The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-09-06
reformers to be instigated by passion and
political management rather than duty
to the State.

|
to the State, t....... H.,
I see before me upon your jury, gentle.
men. representatives ofall classes of which
our society is composed, and it is reason
able to suppose they are representatives
also of all political parties: It is there.
fore my duty, gentlemen, to warn you
that in the Investigation of these cases
YOU remember the solemn and searching
language of your oath. "That you pre-
sent no one for envy, hatred OF malice,
nor leave any one unpresented for tear,
favor, affection, reward, or hopes there
Off &c. It will not do to make any
mistake in. this matter. The guilty par
ties, if any such there be, must not escape
through your failure of duty, nor, on, the
other hand must the innocent suffer at
your hands by reason of prejudice, how
ever we'll founded. .fi .;.-s...esI
While 1 have felt it my duty to say
this much, gentlemen, long experience
of the proceedings of courts of justice,
and intimate acquaintance with the stuff
of which our juries is composed, assure
me fully that If they err, 1t is most apt to
be upon the side Of mercy; that they are
more likely to let the guilty escape than
the innocent suffer. This; ithoug h SEEM
| ing more amiable, isnot the less a wrong
to the public and violation of the duty
of Jurors, and tits my duty to warn you
against this amiable error, when you come
to vote upon your findings in the jury
room. ."jf.a .s. t'f9i iiiT ,"''i:'i=
Gentlemen of the jury, remember your
oaths, and present all things truly accord'
| ing ITO the best of your understanding.
This the country expects, andihas right
TO expect, ofyou, and this ,l:have entire
confidence you will faithfully do in all
instances. and so merit and receive the
applause of all good and true men, mot
oniy here, but in all parts of the country
for the proceedings rofyour body are
invested with animportance that concen-
trates upon you the country's gaze. This
Importance gentlemen, renders lit neces-
sary that should apologize for the length
of this charge ,,-a f3:;i or ~ =; @t.iee
Judge Kershaw here took up the. in
dictnents seriatina, and continued his
charge by calling the attention Iof the
Jury to the points involved in each. ':if
The first indictment was against F. L..
Cardozo as State Treasurer, and was for
neglect and violation of his duty as a
public officer under the provisions of the
act of 22d December, 1873, better known
as the funding act It is charged that
Cardozo. the then State Treasurer, who
was charged with the duty of, funding the
debt of the State, did, in violation OF his
duty, fund certain coupons which were
not authorized to be funded These cou-
pons were not due by the State, and were
attached to bonds which were still on file
in the public Office in charge of the
treasurer, and which. had never been is
sued. tt is charged that the treasurer
funded some of these unissued and un-
cancelled bonds. = ''"f go :: ,,'' '',I'.
The second Indictment is aicase against
sundry public officers of the State (all
the public officers, perhaps, who were
charged with the, duty of funding the
debt in the manner provided for by the
act, for conspiracyt to cheat and defraud
the public by participating in the act
already spoken of, to wit: Funding the
coupons of bonds which, had never been
issued, and which were in the treasurer,s
Office. These were false coupons, and all
who conspired together either tacitly or
expressly in procuring this thing to be
done, aud their agents, will be equally
guilty of a conspiracy. y. y -, !.
The third Indictment is for breach OF
duty charged against the State Treasurer,
and consists ofneglect and refusal to per-
form his duty by receiving detached con-
pons of commission bonds, marked in
blue" to the amount of $3.50. Certain
of the commission bonds had been passed,
and had passed into the hands Of proba-
bly innocent holders; these were author
lied to be funded, but there were certain
others of them marked in blue" which
were not authorized to be issued, aud
these constituted no charge upon the
State. They had never passed out of the
State, and yet it is charged that tthe State
Treasurer funded these to the amounl (
above given. 3D.. -
The fourth Indictment is against the
former treasurer, Miles G. Parker, and
other public officers, for conspiracy in the
matter of these last mentioned coupons,
to wit, detached coupons from conversion
| bonds.
The fifth Indictment is against the late
Comptroller, IT. C.;Dunn Individually;
for his refusal and neglect to perform the
duties imposed upon him by the act OF
December, 1873, in that he, without au-
thority of law under that act; and in
direct violation of its provisions, and in
neglect of his duty to protect the interests
of the State, did, as Comptroller Genera,
officially countersign certain bonds which
were fraudulent. .'''' '''..'' - "
The sixth indictment is on the same
facts against T. G. Dunn and others for a
conspiracy to cheat the State in the mat
ter claimed in the first class.
The seventh indictment is against the
late Treasurer Cardozo for violation of
duty in issuing the Consolidation bonds
and stock which were the subject of the
previous Indictment. The parties are
first indicted for receiving the coupons,
and next for passing the bonds in ex-
change for them. ..aa =! ,,
The eighth Indictment is against the
late treasurer for diverting the tax ap-
preparation; for the illegal payment Of
claims for failing to comply with the
act of 1876 to raise supplies, and divert.
ing the tax to certain purposes not con-
templated by the appropriation act. The
Legislature of 1876 made it q penal
offence to divert any part Of the tax, and
it is charged that it was by him SO di'
verted. - ........ li.... i,.;: -
The ninth Indictment is against the
late Comptroller General for issuing a
warrant on the treasurer in like violation
of the act last above referred to- a ld9i
These indictments were then handed
to the grand jury. Messrs. Cochran and
Meetz, of the investigating committee
and T. S. Cavender, J. L. Little, 81. j.
Tappan, ]. O. Ladd and James Wells
were sworn as witnesses, and the jury re-
tired. .:.,.... .r:a.,....,ss..,r, IL
P. Owens, S. L. Hoge, F. L. Cardozo
Thoodora Da wilson and n C. Dunn al