Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-04-27
both sides, the declarations were ruled out BY

both sides, the declarations were ruled out BY
1.-THE Court.
Upon the couvening of the Court on Friday
lnorning, Mr.. W.,B. Burnett, foreman Of the
GRAND jury preceding the one recently empan-
nAlled, being sworn, took the stand. The aim
od( the part of the States counsel was to
prdlve by him, who had examined the books
and( papers of the Treasurer's office in the ca
paciEy of grand juror, that the defendant
had tpaid school certificates which the record
shoHfed had already been paid. A long dis
cushion took place between opposing counsel,
upod the point whether or not the witness be
required to answer a:question, propounded by
the Jcounsel for the defendant, as to the source
frotfn whence he derived the information upon
which he made his afidavits against the de-
feudant. The Court decided that, as he was
grand juror, he was not required to answer
the question.
MI. J. M. Brawley, County Auditor, was
examined for a long time, but his testimony
developed no fact of any material Importance.
The State proved by him the stamp that the
defendant was accustomed to use in cancel
ling certificates after their payment.
Two or three teachers Of public schools, in
whose favor school certificates had been is-
sued,y were placed upon the stand by the
State to prove the payment of these certli-
Gates by ex-Treasurer Hemphill, when the
records of the Office established the fact of
their payment also by the defendant. The
counsel for the State having endeavored to
show, to the satisfaction'of the jury, that the
defendant had paid certificates which had al
ready been paid by his predecessor in Office,
their energies we're next directed to showing
that he (the defendant) was party to the
abstraction of those paid certificates from the
TreasGrer's Office Their purpose was to
prove this fact by the testimony of John Lii
", penitentiary convict. He was brought
into Court Friday night for the purpose of
testifying in the case. The counsel for the
defendant objected to his testimony on the
ground that he had been convicted of crime,
and was then serving his sentence in the Pen
itentiary. A communication was read from
Governor Chamberlain, giving to the presid-
ing Judge the right and power of pardoning
Lilly, If, in his Judgment, the ends of public
Justice would be subserved thereby. Judge
Northrop declined taking the responsibility
of exercising the pardoning power. Conse-
quently, Solicitor Mackey took the train the
same night for Columbia with the view of
obtaining an unconditional pardon from the
Governor for Lilly.
On Saturday morning, upon the convening
Of the Court, G. S. Brice, Esq, who was as.
soeiated with the Solicitor in the conduct of
the case, moved, after statement of his rea'
sons, for an adjournment until o'clock. Mr..
Youmans, of the counsel for the defense,
made strong argument in opposition to the
motion, but the Court decided in favor Of the
State. At the afternoon session, Solicitor
Msckey, who had returned from Columbia,
was present, and stated bis inability to secure
an unconditional pardon from the Governor
for Lilly. When he (Lilly) was brought into
Court, he retired to a jury-room to hold a
conference with his friend, Speaker Elliott.
Returning in q short time, he announced to
the Court his determination of refusing to tes-
tify unless an unconditional pardon be given
him Upon the motion of the Solicitor, he
was taken back to Jail, to be returned again
to the penitentiary. '-' .'.
Testimony in the case proceeding, F. B.
Lloyd. School Commissioner, testified to the
employment, by the defendant of agents, for
the purchase of school certificates. He was
subjected to long cross-examination by the
counsel for the defense, but no developments
of any consequence were brought to light.
James Kinard testified to being at John Lii
ly's house, on one occasion, when lot of
school certificates vera handed him hS- I iillg
with the request that he (Kinard) assort them.
The declarations made by Lilly, at the time,
with reference to the defendant, upon giving
the certificates to witness, were objected to by
the counsel for the defense. There was then
an adjournment of the Court until 10 o'clock,
this morning, when, upon its reassembling, a
notorious political character, Ben Michael,
was placed upon the stand. He testified to
the intimate relationship that existed between
the defendant and John Lilly; to their sleep
ing together, and eating at the same table.
He testified to seeing large lot of school GER
tifcates in the possession of John Lilly, and
to seeing him (Lilly) Immediately afterward
enter defendants Office, and to his remaining
there for some time. He also swore to his
(Michael's) selling the defendantseveral school
certificates, only day or two previous to the
payment of these claims by the defendant as
county treasurer. The testimony of the wit
ness was exceedingly damaging to the defen-
daut. the effect of which his counsel endeav-
ored to remove by proving, by the witness,
his own bad character.
George DeGrafenreid, telegraph opera
tor at this place, being sworn, read some tele-
grams respecting school certificates, that
passed between John Li!lv and the defendant,
while the latter was in Columbia on one oc-
casion.
J.'L. Young testified to the placing in his
possession of considerable number of school
claims, by John Lilly, to secure the loan of
some money, which, after examination, proved
to be fraudulent The case will, in all prob
ability, not come to a conclusion before to-
morrow. At the present writing the prospects
for mistrial are exceedingly good. QU1
tos;l