The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-20

DuU w oonooA houscS pay tue Otate IN
dollars? Do orphan houses pay the State?
Does the Asylum or the Penitentiary
pay? Don't pay in dollars; but the ex-
posure of this fnud hos already saved
the State hundreds of thousands Of dol
lars. He was surprised Mt Mr.. Youmans'
TRADE against the press; says he was not
warranted in it. Explained why the
State asks judgment for 1926 ZOO, in
stead of $3.50, 900, because the coupons
and bonds are only worth to the State
fifty cents on the dollar. The State did
not pretend to say whether Parker or
kimpton took the coupons, but holds
Niles G. Parker; found that the fraud
was perpctrated on the coupons paid by
Kimpton; he told them this; was not
bound to moro closely define them.
Suppose bank was robbed, would it
have to describe the bills before it could
get them back? Can find no authority
for this. To what straight has defence
come, when they have to resort to such
things as this? While he and Dunn were
trying to get ut Parker's over-issue of
conversion, they came across this fraud:
would not have put him in jnil had he
believed Parker would Lave stayed here
for trial. The reason why he did not
try Mt the May term was because the suit
was not concluded until April. 1t took
ACuA NCCho W CAulllluC HlIlDtOn, UlUn
have time to try Mt the Mny term; Parker
took ten full days to ask two insigniti-
cant cross-interrogatories, and the COM
mission was not returned till Monday
before the trial. Bail is proportional to
the amount; if he don't want big bail,
he must not take so much. Senior coun-
sci knows how the doors flew open when
he went to the State House. The State
is the one who has had to worm it out;
no counsel lnd more astutc, thoroughly
Informed client than G. u. Melton; this
Is no prosecution, it is civil action for
fraud; lie only asks Parker to give back
what he has taken; asks if he has not
proved all he said he would; said that
the rules of evidence i'll criminal cases
don't apply to civil cases involving
fraud. Read from Starkie's Evidence.
Parker says not n word after he has made
out strong printu tdcie case; the result
OF the authorities governing the evidence
OF this case seemed to be that the law
would raise every presumption of inno-
cence until the State has made out n
good pri'n1 .fdCie case; when the case,
thus made out, must be rebuttcd, and
that fraud may be inferred from facts
pointing to fraud, and that the proof was
not strengthened by multiplying circum-
stances Col Rion had given nineteen
independent propositions, to which the
doctrine of the chnin in circumstantial
evidence does not apply; exhibited
drawing of Parkers head, with many
arrows pointing Mt it, to show what he
meant by independent circumstantinl
evidence; he said you might take one or
dozen away, and the rest would point
at Parker; the fact that the answer of
Parker is sworn to, is nothing but SIM
pie verihcation and hns no weight;
likens Parker's want Of defence to the
opossum, feigning death; the Lord knows
what he put the cuttlo-fish in the water
for, but lie didn't; ;Parkcr's counsel, like
the cuttle-tish, has been trying to blind
the jury's eyes, and when this happens,
Parker will scamper of. He then drew the
distinction between valid and invalid
bonds and coupons, saying that IL bond
niay be valid and the coupons invalid;
!. e., the coupons fall due while in the
hands of the State, and rice rersa, when
the bonds have been returned, but the
coupons are uncanccllcd; says he wants
to give public recognition that the bonds
IN the treasury are not properly can
celled, because the coupons are not; he
said he was surprised because of Ki1p-
tons testimony, but he was not dis
pleased; but he didn't expect Kimpton
to define these coupons; if kimpton had
kept memorandum of these coupons,
Parker would have known it and would
not have undertaken to take them;
Kimpton told more thnn they expected !;
that was the reason they asked for time; !;
he likes such surprises; the defendants
counsel said that tho case turned upon
the interest account; he said that Car
dozo's pockets were full of papers
or the defence, although called.
His Honor Judge Carpenter charged
the jury, in substance. rs follows: /.
With the proceedings had prior to the
trial-the summons and complaint, an
swer, the amended nomplaint, the failure
of the State to try this case at the May
term, and the imprisonment Of debt, the
jury, &c.-I have nothing to do. 2. Free
speech and free press IRE inseparable
to a free people, but this jury should not
be influenced in this case. by any COM
monts Of the press or by the opinions of
individuals, but should be guided en-
tirely by tho sworn testimony of the wit
nocroc M, tho cfopd That &f,;e xvoc