The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-05-04
A REMARKABLE PARDON.


A REMARKABLE PARDON.
The following is the application for
the pardon of John Lilley, and the con-
dition upon which it was granted, togeth-
er with Gov. Chamberlain's letter to
Judge Northrop in relation thereto:
CHESTER, s. c., April II, 1876.
TO His Ercellency d. II. Chamberlain,
Governor of South Carolina:
SIR-We, the undersigned, acting
herein in behalf of what we conceive
to be the due administration of the law
and in furtherance cf the ends of public
Justice, beg leave respectfully to apply to
your ExceIlency for the pardon Of John
Lilley, who was convicted of grand lar
ceny at the January term, 1876, of the
Court of Sessions for the County of Ches-
ter, and sentenced for the term of nine
years to the State Pcnitentiary, and we
solicit the pardon in this instance solely
upon the following grounds, to wit:
1st. Benjamin G. Yocum, Treasurer of
the County of Chester, is now under
indictment in the Court of Sessions for
said county on the charge (among others)
of breach of trust and larceny for having
fraudulently, as county treasurer, appro-
priated to his own use q large sum OF the
moneys of said county which had come
into his hands as treasurer to be applied
and paid out by him, as provided by law,
for the payment of all school claims due
prior to November l, 1873, and that the
said John Lilley is very material wit
ness for the State to prove the facts rs
alleged. =,
I'd: the State expects to prove by said
John Lilley-
(a) That on about the 10th day of
May, 1875, the said B. G. Yocum fraudu-
lently distracted from the Office of the
county treasurer of said county one or
more packages of what is known as
teachers pay certificates, for the years
1871, 1872 and 1873, which said certif-
Gates had already been paid, as he well
knew, by his predecessor in office, large
portion of which had not been cancelled ;
that he, the said B. G.. Yocum, delivered
the said package or packages to said
John Lilley, with instructions to select
therefrom all certificates which were un-
cancelled that said Lilley did, in fact,
make such selection and informed said
Yocum of the result, delivering back to
Yocum said certificates as were cancelled,
and at the request of Yocum retaining
such as were uncancelled.
(b) That the arrangement between the
said Lilley and Yocum was, that Yocum,
as treasurer as aforesaid, was to pay said
uncancelled certificates out of the school
fund of said county when the same should
thereafter be received by him; and the
amount paid on said uncancelled certih-
Gates to be divided between said Yocum
and said Lilley.
(c) That on Monday, the 18th of May,
1875, said B. G. Yocum went to Colum-
bia and received from the treasurer OF
said State $2,S13 70, which, with the
sum of 81 1897 poll tax collected by him
in said county, making in all A,7O0 20,
to be applied by him as treasurer to the
payment of school claims due as afore-
said that on Friday night, the 21st Of
May, 1875, said Yocum returned from
Columbia, and on Sunday, the 23d OF
May, of the same year, had an interview
with said Lilley at his (Yocum's) resi-.
dence, in Chester, and he (Yocum(
cashed and paid in full to himself and
said Lilley about $500 of the certificates
so fraudulently distracted from his own
Office by the said Yocum, he Yocum)
receiving one-half thereof; and, further,
that said Yocum, at the same time, also
paid to said Lilley'some 5000 or 800 fol
valid certificates which said Lilley had
purchased for said Yocum, county treasu-
rer aforesaid, at the instance and request
of said Yocum.
Sd. That said Lilley will be corrobo.
rated in the following manner, in several
material points, to wit:
(a) By James J. Kinard, who assorted
at least one of the packages of certificates
given by Yocum to Lilley, and wrote
pretended assignments across several Of
them to said John Lilley.
(b) By David Hcmphill, Yocum's pre-
decessor in Office as county treasurer, who
will prove that he turned over said Ger.
tificates, so abstracted, to said Yocum,
and that said certificates had already
been paid by him, the said David Hemp
hill.
(c) By several of the teachers of the
public schools of said county, that Ger:
tifcates paid by Yocum out of the fund
so received by him had been previously
paid by said David Hemphill.
(d) By Yocum's account with the Ma
tional Bank of Chester, which will show
that on May oath, 1875, before Yocum
had paid certificates to any other person
than said Lilley, he, the said Yocum
had overdrawn his account with sald
bank, at least 81 300; that on May 24th
that he (Yocum) deposited $4,000 in said
bank, and on May 24th and 25th paid
out on account of pay certificates. by
checks on said bank, 81, ,799 10, which is
the entire amount shown by bank
account to have been paid out by him
including a check to the said John Lilley
for S159 so, his (Yocum's) books as
treasurer at the same time showing thai
on the oath and 25th of May, 1875, he
claims credit for about 81 200 paid out
for pay certificates.
In addition, we would state that there
are several other minor facts and circum.
stances, unimportant in themselves, but
which taken in connection with the fore
going facts tend to corroboratc Lillcy's
testimony.
We would also suggest that the pardon
herein asked for, if granted, be forwarded
to lis to be delivered to said John Lilley
upon the express condition that he testify
in this case in good faith. Very respect
fully, your obedient servants,
A. NJ. MACKEY,
Solicitor Sixth Circuit.
CHARLES S. BRIcE,
OfCounsel for the State.