Historical Newspapers of South Carolina

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LYON GIVES FACTS. attorn l\ GF.NF.lt xl lyon til VHS rVIiI to (.ovuinoh. In K?^?|m>n?m' lo Got. Bleak's Request for Certain Information \boui Uimltng-l |> Affair* of Old State l?*|m'n?Ar-Y. ihr \ttorncy General state* Vilaiita Imw Firm F.mpower ?d OmI> in <>nvr ImnmniO. II?* Re? taining I'mmi'i to Grant Sume. nmbla. March J4.?Giving the ggj ..f those who were promised lm inunlty. h? ? a use of either having turned 8tate's evidence or given cer? tain evident ", or ?tven up certain in rormution. a defence of the 1 ranting of ImmunltN and much other interest? ing data that the general put In had heretofore been unacquainted with. Attorney General J. Fr?ser Lyon this Afternoon sent to Governor Cole L. Blees? a letter. In reply to the one ?ent to the Attorney General hy Gov? ernor Blesse on the day of the dispen? sary commission was dismissed. The letter was "released for publi? cation" by Governor Phase, upon At? torney <;>r - .1 1.son's statement that the newspaper men would have to get permission of the Governor for the letter to be published. The letter given out by Attorney General Lyon this afternoon Is the flrnt public statement he has made since the whole db<p. nsary situation was revl e,i by Gkrvemot Blease's call? ing for an Investigation, except by Mr. Lyon s request to the legislature for an inve-dlgatlon. Upgej other mat fa\ Mr. Lyon has M gea^agteat to aaahe at this time. following Is the letter In full: 'olumba. S. O, March 23, 1911. ?overnor f\ L. Please. Columbia, .?Dear Sir. Replying to your IiU-T of the 14th Instant, 1 will say: "at. A. Goodman was Indicted by the grand Jury of Rich land countv. Cpon his giving me certain evidence showing the guilt of former dispen? sary officials, and furnirhlng me in? formation as to how ? it. t- > vldence of similar nature could be obtained, no] pros was, or will he In due time, t il? lered upon Indictments against him. "J. T. Early and J. B. Wylle testi? fied as witnesses for the State in sev? eral cases. Their testimony has large? ly appeared In public prints. On ne? ust Ol thK I shall lot pr-'ss ln dtctanents against them and have agreed to Institute no further pro? ceedings again ct them in behalf of the *U*t*? ll-nr/ S.. n ts >? - ? !?.?.- ? he dlap*'nsary commission, and In the Cnnlnai Court as a State's witnssn. 1 h?' agreed to discontinue prosecution agatosi ion.. "I. W. B??rnhelm 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 $&,000 In cash, and If he shall not duly appear, the cash to hi forfeited, otherwise to be turned ov? er to the State dispensary commis? sion. Five thousand dollars has been deposited with the clerk of court at Chester. "R. W. Bemhelm and P. Bernhelm paid the State dispensary m mission at one time $30,000. and at another $34.000. for orefchafgsa on liquors sold the dispensary. Taking into consideration all the circumstances, I have agreed t.. nol pros as to I. W. Bernhelm. "Upen Indictment* against I). Wels kopt net proH will he entered, upon his testifying the truth, ns a witness In behalf of the State, with reference to sale of large quantities sold by Nlvison WeUMhagg to the State dlspen ?ry. "J. 8. Farnum was Indicted, tried and acotiitfd. Thereafter, he pleat guilty and was fined $5,000. Upon other indictments against him nol pros was. or will be, entered. <' W. Imdby. In addition to giv? ing fvldenr ? to the State dispensary ? ommlsslon, testified In Chester In the ease against John Black and oth? ers, as it 8nt*>'.4 witness, and 1 have agre+d not la prosecute him. P. M. Wilson has furnished Infor matton concerning certain transact? ions between the Bit bland Plstll lery Company and the former State dispensary and has agreed to teMtify In regard thereto, and 1 have agre< d that I will not prosecute him for, or of, .i< i'.,nnt -.f ins i nnn< ctlon e Ith the transactions about which he (? s tln>d. "G. II i'hirbs gave Information ginsrallv m to gaapegSVaff transact Ions; testified before the grand Jury In the ease against It. II. F.vuns and was employed as a d? teetlve. On aceoiint of the ahnafS, It was not my purpose to neonat its him, even though It should have been determin? ed that an action would probably Bo against him. I nm 'nformcd that Mr. ?'hiirles h is r? - ently died. "W. 1?. Bay testlhed 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 case. it is my purpose not to prosecute him. "I canned ISOall anvorie else who has agreed t? t'i-n Si.*te s evident . ?r tdhgan 1 bar- as> I la nroes* cute. Bui if I And that any name has boon in any tnamit r overlooked) 1 will advise you upon the ascertain? ment thereof. I cannot say M' fi? nitely, hut am of the impression tint among those whom 1 have Ifftlfl not to prose.nt. the follOWlnf were suanjeeted b) htr< Felder, as petwafM who would gtvs evidence tor the State in such aOtlOIM as might be instituted: w D, Roy, B, ht Wilson, i Tftlaknpf T, T, Barly, ( ". W, Dud i.\ and If, a. Qoodman? T am unahh' to make the definite statement that Mr, Felder suggested tha' the persons above should not be proaeouted. for the reason that I, as Attorney General, have exercised this power upon my own roaponatblUty, ?nd in accordance with my own judgment. "Referring t?> that part of your let ? r. which asks what civil actions were settled or compromised and the terms thereof. will say. That the hfl] actions Instituted were in charge of Messrs. Andei sen, P*elder, Round hTOi and Wilson, Mr. W, P. Steven? son and Mr. B. L. Abney, Messrs Many and Stevenson having active harge and management thereof. Mr Btevenaon has furn'?hed me the fol lowing Hat Of civil actions, which have been compromised The actions Wave compromised for trie payment of. money, the amount of which is sta.Ved opposite the names of the defend* ants given below: / Uallagher i Burton, $H,o95.94; Lnnahan \ Sons, $14,083.fV0; Grab felder & Co., $i5,LM.?T.i;r Roekam Oaratley Company $3,0!66..r7; Freid y man-Keiier Company, Mill I; Meyer* Pitts & Co., $3.437.50; Ja^k Cranston Company, $t9X*Sl; AmerJ-can Bond? ?ng Company. $b00. \ "In several of the above eases the b fetulants had presented. claims against the State, which weVre disal? lowed. Such amounts are in, addit? ion to the amount of mojneys to which rafi.'fin i is above madia, "The Act of 1910 authorised the dispensary oojnjnlaston t-> \ mak settlement of ruch claims. "Answering your inquiry as ty> that part of the contract entered inlto be? tween the State dispensary cofmmls slon and ' Anderson, Fehb-r, clound krOC and Wilson, wherein it is iprovid ad that An.b r-on. Felder, Atound tree and Wilson are clothed w |th .full power, subject alone to the a/pproval of the Attorney General of tha> State, to offer any of the parties (involved immunity from prosecution, will say: The power to offer Immunity was given this firm, but the pdbwer to grant immunity, thai la to ?? lus< to prontcut i r. in caaa of Ind? *tment to nol ; r >s, whs left as thai law provides in the discretion of t he (it tome) i- ? ra), in \leu ol . this. power of the Attorney GencraV this provision was inserted in the contract. Whether nny person should nolt he indicted, or If indicted should Bnave the Indictment against him. reiJialns so far as the contract is concef ned, just as the law provides. ' The policy of the State to ag Immunity under the ClrCUmStaMicef may be fairly Inferred from the lAct of 1806, providing for the invcsthVa ti t>> .all st a f h -i H n ir t< lot t tion of the dispensary, wherein it provided that no testimony given witnesses before the committee s be used against them in a crlmitl.al prosecution. This provision of lot was perpetuated and became a p of the law under which the Stalt? dispensary comm'ssb n was create^! (Acts of 1907, page IIB.) So It mu follow, independently of the law gl Ing such power to the Attorney Ge eral, that su' h of those whose namj are mentioned above who testified h#< fore the Investigating committee, the State dispensary commlsslo practically have immun'ty under thj Act. "lint aside from the manifest POlif of the Legislature, as oontalned in t boys mentioned Act, the Attorn General has dlaoretlon as to wh h..w and against whom to proccei criminal <a>< ??. lie has the powe: enter a nolle prosequl by virtue his oiiice, independently of the Con < Kncv of l.a?\, 2 ',, pages L'7.> a stato vs. Howard, 18 Rich Us L'TI. State \s Milse.-. 1 l'.ailcy, ?J51 The rule is laid down in the |foK< enge that the prone outing officer mi enter a nolle prosequl at any state o the proeeedlnga until the jury ar rharged] but he cannot do ao aft? wards, not at least In case of an I dtctment (Or ? ?;11 > 11;, 1 offence, mm it he is permitted to do ao its i? the acquittal of the prisoner above mb- la also recognised in hold's Criminal Practice, Voi page :>,17. in Bishop on Criminal second edition, Volunu 1.'?-??. It I? said: 'If tl in tin- English praetli make use of one of the a wltro-s. the Court verdict of acquittal to in his eaae, and tin ered competent* 1 the ready method c 'In rch me l staneee would nroseeutlng oHhn mm to the defend he wished to us? Hmh t n vlng ??v Hitdom. Voll Tocedure l. s. ctloi proaecutoi ? wishes [< lefendanti ai I permit i >e taken at onC( e will be rend our own State in such clrcum naiily be for tin to enter <i nol pro rt whose testlmon rub i Is laid dowi WANTS "NO NOL KING." "HUB" EVANS DESIRES TO "BE CONVICTED OR VINDICATED," BE sws. I:\-Dispensary Chairman. Duclarea Thomaa B, Fehler Hold Up ins Trial as a Lash" and that he (Evans) Demands thai a Jury Pns?i on Hi* Caae?iTells Why he Gave Up "T. B." Letters ? Evaim and Tow ill See the Governor, Columbia, .March ?"Hub" Evans declared today that Thomas B. Fel? der, the Atlanta attorney, had held UP his <>\vn trial as- a "lash," and that he is demanding trial. "I will take no nol prosslng of my ??s.'," added Evans. "I want to bs tried and convicted or vindicated, as the case may bo," further declared the Newberry ex chairman of ths dispensary board. Evans declared also that he did not ask for any immunity from any? one. H was stated a few days ago i>> Governor ideas- that Evans had not sought immunity from him, nor bad he promised any immunity for the letter signed "T. 13." As to the other letter, Evans said: ? Well, if a mutual friend of ours found it and carried it to Cole, it's all right with me. 1 looked everywhere for the letter and could not find it." ? Why didn't you five up these let? ters before?' Evans was asked. "Well, 1 had turned over all my letters tO my attorney, and the first letter published was one of them. 1 let the investigation go on. I told them at the very jump that I would put nothing in ttieir way. If they COUld find anything agaitist me I wanted them to do it. When i learn* sd that Felder was holding my trial as a lash 1 determined to give up the letters. Bvani was standing in the outer office of the Governor when he Bind? these remarks to several listeners. He talked freely of the dispensary situ? ation and reiterated much that he had said in previous statements. He reiterated especially his re? marks, Quoted a few days ago, that if the dispensary houses were guilty of wrongdoing in State dispensary days they are now guilty of the same, aa the county dispensaries are .still buy? ing from many of the same houa< s?. "A persual of the published lists will show this," added Evans. Evans said: "The county rtl?peri series are now buying the saim li<ju u the- State dispensary did. p ng the SI me pricea 'tod hierher. You talk about a Arm turning ovef ISO 00 I tin ?tuet da.v. Well, tnon the county ' dispensaries pay back $100,000 for that." At the time also Evans said: "Felder did send for me to come ' to Atlanta. When We were in the room together 1 said to hint: "Oper that door, - you, and let the At torn, y General hear everything 1 have i got to say." This was in reference to a meeting Governor Bleaae refer? red to in asking for an Investigation i in his message to the Genereal As? ' sembly, 1 "Hub" Evans came in today froir I Newberry and went direct to tht ' Governor's office, after running up U I a local hotel hotel and putting his > suit case up. He was in a jovia mood. t In a few minutes John Bell Towil . entered the ofllce, Governor Bleaw . was engaged at the time and the visi i tors chatted vji the outer office. It so happened that Mose H. Mob< * by, now dispensary auditor, who WSJ , chief bookkeeper in state dispensary j days, was in the office at the time. Evans wants to be tried, he said r lb will not permit the case to b< . dropped. "If you were indicted foi f a crime w ouldn't you like to be tried so that, if Innocent, you could bi i vindicated?" said Evans to thost ) around him. f i \ Special Medicine for Kldnoj Anil luents. Many elderly people have found it Foley's Kidney Remedy a (pink rolle i ami permanent benefit from kldnoj f and bladder ailments and f*om an f. noying urinary irregularities due t< advancing years. Isaac N. Kegan Farmer, Mo., says: "Foley'j Kldnoj Remedy effected a complete cure ii . my case and i want others to know o . i;." w. w. Bibert. 'in the United states, where prose cutloni are Instituted and carried oi by a public prosecutor, who acts dl ? rectly for the Government and pro lecti Its Interests, there is an evlden ? propriety in considering4 it to b< 1 within the ex duslve discretion of thi r officer to determine whether or no ? an accomplice should be permittee s to turn State's evidence, as it i 1 sometimes expressed with us, ant 1 whether, if he does, he la afterwar? ? entitled to be no further prosecute* ? by reason of what is thus done.* "It Is not easy to say what, in fact ? is the practice on ibis point In al ? the states, inn it Is believed that, h V ! most of them, Iho prosecuting off! cer acts In su h cases upon hi n I own discretion, which is little, if n its. REGISTERED. That there is more to a Fertilizer than Analysis is proven conclusively by the results obtained every year from Royster Fertilizers. They are made from experience obtained by actual field experiments of what the plant requires, and not from ready reference formulating. Every ingredient in Royster Goods is selected for its plant food value, and has its work to do at the proper time, therefore the plant fertilized with ROYSTER goods is fed regular from sprouting time until harvest. Ask your dealer for Royster goods and see that the trade-mark is on every bag. When you see this Sj^> you know that you are getting the genuine and original ROYSTER Fish Fertilizer. F. S. ROYSTER GUANO COMPANY, FACTORIES AND SALES OFFICES: NORFOLK, VA. TARBORO. N. C COLUMBIA. 8. C. BALTIMORE. MD. MACON. GA SPARTANBURG. S. C. COLUMBUS. CA. MONTGOMERY, ALA. CONVENTION <>F TEACHERS ENDS. Officers Vor Ensuing, Year Elected; A. j. Thackston of Orungoburg Presi? dent . Columbia, March Jr ?President Edwin M. Poteat of Fumam Uni? versity, of Greenville, led the mighty chorus, "Blest be the time that Hinds," with which ended today at noon the nanual ocnyention of the South Carolina Teachers' association. Adjournment Immediately followed the election of officers, which was ef? fected by unanimous adoption of the nominating committee's report. An urgent invitation from Charleston for the holding of tin; 1912 convention there was referred to the executive committee. The new oillcers are President A. .1. Thackston, Orange burg; Vice Presidents tone from each congressional district) A. B. ftbett, I ol Charleston, JI. J. Crouch, of Bara welT; w. w. Michelle, "f Greenwood T\. C. Burta, of Baetey; Miss Leila ?' is ?ell, of Ro< k 1 ?Iii; T. ? . East i ting of Marion; D, S. Murph, of St. Matthew'.?; member of Executive committee fo ' two years: W. L. Hooker, of Florence. The terms of Corresponding Se<. ro? tary W, H. Jones, Recording Secre? tary E. C. McCants and Treasurer C. V. Neuffer did not expire this year. IN THE POLICE COURT. Citizens Contribute Liberally Toward Paving City Streets. There were several cases heard in the Police Court Friday morning most I of them being because of the fact i that there are still a great many cit ; Isens in town who would rather pay i for the privilege of riding their bicy? cles on the sidewalk than to obey I the city ordinance prohibiting them ' from doing so. The liberal citizens to contribute to the city fund were: Charlie Griffin, riding bicycle on < sidewalk, $1. John Rees, leaving horse unhitched, $3. Fred Davis, having horse unhiteh ? ed, |3. W. B. Reaves, riding bicycle on for , bidden sidewalk, $2. Walter Riley, riding bicycle on de . pot yard, $2. J. G, Morris, exceeding speed limtl on motorcycle, 13. T. H. Siddall, riding bicycle or , forbidden sidewalk, $2. C, C. Heck, riding bicycle on for 1 bidden slewalk, $2. p r James Wilson, riding bicycle 01 . sidewalk and resisting arrest, $2, an? > $5 for respective off? nses, ? Alex Newman, leaving horse un [ hitched, $2. t Marks Davis, reckless, riding oi sidewalk, $3 for being reckless am |2 for the privilege of riding on tin sidewalk. 1 Most of the offenders were round ed up by Policeman McKagen win made a turn about tic city and rat > across considerable material whereb! J j the city treasury was somewhat tilled Attacks School Principal. I j A severe attack on School principal II ('has. n. Allen, of Bylvanla, Ga., i: ? j thus told by him. "For more.thai . three years," he writes. * i sufferei i Indescribable torture from rheums 11 tism, liver and stomach trouble nn< j diseased kidneys. All r< medles fallet i till l used Electric Hitters, but foui I bottles of this wonderful remedv run ? nie completely." Buch rei dts itr 11 common. Thousands bless them fo _ curing stomach trouble, fem tie . ? n f plaints, kidney dtsord srs i llbe ? und for new health and vigor. Tr: 1 them. (Mnly ROc at SU eri In u Store. 1 ? I ?. - "?? Local Firm will Continue Valuable Agency. DeLorme'fl Pharmacy of this city has just closed a deal whereby they will continue to be ag? nts for Zemo ?the well known remedy for ecze? ma, dandruff, and all diseases of the skin and scalp. The extraordinary b ap that this clean liquid external treatment for skin affections has made into public favor In the last few years proves its wonderful curative properties and marks It indeed a valuable addition to the line stock of remedial agents carried by DeLorme's Pharmacy. They have a limited supply of samples. One of which will be giv? n free to any skin sufferer who w ishes to test the merit of the med? icine. A booklet "How To Preserve The .Skin," will also be given to those interested. No. 1 j Send us yot r j"i> sork, ? IM M M MM ??? I I II !? go ro t iii: GFm i ? Don't Walt Till it's Too Late?Follow the Example of u Bumter citizen. Rescue the aching back. If it keeps on aching, trouble comes. Backache is kidney ache. If you neglect the kidney's warning. Look out for urinary troubled diabetes. This Sumter citizen will show you , how to go to the rescue. C. R. Ardis, 54 W. Liberty street, Sumter, S. C, says: "Doan's Kidney Pills acted promptly and effectively in my case. I was subject to attacks ? of backache and my kidneys did not tlo their work as they should. Get i ting a box of Doan's Kidney Pills from China's Drug Store, I used them an.l ? the results were very satisfactory. I willingly give this romemdy the i praise it deserves." For sale by all dealers. Price 50 , cents. Foster-Mllburn Co., Buffalo, N< w York, sole agents for the Unked ? States. Remember the name?Doan's?and take no other. No. 8 -_ t COMPLETE IN EVERY LINE 1 Rexall Remedies, Guaranteed, Nyal's Family Remedies, Toilet Article's? Hudnuis, Lazeles and Collates, , (!ombs and Hi unites, Liggett's, Mennier's and Nunnalv's Candies, SI BERT'S Drug Store, W. W SIRERT. ?gr. 3 5 M ifn St. Sum nr. S C lias \IiUioiw of Friends. How would you like to number your friends by millions as Bucklen's Arni? ca Salve does? Its astounding cures in the past forty years made them. It's the best salve in the world for sores, ulcers, eczema, burns, boils, scalds, cuts, corns, sore eyes, sprains, swellings, bruises, old sores. Has no equal for piles. 25c at Sibert's Drug Store. Foley What They Will Do for You They will cure your backache, strengthen your kidneys, cor? rect urinary irregularities, build up the worn ont tissues, eiimina'-e the excess uric t thutcauscs rheumatism.u4 J it Bright's Disease and J bat^s, and restore health strength. Refuse substitutes. SIBERT'S DRUG STORE. KlkLTHB COUGH ANDCyRETHSUINGS wmtDR.KlNGS SKlQlSCOVEftY run VOLDS t? TRIAL 30TTIE ?TREC AMD AIL THROAT AND LUKG TROUBLES GUARANTEED SATISFACTORY Of? MON?Y &?rUA*0?D. 60 YEARS* EXPERIENCE Trade Marks 'Designs Copyrights Slc. Anyone iei fling a i?ketrri hm<! tlpseripUrtn rtnj quickly hnti nn rur 0|4nton free ?hother an Invention i* i : ? ?mhly i>uient:u'>le. C<>nimunln?. lions *t riet ly< undent lid. HANDBOOK on Patent* Bent free. ?'i lent iiitpim-v lY>r 6eer.nr.tr MUtante. Patents taken tnroush Hnnn A Co. ?^ecelT? 'ptcial notice, without clu\r*<3, m the Scientific American. A hnr.rlsomelv HlnMrst *<t wo^Jt'.v. Lnrpest cir? culation of mi v tetanus* foarneL Tanas, S3 ? m. ir : 1 Mir n ? :l |L Holx by ail now wlenlera. M?NN & Go.^'^o-'New York Brutish << ' . a, SB V St. Wa?t?lu,:t..n. 1). C. j Arc You Lookina i tor a Position? i We can offer you good Paying Employ in e n t that vt ?.! w ill enjoy and :.r home. Writcto-d ly rjllshtnfi Cr. ? \<- Voi k, N. 1 ENTS I VNO DEFF.NDE?. s"'A "WS* I i ii? \i starve and fr?v t?i?ort. I t<> <<i tain pataasa ttwrnt m*ika,| IN ALL COUNTRIES. . '/ H'm?UmwtmM aatvi . f t nt. :ncc"-rnt Practice l"xc!uc've'v. tons mt TP tTr.it*? ?t^t*? r-iUr.t 0ff.ee.| HtNGTON, D. A