The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-09-06

iSiot utC-o W po iuStiSAteG ny ptSbtOu anu
political management: rather, than duty
to the State. '''' - IS
I see before me upon your jury, gentle
our society 10 composed, and it is reason-
able to suppose they are representatives
also of all political parties. It Is there
that In the Investigation of these cases
you remember the solemn and searchinp
language of your oath. "That you pre-.
sent no one for envy, hatred or malice,
nor leave any one unpresentsd for fear,
favor, affection, reward, or li6pea there
Of" &C.. 1t will not do 10 mako any
mistake in this matter. The guilty par
ties, if any such there be, must not escape
through your fA;lure of duty, nor, on the
other land must the innocent suffer at
your hands by reason Of prejudice, how
ever well founded. g....4
While have felt it my duty to say
this muc., gentlemen, o long experience
of the proceedings of courts Of justice,
and intimate acquaintance with the stuff
of which our juries is composed, easure
me fully that if they err, it 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, though SEEM
ing mors amiable, is not the less wrong
to the public and violation of the duty
of jurors, and it is my duty to warn you
against this amiRble error, when you COME
to vote upon your findings in the jury
room. itia i5!i.,i ii.; f,....-.ya.
Gentlemen of the jury, remember your
Qaths, and present all things truly Accord
ing to the best of your understanding.
This the country expects, and has right
to expect, of you, and this have entire
confidence you will faithfully do in all
instances, and so merit and receive the
applause of all good and true men, mot
only here, but in all parts Of the coustry
for the proceedings of your buay a5e
invested with an Importance that concen-
trates upon you the country's gaze. This
importance, gentlemen, renders it neCes-
sary that should apologize for the length
of this charge. ,.s r. sorc
Judge Kershaw mere took up the. in
dictments seTiafim, end continued his
charge by calling the attention of the
jury to the points involved in each. i,4
: The frat indictment was against r. 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, 1879, 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 wefe
attached to bonds which were still on file
in the public office in charge of the
treasurer, and which. had never been is
sued. It is charged that the treasurer
funded some of these unissued and un-
cancelled bonds. - q" '7'
The second indictment is case 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, fer conspiracy 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 treasurers
Office. These we're false coupons, and ell
whc conspired together either facitly or
expressly in procuring this thing to be
done, and their agents, will be equally
guilty of q conspiracy. rri '.7 ),
The third indictment is for breach OF
duty charged against the State Treasurer,
and consists ofneglect an6 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 paused,
and had passed into the hands of proba-
bly, innocent holders; these we're 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 the State
Treasurer funded these to the amount
above given.
The fourth indictment IS against the
former treasurer, Niles G.. Parker, and
other public officers, for conspiracy in the
matter of these last mentioned coupons,
to wit, detached coupons from conversion
bonds. ,''i1''b an
The fifth indictment is against the late
Comptroller, II. G. 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 General,
officially countersign certain bonds which
were fraudulent. hii '"l'' r"2iiin Z"
The sixth indictment is on the same
facts against T. G. Dunn and others for o
conspiracy to cheat the State in the mat
ter claimed in the first class.
The seventh Indictment is against the
late Treasure. Cardozo for violation of
duty in issuing the Consolidation bonds
and stock which ware 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. ~ .,ir .,{l,.
Tho 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 1875 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. ,,,...,... ,;.,i ,;..-.
The ninth Indictment is against tho
late Comptroller General for issuing q
warrant on the treasurer In like violation
of the act last above referred to-, 8, ihqf
Theae ;s,A;n+n,entA sre-a thaf, .hanll1d
to the grand jury. Messrs. Cochran and
and T. S. Caveuder, j. L. Little, II. T.
Tappan, j. o. .7Lsdd and JambsS rWellt
were sworn as witnesses, and the jury re-
tired. .;,,s j, ,,,;,.f,,.' ....,,,, In
?. Ovens, s. L. Hoge, f. T. Cardozo
Theodore Davidson and IT. g. Dunn al
| = Al.