a mistake of $120 and sent
the money to Mr. Gibson to be re?
funded to the State, and instead of
refunding the $120 he used it. and
stated that he did so because he was
in need of money, and intended to
repay it and has done so in part to
Capt. Jennings.
The statute is not clear as to the
punishment except that it makes it a
misdemeanor and leaves the sentence
to the discretion of the judge. Mr.
Crawford, who had made a superb
fight for his client, gave notice of an
appeal and will no doubt take the
case to the supreme court. The peo?
ple of the community are universally
sorry for Mr. Gibson's two daughters,
who have watched the trial with the
keenest interest and sorrow. The ver?
dict of the jury was perhaps a sur?
prise to many and particularly the
promptness with which the jury ren?
dered its judgment-News and Cou?
rier.
FIRE IN WIXNSBORO.
Dot y's Store and Lodge Rooms To?
tally Destroyed.
Winnsboro, Feb 27.-The large dry
gods and grocery store rooms of M.
W. Doty were totally destroyed by fire
at 4 o'clock this morning, together
with all their contents. In the second
story were the rooms of the Commer?
cial club, the lodge and reading rooms
of the Knights of Pythias and the
Woodmen of the World. Also the
dental office of Dr. J. D. McMeekin.
The contents of all these offices were
entirely destroyed. Mr.- Doty had
$ 12.000 insurance on his stock and
brick building. Dr. McMeekin had n<>
insurance. The Comemrcial club and
Knights of Pythias were partially in?
sured. The Woodmen of the World
had no insurance. The News and
Herald office adjoining was slightly
damaged, but the loss is fully cover?
ed by insurance. The origin of the
fire is not known.
SOUTH CAROLINA
NEWS
NOTES. 1
j Itei.ys of Interest Condensed and Par?
agraphed for Qnick ?eadiug.
The great power plant of the
' Southern Power Co., on the Catawba
j river, will be put into operation in
about two weeks.
i Robert Boyce, colored, was burned
to death while drunk in his house
at Gaston Shoals, Cherokee county,
Saturday night.
Judge of Probate John B. Phelps,
of Kershaw county, died suddenly in
Charleston Monday.
Mr. A. Gordon Jones, superintend
~ent-srf the Charleston division of the
Southerrv^Railway, has been appoint?
ed purchasing agent of the system.
Mr. Robert Keeler, of Orangeburg,
was fatally shot at Elloree Tuesday
afternoon by the accidental discharge
of his gun while out hunting. He
struck his dog with the butt of the
gun, discharging it, and the entire
load passed through his abdomen.
The dispensary at Monck's Corner
I was robbed Monday night. '
C. J. Shannon has been appointed
postmaster at Camden and J. W. Dun
ovant at Chester.
The residence of Mr. Daniel Dewis,
of Horry county, was burned by an
incendiary Saturday.
John Gladden, a negro train hand,
fell from the Seaboard trestle at Blos?
som Street, Columbia. Monday after?
noon and was killed.
Mayor Rhett, of Charleston, is ar?
ranging to meet the railroad officials
in a conference to attempt to settle
j the freight rate controversy.
The dispensary at Blackville was
? robbed Saturday or Sunday night
J. F. Burty, a bak -r employed by
j Curlton & Bro., of Greenville, had one
arm crushed in a bread mixing ma
; chine Monday.
The latest information of the burn?
ing of the steamer Marion between
Charleston and Beafort shows that 20
people lost their lives.
i Mrs. Bessie Thomas, aged about 30
years, committed suicide at Walnut
Grove, Spartanburg County, Thursday
night, by jumping into a well. She
has been in failing health for some
time and this is thought to be the rea?
son for her act. She was the wife of
Perry G. Thomas, a prominent farmer
of the county.
After March 4th there will be two
graduates of West Point in the Senate
-Mr. Dupont, of Delaware, and Mr.
Briggs, of New Jersey.
The dispensary commissioners have
offered to sell liquor to the Charleston
dispensaries ?t 20 per cent, less than
invoice price.
Mr. J. H. M. Beattie, of Greenville,
will hereafter have charge of the
Olympia and Granby mills, Columbia.
Mr. J. Sumter Moore, heretofore in
charge of all four of the Parker mills,
will have charge of the Richland and
capital city mills.
Frank M. Schumpert has been nom?
inated in the second primary for
probate judge of Newberry County.
R. H. Edmonds, editor of the Man?
ufacturers' Record, is to speak at the
annual dinner of the Anderson Cham?
ber of Commerce.
Senator Tillman is at his home in
Trenton. He has declined for the
present to discuss the abolition \of
the State dispensary.
The supreme court has decided
that Sunday cannot be counted as a
day in charging up time for the non?
delivery of freight.
One of the laws of the r?cent ses?
sion of the general assembly was one
placing a license fee of $2,000 on
emigrant agents. This is expected to
be prohibitive.
Darlington is planning for a coun?
ty fair the coming fall.
Orangeburg is soon to have free
mail delivery.
E. W. Robertson has given the city
of Columbia $1,500 towards a park.
Anderson expects to join the pro?
posed baseball league being promoted
by John McMakin.
The Charleston dispensaries will
probably open for business Monday
morning.
C. C. Morrow, of Spartanburg
County, was seriously wounded last
Wednesday by the accidental dis?
charge of a muzzle loading gun,
which he was loading.
W. A. Courtenay, Edward Ehrlich
and A. E. Gonzales have been ap?
pointed members of the commission
to improve the capitol grounds at
Columbia. The legislature appropri?
ated $15,000 for that purpose.
Gov. Heyward, Mr. Gadsden and
Commissioner Watson will sail March
12 for Germany to take up with the
officials of the North German Lloyd
Steamship Co. the matter of estab?
lishing a permanent line to Charles?
ton.
CASTOR ? A
For Infants and Children.
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Signature of
THE PEACEMAKER KILLED.
Mr. Duke Owens Shot to Death by
Asbary Wooten in Anderson Coun?
ty.
Anderson, Feb 2 3.-Anderson
county was the scene of a horrible
kiiling yesterday, when Asbury Woot?
en, a white man of 40 years, shot Mr.
Duke Owens, a white man of 72 years, j
through the heart, killing him in- |
stantly.
Thc shooting occurred on the A. I
W. Galaspie place three miles this
side of Central, near the county line.
The facts of the killing are meagre,
! but it is said that some boys playfully
rocked Wooten's home Sunday night.
He, being half-witted, became angry.
Mr. Owens; a neighbor, and some oth?
er person whose name could not be
learned today, went to Wooten's home
to tell him the boys meant no harm,
but Wooten did not accept the expla?
nation and ordered Mr. Owens and
his companion off the place.
Mr. Owens remained to remonstrate
with Wooten and it was then that
Wooten fired the fatal shot.
Squire Hunter held ?n inquest yes?
terday afternoon and Wooten was
brought to the jail here this morn?
ing.
Mr. Owens was a prominent man in
this county, and the tragedy is
greatty deplored.
NEWSPAPER MAN WEDS.
Mr. W. H. McCaw, of Columbia, and
Miss Genevieve Anderson, of Rock
Hill, Married at Hickory, N. C.
Rock Hill, Feb. 25.-News was re?
ceived here today of the marriage in
Hickory, X. C.,. of Miss Genevieve An?
derson, daughter of Mr. John G. An?
derson, of this city, to Mr. William H.
McCaw, of Columbia. Th? marirage
took place at the home of the bride's
aunt, Mrs. George Killian, where she
was visiting. This event was not al?
together unexpected, as Mr. McCaw
has been haunting Rock hill at fre?
quent intervals for some time past.
They will arrive in Rock Hill tonight
and spend a few days with the bride's
; parents, before going to their horne in
Columbia.
GREENVILLE BLLND TIGERS.
________
Citizens Petition Gov. Ansel to Reap?
point Constables Recently Relieved
of Duty.
Greenville, Feb. 26.-Believing the
proper enforcement of the State's an?
ti-liquor law is impossible in Green?
ville county without the aid of spe?
cially appointed constables, more than
200 prominent citizens have signed a
petition asking Go. Ansel to reap?
point certain constables recently re?
lived from duty here under the Ca
rey-Cothan act. In view of ?he
fact that the governor has already
appointed several special constables, it
is regarded as certain that he will de?
tail two ort three officers for work in
Greenville county. On account of
proximity of the mountains and the
moonshiners, Greeeenville has always
been the home of the illicit distillery
and dealer and during the past year
the federal revenue officers and State
constables have captured an average
of two illicit whiskey-making plants
a week. The sheriff of the county has
acknowledged his inability to keep
down the traffic unaided and it is pe?
culiarly necessary that at least two
or three constables be assigned to this
territory if the liquor law is to be en?
forced.
Oliver Flowers, the 17-year-old son
of T. O. Flowers, of Rock Hill, has
been missing since Sunday.
Orangeburg County is the eighth
largest cotton producing county in the
.South.
Charles Howard and Thomas No?
lan, the alleged yeggmen, accused of
robbing the Bank oi Mullins in 1902,
were tried and acquitted at Marion on
Thursday.
FEEL EVERY CHANGE
OF THE WEATHER.
A Bad Back is Always Worse
During Wet or Changeable
Weather.
Ts your back like a barometer?
Does it foretell every chancre of weather?
Does every cold settle on yoar kidneys?
Bring aching, tbroboing pains?
.Docs it disorder the urine?
The kidneys are calling for help.
Use Doan's Kidney Pills.
Guaranteed by Sumter Testimony.
B. A. Betts, well-known farmer, living two
miles northeast of Sumter, says: "I believe
Doan's Kidney Pills which I procured at Dr.
A. J. China's drug store are a good kidney
remedy. For a number of vea rs I liad a hard
time with my back and the pain felt just
like rheumatism and would just lay me up. I
could not sit for any length of time MI our
position or attempt to turn over in bed with?
out the sharp pain st raking nie and making me
yell right out and I had io take hold of some?
thing to support me when I gol out of bed.
Th?- kidney secretions were irregular, un?
natural and at night too frequent in action.
I used lots of remedies and took doctor's
medicine ?mt was just the same after 1 used
them as before. I was told about Doan'sKid
ney Pills curing other people so 1 went and
gol them. Tl.ey helped me immediately and
since then the pain has left rue. my hack is
strong ana the kin nev secret ions do not both?
er me. My health is greatly improved in
?very way and ! give Poan's Kidney Pills thc
credit."
For saje by all dealers. Price. ."Vi? cents.
Fosster-illlhurn Co., Buffalo. N. Y.. sol
agents for the (Jnited stat -s.
Remember the name-Doan's-and take no
other. 44
sfB^nniwiHUHimmniiBlWRniniRMnuutHiinHHiiujiiiMBii
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sirnilatirig t??Tood andReg ula
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W. A. BOWMAN, Pres. > ABE RYTTENBERG, V. Pres
P. G. BOWMAN, Sec. & Treas.
The Sumter Banking
& mercantile Company,
Sumter, 3. C.
mm%$&s%%Qopit3l Stock $50,000*&#?***w
Wholesale Grocers, Fertilize
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Sole agents for the celebrated brand of Wil?
cox & Gibbs Fertilizers.
We are prepared to quote the very closest
cash or time prices on all lines of
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And invite your investigation before makins
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Come to see us. We will save you money,
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Sumter Banking 4
Mercantile Company,
Masonic Building, 2djidoor from the Postoffice
Sumter, S. C.
G. OSTEEN, JR., Dentist.
118 WEST LIBERTY STREET. UP STAIRS
HOURS: 8:30 TO 1. - P. M. 2 TO 6.
OFFICE PHONE 30. HOUSE PHONE 382.