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LYON 31AlES REPLY TO BLEASE. f
Sends" Statement on Black Case to v
Legislature-Answers Blease's n
Questions and Asks Some o
Columbia, ":eb. i.- -At:orney Gen- a
eral J. Fraser Lyon tonight sent to
the general assembly his reply to
Governor Blease's .statement to the
senate, tranvmitted to that body lastLi
night, in defence of his pardoning of,
John Black, who was convicted of
conspiracy to defraud the State ine
connection with old dispensary affairs.
The governor's statement was pub- c,
lished in the press some time ago, butI b
the attorney general took no notice o
of it at the time, as it was not official. h
The official statement was sent to o
the senate last night and received as I
information by that body, and the fol- tl
lowing is Attorney General Lyon's re- p
Attorney General's Statement. p,
"To the General Assembly of the tl
state of South Carolina: In view of tl
the reasons assigned by the governor i
for granting a full pardon to John f
Black, I deem it proper to further re- a;
port to your honorable body upon this t<
ease. My attention was called to the ti
reasons assigned since my annual re
port was delivered to the printer. In-1 I
asmuch as the governor, in attempting
justification for exercising executive
clemency to John Black, convicted by c<
a jury of Chester county for conspir- ti
ing to defraud the State, undertakes b:
to reflect upon me as an affiocer, as!s]
well as personally, I deem it proper w
to submit this, an additional report, Y
in order that your records may carry sf
a correction of these statements and e:
insinuations of the governor, which b;
have no foundation in fact. In one a1
sentence of the governor's report he
Quotes Blease. C
'After reading caref':lly the testi- is
mony given in this -case and the h
charge delivered by the attorney pre- tE
aiding as special judge, in my opinion cl
John Black should have been acquit- p
ted," and in another, "if the jury had fi
convicted all I would not have inter- d
"If both of these statements are '
true, the governor would have* allow
ed three to be unjustly punished. Still,
he was not willing to see only one un- ce
justly punished. Directing your at- t
tention to these two statements R
which are manifestly irreconcilableE
with justice, may be considered suffi- ti
eient to show the real character of t
all the reasons assigned. But I think a:
it well to further inform your honor- tp
able body upon this subject, after a:
stating the fact that the evidence 11
against Black was decidedly stronger C
than against the other two defendants, n
with whom he was tried, because the! d!
checks which he received in consum-! ir
mation of the supremacy to defraud a:
the State, one of which was for $5,- hi
000, with his signature thereon, were ti
in evidence and contradicted, as well t
as the bank notes, which showed the
actual receipt of the graft money.
"The governor says that Black was jb
not permitted or given the opportunity o:
of paying a fine, .and this is true, so~ ti
far as the action of the court was con- B
cerned, but under the sonstitution the f<
governor is given authority to substi- t
tute a fine for imprisonment and he l
did so in this very case against Black, Ia
substituting a fine of $2,000 instead'of Y
imprisonment in the penitentiary, but a:
-inalIy a full pardon was grantzd. Hasc
the governor over-looked his own act I'
in this case? t
"The statement that 'notwithstand-- ci
ing the immunity for pitiful sums, I
given to those foreigners, who havec
sworn in public court that they had
bribed and robbed the taxpayers of!
-South Carolina out of hundreds of tc
thousands of dollars, the money was tc
given back to thema and all of it in P
the name of the State of South Caro- 1
1hrs is untrue in so far that it states e'
that money was paid for immunity and fE
the money paid back, and the gover
nor can not offer any evidence to sub
sta,ntiate the truth of this statement. a.
Declares it Untrue.f
"It is likewise untrue that prejudic- b
ed political and personal enemies at-s
tempted to heap humiliation on this P
man, and while the governor may be1 a
satisfied that, because of a .personallo
difficulty with one of the State offi- i
ers of this State, this man was made S
a scapegoat of the entire dispensary e
regime,' this statement is also with- t
out color of truth.
"The governor says: "Somebody s
must be punis? ed to save some peo- s
ple's political reputation; a convic- s
tion must be had; who shall it be? Of
.course, the man who cursed the learn- r
ed attorney general to his face upon t
the street, and it was not personally t
resented.' No person of reasonable a
fair mind will believe that a jury of a
12 men of Chester, with whom I was j
- esnally acnuainted, would wil-' f
illy perjure themselves to gratify any J
ersonal ill will I may have had to
-ard this defendant, and in this con
ection I will say that I am conscious
f no personal ill will towards the de
)ndant, as I have never, under any
ircumstances, had a personal trans
ction with him.
Recalls Black's Threats. V
"It is true that the defendant, while i
was performing my duty as a mem
er of the legislative investigation t
ommittee, did, while in company with c
ne whom I have since been inform-'
d, is a brother, threaten and offer to t
o me personal violence because his i
:nduct as a dispensary official was i
eing probed, and that he did on that
ccasion use language which would
ave been offensive had it come from t
e not similarly circumstanced. Still, t
have never thought it necessary for
ie defence of my honor to engage in
tysical encounters with any of those
ho were offended by reason of ex- t
:sure, or impending exposure, -
trough my activities in investigating "
teir conduct as dispensary officials.
is probable that this de
ndant, together with many, if not
1, dispensary grafters, bear ill will
wards me, still I am confident that
te law-abiding people of the State
il esteem me no less for the enemies
Not Transferred to Chester.
"The governor asks: "Why was the
se transferred to Chester; why left
iere, why was it not tried in Colum
a, or in the same circuit, at Ker
iaw, or if it must be the 6th circuit,
hy not at Lancaster or Fairfield, qr
ork, why was it absolutely neces
try to go to Chester; why was it nec
;sary to try it at that particular court
y a specially picked and appointed
:torney to preside?"
"This contains an untrue statement
he case was not transferred to
hester.' It was commenced there or
;inally. It was not brought in Co
imbia, because one jury had acquit
d Farnum, on substantially the same
iarge and evidence to which he
leaded guilty after his acquittal. And,
irther, another jury had one of the
ispensary graft cases withdrawn by iC
ie judge, because his instructions t
"Other Reasons," Also- a
"Other reasons which are not sur'- e
ptible of proof induced the wish to I
7 the case in a county other than 9
ichland. The case was not tried int
lershaw for the very good reason that jn
e Kershaw court had no jurisdiction
try it, there being no evidence that J
ay part of the offence was commit- e
d in that county. The same is true "
to Lancaster, Fairfield and York.
was necessary to try the case in
hester because the crime was cam
itted there and that court had juris
iction. If for any reason conditions
tChester were such that the defend
at could have not a fair trial there,
e had the right to move the court to
ansfer the case to some other coun- 0
r in the circuit, but no such motion e
'as made or suggested.
Defense Asked Delay. a
"The case would have been tried!
fore Judge Shipp, at the June term
the Chester court, but for the mo- 12
on to continue made on behal1f of! b
lack, which resulted in the trial be- 0
re Judge Moore, in November. Cer- t
inly, these are matters of which at
wyer of great experience in crimin-t
cases should be aware. If Judge t
oore was an especially picked and
ppointed attorney to preside in this d
tse, it was without my knowledge.
believe Judge Moore was appointed
preside over the courts of that cir
lt solely for his ability and integ
ty and without reference to .dlack'st
tse. I ahl also of the opinion that
s charge and rulings in this case 'I
ere without error and perfectly fair a
the defendant, otherwise the appeal ~
the supreme court would have been ,.
~rfected and the errors, if any, cor
eted. The governor's pardon, how-. I
rer, intervened and relieved the de-t
ndant from further annoyance. I
Law Enows no Caste. a
"If it be true that Black is of ex
ted lineage, of highi and aristocratic5
mily, and that he has been honorel
r the people of his community, this A
iould not render him immune from
inishment for defrauding the State,
d he should suffer just as a plain,
linary person in like cases offend- a
ig. Indeed, it is my view that heif
aould be held to a more rigid ac
>unLt by reason of the possession of
"The governor further asks: 'Why
b.ould he (Black) be kept for theJ
laughter, when foreigners, from out
ide of the State, who came into the
tate, were turned loose and given im
iunity, notwithstanding the fact that
bey admitted that they had attempted
bribe, and did bribe, State officers,
nd notwithstanding the fa.ct that in
.11 trials upon such testimony the
uies have heretofore acquitted, or
.n d o agree, exept in the ease of
Reasons for Immunity.
"Persons outside of the State were
;iven immunity because they gave evi
ence of the briberies and conspira
ies, because they could not sell their
iquors without paying the officers of
he State rebates o: bribe money,
hich was demanded of them, and
ecause they w"ere not officers of the
tate, who had taken oath t,o ieep a
rust reposed in them. The officers
f the State, as far as possible, were
rosecuted, because they had betrayed
he trust reposed in them by defraud
ag the people of the State, whose
Zterests they were specially commis
ion<d to protect.
"I do not de:-m it n-cessary to refer
all of the misleading statements of
he governor with reference to this!
ase. Still, I think your honorable
ody should have this information, in
rder that you may not be misled by
.e governor's statemnent."
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Attacks School PrincipaL
A severe attack on school principal, I
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WM. E. PELHAM[ & SON.'
TATE OF SOUTH CilROLINA,I
COUNTY OF NEWBERRY.
By Frank M. Schumpert, Esquire,
WHEREAS, George D. F. Lyles hath
iade suit to me to grant him letters
f administration of the estate of and
fects of Carrie Lyles,
THESE ARE THEREFORE to cite
nd admonish all an'd singular the kin
red and creditors of the said Carrie
yles, deceased, that they be and ap
ear before me, in the Court of Pro
ate, to be held at Newberry, S. C.,
a the 15th day of February, next af
3r publication thereof, at 11 o'clock in
re forenoon, to show cause, if any
ey have, why the said administra
on should not be granted.
GIVEN under my hand, this 29th
ay of January, Anno Domini, 1912.
Frank M. Schumpert,
J. P. N. C.
Kills a Murderer.
A merciless murderer is Appendici
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ipation, headache. billiousness.
lills. 2he. at W. E. Pelham's,
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'housands bless them for curing stom
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.SSESSUENT OF PERSONAL PROP-I
EETY FOR FISCAL TEAR 1912.
I, or an autNorize,J agent, will bem
t the following places r.amed below
r the purpose of taking returns of
ersonal property for fiscal year 1912:
Newberry, January 1 to 9, inclusive.
Kinard, Wednesday, January 10. C
Whitmire, Thursday and Friday,
anuary 11 and 12. aft<
Jolly Street, Monday, January 15. cer
Pomaria, Tuesday, January 16. fr
Walton, Wednesday, January 17. the
Glymphville, Thursday, January 18. ']
Maybinton, Friday, January 19. ed
Prosperity, Monday and Tuesday, gas
anuary 22 and 23. cor
,Lttle Mountain, Wednesday, Janu- ']
ry 24. ' fift
OvNe..n Tm.radar Annr 25 . to
In PO OUR
Copyri 1909. by C
than with the l
your boy in ti
by opening a sa
him. We soli<
"The Bank 7hatAl
Jas. Mcintosh, President
- 2 Th2~0I~(R COMPA 2
SEND FOR MON
Learn the many reasons for Monarch s
onvinced that Mouarch merit rests in
ell you about it.
onarch machines may be purchased c
will bring full information.
.Lukes, Friday, January 26. I>ug~ not rturT
igshores, Monday, January 29. Inot be considerm
rlerstreet, Tuedday, .lanuary 30. of the courts of
hppells, Wednesday, January 31. All male pers'
n at Newberry until February 20, ->f 21 and 60 yE
~which date a penalty of 50 per poll tax, except
.will be added against all persons, or those persom
sor corporations failing to make a support from
rreturns. from anly other
'h law requires a tax to be charg. Nothing but p
on all moneys, notes and mort. be assessed this
e, also an income tax on gross in.. wh~o hav bougb
s in excess of $2,500. 'tate since la.st r
're shall be a capitation tax of note sneh trans
cents on all dogs, the proceeds for 1912
BOY TODAY ment
E. Zimmerman Co.--No. 28
1ew Year to start
1e right direction
vings account for
:it your business.
vays Has The Money"
. - $50,000.00
J. E. Norwood, Cashier
"NO THRE O'CLOCK FATIGUE"
The quiet, unruffled, selfish ope
rator, whose work is -always. on
time-the one who shows no trace
of "nerves" at the end of her dayI9s
1 work-finds in one of the exclusive.
features of the Monarch Typewriter
her greatest aid to promptness and
assurance against "3 o'clock -fa
tigue." That feature is
uperiority. Then try the Monarch, and be
Lhe machine itself, not merely in what we
n the Monthly Payment Plan. A post card 4 .
ed for taxation shall its true value," which is construed t
d as property in any; mean "the sum of money for which
this state. such property, under ordinary ci
ns between the ages' cumstances, would sell for cash."
ars are liable to pay Pleae -do not ask that your prop
Confederate soldiers, erty be taken from the auditor's du
incapable of earning plica?te the same as last return, for
being maimed or' the law requires that all property
cause. must be listed on regular tax return
3rsonal property is to blaLuk ap.d signed and sworn to by
year, but all persons person listing same.
or sold any real es- Newberry, S. C.
etun are required to Name of township and school dis
ers on their returns ic. must be giv'en on every return.
EUG. S. WERTS.