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'W.b rtajo~e fr~o sraing
' Judg tlnletod. the jury ho woi)l.
ot look them ij) fo the nilghi,(bas
*SMed 'then ,against dia:ausshi3 th~e
Sese =orheoyhit dt dieeussed
T . faw that the prossentidn en.
tered a niolle frosequi .itii oe -ese
againtst Zimmerman for 1aroeniflihd
breaclh of trust is taken to -indicate
that Zilnrmnnwill lhimself be used
~as a witness; agpinst Gibson: in this
case in .whielh4ibsoin is chttrged witih
eeiviRig stolen property. Thiere is,
ho.wever, still another indictment
against th'e two men join.tly, wvhich
has not yet been taken up at all. If
it is pressed 'the attorneys for. Zim
merman will make the same point
that was made against the first in
d (ictment~charging forgery.
Mr. Zimmerman Shows Strain,
Mr. Zimmerman as he stood in the
dock showed' very plainly the strair
he has been 'under since this serious
accusation was brought against him
about two years ago. .His muanly
young son stood by him and others of
his family were in the court room.
He lleft the room as soon as ho had
signed the plea.
A similar pont can- be made in the
other indictment, charging larceny
and receiving stolen property, and it
is expected that this point will be
raised when these other cases are call
i 1. -The attoipeys for the defendant
evidently feel very aure of their
ground, for if they fail in the su
preme court they have risked the sen
tence of at least one year for Mr.
Zimmerma in this case alone, there
being two other cases pending. In
each of these other two cases he is
acenssed of larceny of bonds, and the
S indictment is brought under the fol
aSection 147. The stealing or tak
ing by robbery of any bonds, warrant,
bill or promissory note for the pay
ment or securing the payment of any
money, being the property of any oth
er persons or of any corporation, not
withstanding any of the sid partic
ulars are termed in law a chose in
action, shall be deemed and construed
a felony if or above the value of
$20, and a misdemeanor if below the
'value of $20; and such offender shall
suffer such punishment as if le had
stolen other goods of the like value
with the moneys due on such bond
wvarrant, bill or note, respectively, or
secured thereby and remaining un
It will lie seen that the language of
this section is even stronger for the
position of the defendants than the
section against forgery, whie the
section, No. 154, which defnes breach
of trust with fradulent intent, states
that any of the persons guilty of this
offence shall be deemed guilty of lar
J eny H.
MR. ZIMMERMAN CONFESSES:
He Tells How He Took Bends rrom
Treasurer's Office-A tiful
Ne wst and Courier.
Columbia, February 2.-Daniel
Zimmerman took the stand today ir
the trial of T. J. Gibson, and confess
ed fully and freely how hle had ab
stracted from the state treasurer's
office the bonds of the state. It was
a pitiful scene. The witness said he
was over 66 years old and the he
fendant is over 76. Standing each of
them on the brink of eternity, Zini
merman stood upon the witness stand
and confessed his sins, accusing the
still older man of being his tempter.
Mr. Zimmerman, on questions from
the 'prosecuting attorney, recounted
the transactions and seemed to bc
holding nothing back.
WVhen Zimmerman was offered as ra
witness, the counsel for Gibson, Mr.
Andrew Crawvford, objected on the
ground that lie had within less than
twenty-four hours pleaded guilty to
the charge of forgery and conspiracy.
Judge Crawford was asked by Judge
Pr'ince to produce his authorities and
he did so, reading from Greenleaf,
on evidence, and from a decision of
the late Chief Justice Melver, to
shioiv that such a plea would bar a
witness as incomp)etent. The judig
overruled the objection, saying that
K'-the rule is that a witness who~has
been s.convictod or pleaded guilty is
V.1competent until sentence has been
Spassed upon him, and sentence has
h ~ ot yet passed on Zimmerman. The
plea of gilty\might affect the wit
3 ness' credibility, but not his compe
tee to testify.
~L, Mr. Zimmetman in response to Mr.
"4~ htu'mond 's questions told of hds en
terirg the treasurer'& office during the
,admlnistration of Dr. Bates, contin1
nug therein during, the administra
tion of Dr. Timwmernian and for one
year under Capt. Jehningis. He went
over the books to show how the bonde
were recorded whet eent back for
qrieelaltizo for etchange for or
s bNtifleas.He ws. rer
t6- the ai ok nd pointe4- :
her~ oiid Nos. 744'and 746 -
b Veeeived W 1895a14re4or
iMthe Mk.[ben, in :1901, Ma
bons ~os. 959 'ind 1,45ere se
i btit the books showed again th
sTos. 744 apd'745 ,wez redelved, JFrala
ly. the witness owned up to this ox
ed entry'in his own handwriting. .
iaid there were other entries of t
same sort, how many he did not i
Mr. Zimmerman in the -course
his te4tirnony, said that in order tb
the abstraction of the bonds shot
not.be detected he' advised Gibson
purchase coup6ns, which Gibson tal
ed over to him, and which' he kq
for son'e time, then turned them ov
to 0ibson, who cashed them throu
the banks. In this way the coupo
were held out, and the. failure to bi
ance the interest account Was not i
tected in the treasurer's office.
did not matter to what bonds the cc
pons belonged, as there is no way
ascertain this-fact when they are pi
sented for payment.
He was asked how lie came to col
mit this wrong, and replied that f
two years Mr. Gibson urged him
get some bonds for him; that he ke
putting him off, but finally the ten
tation was too great, and he yield<
He got out a bond and turned it ov
to Mr. Gibson. Then he got othe
Mr. Gibson got the premium on t
bonds, which was about $40 on t
$500 bonds each, and $80 on en
$1,000 bond. - Then later Gibson I
gan to demand rooney from him a
he gave him small amounts from tii
to time, say from $5 to $25 a week
Subjected to Severe Ordeal.
On cross-examination Mr. Zimmi
man was subjected to a very sev(
ordeal. Mr. Crawford plied him- wi
question after question, worded
sarcastic style and intended to shi
that although Zimmerman claim
Gibson to be the author of his wror
doing, yet lie gave Gibson merely
pittance, a small share of the pi
ceeds of their conspiracy.
Mr. Crawford's examination of t
witness was one of the best things
the kind that has been heard in t
Richland court room for a long tir
lie endeavored to-show. that Gibson
a bond broker had no means of kno
ing that the bonds lie received fr
Zimmerman were stolen; that
merely sold them and received I
premium as a commision, while Zi
merman retained the principal; tI
he conducted his negotiations w
Zimmerman in the office of. Gib
and in public places and there was
secrecy. about it. WNritness said
knew Gibson had been for years
bond broker and he never told i
that the bonds were stolen. Gils
said Zimmierman had disposed of
the bonds which lie purloined cxe(
one, and that one he sent to his o'
nlephlew inWsigo, wosold
and senit him- the proceeds less
prmnium, which was the nephev
commuission. His nephuew did not,
said, know that the bond was stol
anud thought it an honest transactil
Gibson sold the other purloined bor
and Mr. Crawford wanted to kn
why Gibson should1( not havec thiout
all the transactions honest also.
Mr. C raw~ford asked Zimmiermanl
le had( b)een advised to plead gui
yesterday and lie said that lie I
and that the suggestion met with
hearty app)roval. He wvas asked if
huopc had been held out to him tl
lie plea0 would lessen his punishne
and lhe said lie had b)eeni told it. woi
be better for himz to do so. His
tornecys .and his son had so Advis
him, but no assurance of this sort lI
b)eenl given him by the prosecuti,
He dlid not knoiw he .would ik put
as a witneCss against Gibson until
ter his p)leai of guilty.
Judge Prince Objects.
Judge Prince objected to the
tur~e of Mr. Crawford 's quest.ion n1
interrupted to say that if any one lI
promised the witness anything in
gard to the .3entence the court woi
impose they had reckoned' with<~
their host; t.hat no one could sp<
for the court.
Mr. Crawford disclaimed any
tention to reflect upon his honor, a1
dedlared lie hiad not desired to lei
any such impression.
Mr. Thurmond, for the prosecuti
assured the court there had been
agreement as to Zimmerman's plea
guilty the day before.
After t:he -conelusion of Mr. Zi
morman 's testiinony several otl
u itnesses were examined. Priva
Secretary Bethea and Clerk, Mitel1
were put up to testify to the entir
in, the (duplicate bond books kept
the offie of the governor and see
tary of state, the .records in th,
books being identical with those
the bond book of thQ treasurer's
Judge J. Fuller Lyon, present be
cleric and Solicitor Tiflmieman tei
fled to their converstior with Gibi
,te during the piogress of their 'iWveOti
.d gation into the loss of the bonds. Gib
ut son had said he. had had frequent
ad ddaling with persons.in the treasur
ed er's iffce in, the past bejes Zim
y, merman, but h had no -ecorde. of
at the ti'ansacti'ons in recent years, ow
at ing. to his inability to writej on ac
k- count of rheumatism.
g- Mr. David H. Means, clerk 'uf the
le sinking fund commission for thirty.
he year,. was put up to testify to cer
-e- tain records of the commission which
showed that at one time, a number of
of years ago, Mr. Gibson, as bond brok
at er, had been engaged to sell for the
ld commission a number of bonds
to amounting to $25,000 and that lie was
n- paid the usual commission and not
pt the premium on the bonds as a corh
gh Pending the arrival of witnesses
ns from Charleston, the court, took a re
il- cost for dinner.
le- Gibson t6 go on the Stand.
It At the convening of court after din
u- ner the state rested its case - and evi
to douce for the defence was begun. Mr.
.e- B. L. Abney, the attorney and counsel
for-the Southerv railway, was the
n- first witness. Ie stated that he had
or knowi Mr. Gibson- for many years,
to had done business with him as bond
pt and stock broker, and had found him
p- straight and reliable. His reputation
d. in the community for integrity was
er good. Similar testimony was given
rs. by Gen. Wilie Jones, president of the
he Palmetto National bank; by W. D.
he Melton, attorifey at law; by W. G.
ch Childs, president of the .Bank of Co
ie- lumbia; by T. H. Meighan, cashier
uid of the Carolina National bank, and
Miss Ruth Gibson, daughter of the
defendant, was the last witness for
the afternoon. She stated that for
the last several years her father's
th health had been poor and she had
done much of his writing, as he did
not have the use of his hand. This is
ed in answer to (le tsetiniony of the
state to the effect that Gibson refus
ed to produce his books showing the
transactions involving the purloined
bonds. Mr. Patrick Cantwell also tes
he tified that he had done some writing
for Gibson since Gibson had Ween dis
e r. Crawford, at 5 o'clock, asked
the indulgence of tie court until to
w-morrow niorning, saying the defen
H dant was the only other witness, and
he that he was so unwell this afternoon
he )artially owilng, to the inclement
m- weather, that lie did not feel that lie
l hOould be piu; on the stand this af
Judge Prince said that in consid
eration of tle defendant's advanced
he age, lie being over 75, and quite fee
a ble, lie would accede to the request and
im adjourn court. until morning. He then
On Wairnled the jurors against discussing
all the case and allowed them to go to
pt their homes for tile night.
It is expected that the Case will be
it conclutded ItomorrowOi morning. The re
lhe maining easec against Gibsoni and Zinm
,n mrman for lareeny breach ofstrust
lie and receiving stolen goods will prob
ably not eA Ilced at tlhis terni, as thle
pros~ecut ion may desire to have t he
~.poin t ra isedi ini thle f'irst case byV Zimn
me10 manu's att Iorneys. passed on by the
ts-ip reme eiMrt before t his onie is tried.
t.y "'Everybody Works But rather."
0(d ''Everybody Works But Father''
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