Newspaper Page Text
ZIMMERMAN CASE ON TRIAL.
Court at Columbia. Hearing Missing
State Bonds Matter-Two Sur
News and Courier.
Columbia, February 25.-When the
case against Daniel Zimmerman and
Thomas J. Gibson, involving charges
of purloininig bonds from the state
treasurer's offlce, was called this
morning in General Sessions Court an
Y'rexpected move was nade by the at
torneys for Zinmerman. A demur
rer' was made to the complaint on the
grIInd that Iider common law and
uider the statute, forgery, which was
lie charge in this particular indiet
mieit. is not an offence when the de
frllaided party is the state. The de
murreri1(ll Was ove'I'tled and then the
defIendait, Zimmerimanl, pleaded guil
y. % the indictimeit "its chIIrged.''
It is evident.ly the intention (if the
Ick-odanlt's atorneys, Messrs. 13l
linri .& Weh, t) take the matter to
ite ,irpemte court, andl (hey have stil'
flcii (onfidenvc in their position to
risk the pleat of guilty.
The leiendanl, Gibsoii, was not ar
r.liulned atI themrnn sessimn, and(
the piosl (ion asked for a post
pitiieilent i util 4 o'clock (Ilis after
110n, When Ithle (ibson case would he
For thie slte, Nol icitmr Ti In nermanl
ailinne11 ('N I that (lie pr()Section Would
b'ewoud,e-iT'by Solicitor Davis, of
tile 2nd eiriiit. :ad by former Solie
ilmr ''I1n-mmi,d of' Edgelield, and that.
ie wumld II>t himself applieir in the
,; s lie adhuinishratimn of, hIis
fallier, i. W. I. TimmermaI, a
sate reasiur-er, was in vol veil. FoI
thet def'nll 1. T1. J1. (libsonl, Alr. An1
drew Crawl'on-4 appears, and for. zim
il-imrman, Nlessrl-. BItell-i'ei & Welch.
The prusecntion levited to go iito trial
first (in l lie im clie teil l ar in eon
pircy.forery and tMerinl a:ore
ini rumen' . Ii was 14 Iblis iilie lment
tnt h i he de i,ilis uleiin ulrrd. ''lere
- \%- q t Wo ther. i'lihelmtslil. wn insl
buthi (f lie dei'idaits, 411te i- ini
Imrviil*l%, br'eaclh tl' titist ;and receivit;j!
Ntoen ooo s, and the oIthorei -in.
bieh of1 11-11i( with Iriadiileni intent,
hareeny aaid receiving... stlen -41ods.
Thll e w(e iin all aoiliu :11 b1 Is ofi
I1w "tite lkt ili 'rIII (Ie lit' isilrvi's
ollce,munatngto tabollt .pl17,100 inl
Tlie fo lli n-'. is I1le section inoder.
which hey were iii't ed in this Ine
"eI t ion i5. IhIoeveri ihl lI e
conviced ofIalsely' miii orie
or I'mlmter-fei( inl'., oil clinsmll Alr pro4
curing )t bne 'lel Y made, f or
co lun t -ited or Ifl willinly1 ncting.
rt' isi ig int 'I n 111iwhe t rai e r
iitu 'o 'olmterfeit : e'ri any witi'.d
orlillstrilelt of 1w1itin' a orilhile
n o uiilsi iig s i oiay ilhe,
mti - pl ib swil n a sl r fiit al toIe
m:thi ngI', f o dl e' tli it it cd 11 ll-' -
ore, haneve, ea i or a Ilis o
lumY sid. dfaed or raslie anyge ree
notiit0 a hesisti'g ionan of theg
fraudo ny' (esn (lshalbe'.lyo
fOr.:ery,td toshale sntendto h
muoreii~. tan' (ee ye-as,i-l and talso~ o
pay ihsne hjt'tneh asi ma lie udged exii
dinit aii ten disreton of theiri judg
edtiOjetds tolheInitme ndt.ii
Wlucy. the len tY'ti ws enee up thil isn
oi lliltle 'a. a ' I'liriv, a nt li to
! lubsiu',' cttet't Il :o tt'il t iso j ill
ditil'i'(t illlI Ic nit enrrer (lie
Serytuilhat t (ier isi ae iiieme ~an
toe li tien hu'iltt ln, and thatth sttit
splles 1111 Ilti'g.e-i'y ila fee dyt
iaeld,h it stii toee.er dil mraedod inth
at'stme laen eigth. e n n
orvi yaI .'rmlir i oi'r. nilime d(le
mured ol Sthe Cina ict tlton te
irrolled .haiehetI sinceitme leg
brought under~ thle statue, ol uner
thued itno law, faild thalt i theue
speiais suhat oeryis anoffene by.
forcefu eprston stof tbe derade.A
Fiiul.mor trporaection rie heple
weatre madb MeersnTimplad anfor
Dayiby wh cothene sthat coldhe stae
fiaudsoereign hadoaile nto pss an law
stateII as nojet tethis foouse r
F' ~~o the -proseion brie relie
ti~fy person, firm or corpora
'~~:; '&Z~norman~ fir. Welch argued,
~'~1~ej ~thtr0 cmmon law had
'~0pOQ3t~I~te4fo 'ey by which
4~b~MA~ Otdb ~ ui~,tded and
there was no instance of forgery of
this sort tried mniler the common law.
Tho statute hkad been passed inl ex
tension of the commullonl law and had
relpaled the common law, and this
indictment was brought under the
Judge Prince had evidently beeii
impressed by the arguments of
Messrs. Bellinger and Welch. He ov
erruled the point raised by Mr. Craw
ford but said that there was evident
ly some doubt about the other, and
while he was in doubt lie was not
called on to give the benefit of any
doubt in regard to a legal point, and
he would, therefore, overrule the de
murrer, as it is a point which the sit
preme eourd shouild pass onl. Hle de
clared that if the legislature had fail
ed to protect tlhe state inl this statute
it should know that fact and the su
preie eoulIrt could give an aluthorita
lve opinion oI that 1uhject.
Mr. Zimmermn in was then placed
in the ldoek and the iiiclitnent read
to him. Prompted by Mr. lellinger,
he plealded '' ;i s (.1111r-ed'' and
the pl1ea was so einterd.
Two Charges Nolle Prossed.
WIil vo(1i1r. revoliveneld this after
11414m, Mr. 'T'luIrimoiid. for the prose
eition. ainoinieed that they would
ake Il ()I( olithe otlier ese'i in which
(ibsoll and Zimllerillall were charged
with lareeny, breach of trust and re
e i vin stolien oos. le then stated
11n1t tlle first two ebrl.ges would he
noll1 po issitI as to Ziinineirm1aii, 1ayand
Ilhvy wouhi to trial only oni the
elini'e a-ainst 'r. (,'ihson of reciv
iiii_r s1oleii -giods. This was tho see
()1(1 slr-prise oIl the day. The charge
of receivinl.g stolen goOds, kiowing,
I luei o he stolen, is merely a miisde
miieano11r, and th114(leref.e. it did not take
lon1u (to -eeun-e a .i ry. All.. Thomas
4. Iti'vall. tle head or t u. I,. 13ryai
c4mliilly.;1I' wits appoilteId 1,oremliaii, and
ihie .im-Y is (con1isideriil a very good
hie tirst wiitness Io' 11hie pwoseeu
ti()nl wns Ci lt. Pi. II. .le"inillus, state
I rea lrer. Ife -ta 1.l tinit he be linie
-1:1 14. reasicun-r inl ]91. and whein he
('1nt-red the 4.1live Zihimerman was
1imin4 4h-I'rk :ud hookkeepr. having
serd under th previouis admninis
t'at uilis o()' Treasill'ers Tiilierman
will l'ics. Zllnimernitall relminled ill
ollivo nly one1 yea of( lie Jeingill.-,
ad4iit t i iiiln. -apt. Jenniti gs Was
:sked lilt vross-examinati.ion it' lie lhad
!!Ot 1mnsidevredi zilinmern11.11 a. man111 of
hi,0b (11.1-acter :1111 worthly of conil
deIlm-. :ni le repliel that i he had so
(iisidred e i him. The purllpose or this
ilestion was to show that in any
trans1et ion clihson woild have been
justified in presuinill.ig. that Zilimer
man' ts (10ine4hit was (orrect.
Capt .cJiin-s lestified that the
hoss ft' tm hoeis wa, not discovered
until 1905,.huz it 11urnedt oult that1
S4111ev o1f tieiml 1141 heen missilg for
How Investigation Started.
'lhel next witiness was Judge J. Fiul
leur ILyon, who sueceeded Ziimmemian
as$ hond4 cler'ik inl JanuiaryV, 1902, and
still hol'ds that1 positin l ll,le prioducW
ed the bond boo)4k and1 o'ther'i r'ecords
4of thle sI tte teasure's 5 illee fr'om
wthich lie gav'e dletailedl testimony as
a11n( thle dliscoveryi'~ of1 I he loss. In
October'l, .1905, somelt b,owils were in
qired ab'( lhout from1 (Charleston and1( an
in vest iga tion was then set 4)n foot,
when it was dliscoveed'( that there was
somlethling wr'iong. Thie mahZtter had
beeni repte1i'd at oice to i ')1 opt rolleri
Genera1'hl Jlones, uder whose d1irect ion
theii inviga Itin wasl made1tI. Th'le iln
ve'st igat141ion went bacek to thle Itime of'
thle reinatin ofii.' 2 th li'tate debt ini
lM!)3, and4 it wais tfound thiat in-all, 19)
'wniis werei muissin'. six oft thlese be
2hiee of $500 pech, imaking a total
i '' ihe' staite of1 $12,500. The
boo22ks shlowed that in F'ehrllarly, 1895,.
bondi(1 Nos. 7-14 andi 745S had been pr'e
sent ed for1 canneellat ion. In May,
191, bonds Nos. 959 and I ,4l45 wtere
jeseted '2, hnit (2n ft' boks it show
edi t hatI Nois. 744I anid 7415 had been
presentedI Pc aga in f'or ennieellat Iion at
hat ilt'. 'Test iony thius prJoduled
'xp)laine tlt'lhat wthien thle bonds Nos.
159 anid 1 ,45 werei*& priesetettd ini 1901
t hey weie not enteired' on the books,
hiiit in their stea'zd were~ enter'ed bonds(1
N os. 7144 and 745, wthichi wiere taken
friomu t hir recepht acles in thle treas
nireri''s t2lthe and subs tituated for' b)onds
Ni s. )5!)01and 1 ,44-5, whichl were thlen
puit back inito ci'eulat ion. It is for
te r'.~eeiving~ of these bonds(1 that the
Hard to Trace Bonds,
.Judge Lyon explained in his testi
miony that the loss of bonds might not
be discovered for some years, for the
ireason that fr'equen tly coupons were
not presented until long after they
are due, and the interest account does
not neeessatrily have to balance.
There are $10,000 worth, of bonds
belonging to the Cornelson estate,
which are said to be in Australia, and
the coupons have not been presented
for somie years. The state had no
lohied bonds even after tie" 1
showed that they were canael:, j
tiere is nothing to indicate 0 'Ayhdt
bond at coupon belongs or wh6. h1ds i
the Iad. In subsf-eo, this wthe
FORGET THE WAYI
That's the place to get
good fresh things
We keep new goods;1
coming all the time,
Full line of staple and; 2
fancy groceries always -
Fresh bread from Cc-j
lumbea every day.
Yours to please,
At Factory Prices.
Write us at once for our special plan
of payments on a Piano or Organ
If you buy either instrument through 0
us, you get a standard make, one
that will last a life-time. Write
Malone Music House 0
COLUMBIA, S. C., S
For Catalogues, Terms, Etc.
ECZEMA and PILE CURE c
FREE Knowing what it was to suffer
I will give FREE OF CHARGE
to any afflicted a positive cure for Ecze
ma, Salt Rhum, Erysipelas, Piles anid
Skin Diseases. Instant Relief Don't
suffer longer. Write F. W. WILLIAMS,
400 Manhattan Avenue, New York. Er.
on All Throt
Tickets are now on sale
For Full Information as t
consult Nearest Southern
Geo. B. Allen R.
Asst. Gen. Pass. Agent,
OnCollege Hl,eight room
sirablc location for Boarding Hot
New nine-room residence wi1
stables. .Less than five mitiute
Luther an, Methodist, Baptist 'and
Fifteen shares National Bank
these before the first Monday in]I
o'clock on the Public Square.
REAL ESTATE, $
4eed and Sale Stable
-:- AT +
-:- OF +
. T. Brown on Caldwell St.
:he contract for
tour new build
ng see W. T. Liv
ngston. B e s t
Lock Box No. 59.,
Newberry, S. C
!. B. JONES'
IS THE PLACE TO GET
3ood Things to Eat
N SHORT NOTICE AND
AT MODERATE PRICES.
ysters on Half Shela. Oysters any
tyle.. Fish, Game, Steak, in fact
verything that the market affords.
Patronage of Ladies Solicited.
pposite Newberry Hotel Office and
Next Door to Pool Room.
LOOK FOR THE SIGN
. B. JONES'
eduies on All
to all WVinter Resorts.
a Rates, Routes, Etc.,
[tailway Ticket Agent
Division Pass. Agent.
Charleston. S. C
residence, large lot, very de
se or residence. Price rea
.h bath room, electric lights,
s walk from Public Square,
Associate Reformedi Presby,,
stock for sale. If I do not sell
VAarch, will sell same at i1
!K$ AND BONDS.
E N OTIE.
Notice is her6y ivi that I will
make a settlemnotit f the personal
estate of W. C. Switteaberg, deceas
ed, in the Probde0o4rt for Newber
ry County, n .the 29rd day of Marchi
1907, at 10 o1clook i :th* fo-enoon,
and that I will iimediately theraf
ter apply for M y final discharge.
Creditors of the estate ar'e notified:
to render their lairms dulY attAted#
to me or to Johnstone and Cromer, on
or before that date.
M. XC. Swittenberg,
W. M. AUGUSTINE, BEEP MARK.
Best steak ...........12 1-2 ets.
Other cuts from 6, 8,and 10c. per lb.
Pork 12 1-2 cents per lb.
Steak Pork 15 cents per lb.
OYterqs, nest 40 cents per quart.
Fish. etc. Near Senn's store.
THE BANK OF
GLpiRal Stock - -
Undivided profits -
Interest allowed at rate of 4
Special attention to farmer
small, none too large to enlist ou:
to meet and greet you. Callin.
G. Y. Hunter, President.
J. F. Browne, Cashier.
N. L. Black. A. H. Hawk
S. S. Birge. J. S. Wheel
S. P. Boo2er. G. Y. Hunt
TRBkj NEW BERRY
Capital stock paid in
Deposits . .
We do business an bi
We extend every co
with safe and sound ba
Four per cent. paid c
Our 29th car, making 3165
Flour, has arrived and going rai
F our has advanced 40 to 50<
Best Patent - .
Best Half Patent -
Every barrel guaranteed. B<
ing hundreds, let us se-1 you.
THE. DAISY SEED C(
Coilumbian B6auty Seed Corn; 1
took tbe oremium at the World's Fi
grain and small Cob, weighs 60 P~
the Stalk ; grows fromnx50 to 200 B1
weight in . gold. The Seed from
brought here from Genoa, Italy, i1
The price of this valuable Corn is,
Soc. One Popand 50c, Three PoE,
Bushel $3-50, One Bushel $5-oo,
$x2.oo. Every package ~guarantee
cheerfully- refunded at once, A
Watermelon, Tomato - und Pumpk
Corn order- I refer you to Hon.
Winston-Salem, N~ 0. or to any rel
to4ay and be ready to plazr tW)len ti
ways the cheapest. or a success,
ST4.4" F'O FO 1 , a~Ill :0 M.
BY elou 'C Goggas C. O~ C. ' Act.
ing Probate Judge.
WJRAS, 8. E. Pitte hat~h niede
sui tonie, to'gratit her Lettoeo
tat1tidr of the Eetate of id -
efet W A' Vitts
THESE AT',THEllEFUR tite
and adiad0ish all.ad epogular the
kindred ani Cre'ditors of the said W
A.'Pitte .eefase 'that thej be ana
appear before me, in: the Court of
Probate, to be held at Newborry C. H.
S.C., oi Friday, Maich 8th;, next
After publicatioi theieof at
o'clock in the fof-eioon, 'to show
eause, if any they have, wiy the said
Administration should not be 'grant
GIVEN under niy Hand, this 18th
day of February, Anno Domini, 1007.
Jno. C. Goggans, C. C. C. P.
Acting J. P. N. C.
ITY, S. C.
ier cent. on time deposits.
' accounts. No account too
best attention. It is a pleasure
J. S. Wheeler, Vice.President.
Hunt, Hunt & Hunter, Attys.
ins. P. B. Watner
er. J. F. Browne
r A. G. Wise
Oy, S. C.
. . $ '50,000.00
-. . 25,000.00
. . 235,000.00
on deposits in Savings
ire Proof Vault.
J. E. NORWOOD,
barrels of choice Te nnessee
dly at following prices:
.bbl., and we only make slight
- - $4.50
- - - - 4.00
~tter buy quick. We are sell
VTY, S. C.
MPANY, ft~ wrd
ir. Th e Corn is Snow white, ag
ounds to the JBushel,3t Erso
ishels to the Acre. *It i.s 5l Eirs
which this Corn wasigow wsI
j89o, by Col. G3eo. Siewer6w Ts
by umall, postage paid, 1-Hf Pu
ads $r oo, Ono Peck $ao g a
Two Bpashejs $9.0o, Three B'ushe5~
3to give satisfactioornt1:,
)ackage .oe the World's Prmonm
n. eeds go FREE rith -Vry~
JP. tnon, ex-rogister of deed~ 4
lable-merchant in the city' -0Ode
8 Season comes. The best s a