The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1883-02-08
THE WHITES CASE.
4 MIsTRIAL.

a MiSTR1Al4.
4 There were two indictments against
Mr.. Whites; one for Failing to Turn
over Public Moneys to his Successor
! in Office, the other for Breach eff Trust
with Fraudulent Intent. He was tried
under the former on Tuesday after
noon. The State was represented by
Solicitor Dancan; the defendant by
/ Messrs. Y. j. Pope and o. i. Schuni-
pert. The jury was composed of the
following men: s. S. Paysinger, Fore
man, John w. Hargrove, P. N. Dem
son, Ben. F. Halfacre, Asa w. Oxner,
Erne, Sigh, Godfrey Harmon, j. Yam
cey sfloyd, Jno. S. Enlow, Jno. S.
Werts, Edmund Abrams, (eol.) and j.
f. Burton.
The trial began at 2.l5 O'Clock. Mr..
A. III. Wheeler, sworn for the State,
said that he was commissioned as sue
cessor to Mr.. Whites in the office Of
County Treasurer, on the Doth OF April,
1882. That he entered upon the dis
charge of his duties as treasurer, on
the 4th OF May, 1882; that Mr.. Whites
did not within 30 days from that time.
turn over to him any public moneys,
and that he has not yet done so.
Mr.. Winthrop Williams, the next
witness for the State, said that he has
held the position of Chief Clerk in the
Comptroller General office, ever since
1877. That he came to Newberry on
the 23d of October, 1882, in obedience
to the orders of Gen. Bratton; that
he went to the Auditors Office and
made out settlement sheet showing:
Mr.. Whites account with the State.
and County; that this sheet showed
that Mr.. Whites was about $4,000 be-
hind. That he showed this sheet to
.Mr. Whites who, after examining it
critically. Mr.. Williams your
statement is substantially correct y
That Whites then said he was entitled
TO certain credits amounting to about
5000. That he and Whites went over
the sheet together :; that the sheet
showed Whites indebtedness for the
fiscal year from November 1st, 1880, to
Oct. 3lst, 1851; that Whites had al
ways been very prompt in making his
settlements. prior to that time. That
aeircular was issuedto Whites in 1882,
requiring him to make his settlement
with the Auditor, By the 9th OF April.
Mr.. J.. X. Nance, sworn, said that
he was County Auditor in 1882; that
the 7th OF Ap:ifwas set for settle
ment between himself and Whites !;
but that he did not see Whites after
the 9TH OF April, until in October.
Mr.. F. Werber, Jr., said he was Clerk
of the Board OF County Commission
ers during 1882. He gave a statement
of Whites Indebtedness to the Coun-
ty; said that the key to Treasurer's
safe was handed to the Commissioners
by Mr. o. L. Schlmpert; that they
opened the safe aud found in it only
35 cents.
Mr.. David Hipp said that he was a
bondsman OF Mr.. Whites. He first
missed him in April, 1882. He went
to Selma, Alabama, for him, and
brought him, back in August, 1882.
No testimony was offered for the
defense. This gave the defense the
right to open andclose the argument.
mo- inc. . w sro,,,nenf m in : sneeeh of nearly an
hour; hewas followed by the Solicitor;
Mr.. Pope closed for the defense. The
Solicitor and Mr.. Pope spoke about
thirty minntes each:
The attorneys for the ilefen dant re-
lied chiefiy upon two LEGAL technicali-
ties. not DENYING the facts charged in
the Indictment. They argued that Mr..
Wheelerwasnot alr. Whites successor,
because his appointment was never
confirmed by tine Senate. The indict-
ment alleged that Whites failed to turn
over the moneys TO his successor, in
thirty days ending with the first of
June, 1882. 1t was argued that as
Wheeler went into office. on the 4th OF
May, there were not thirty days from
that time till, the first of Jure, within
which the moneys could be turned over
to him.
The Indictment was drawn in June,
1882.
The Judge, in his charge, said, Il
deem it my duty to say to you, gentle
men, that all this talk about the past
services of the prisoner" (as a soldier
and Democrat), sshas nothing to do with
this case. You are to be governed by
for the State, when outside influences
are a!lo"eu 70 co'iie hito IouiI anu la
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