The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-02-08


speeds its Way. Back 10 tho Start
ing Point.
Question as to the Legality OF the Jury.
IN tho onenlnp of the Court Thursday morn
ING February 2, 1855, Judge Norton CARED luz
ease OF the State against James l. ftanMd,n tsd,od
charged with forgery and uttering q 1orged
notes Messrs Benet & Cason appeared for the
defendant. Solicitor J. J.. Orr represented tne
State Present Stenosrapher Myatt hiKen a Ken,
nor. Sheriff j. f. c. DuPre. Stenographer q.
RsIythgoe, represented the Press and Banner
as Wbpen his Honor called the case of the
state against James T. Franklin, charged
with forgery and uttering forgea Pape,, e,,
Mr.. Benet objected to the array OF lurors on
the ground Of ilegality anu a1Trgtht that the
first lS names drawn should serve as granu
Jurors, and the next Sc as the petlI Jury :
which law he understood had not oeen COIL
piled with. With consent OF 1ne CouIs a wt tbe
pesses were put upon the stand TO prove tne
aitySiI' William Morrison, Jury Commissioner,
'TSfn q. You the Jury Commissioner Of Able:
vile county?
A. Yes sir. A., ,r-o-s for
O. Were you present when the Jurors LOT
'A Yes, sir ;Iwas. ,,-
@. In drawing the names out OF tne .o,, o1a \
vas not the custom on that occasion TO TAX
the names out of the box and discuss them ?
A, think the first IS names drawn were
taken ms the grand jury, but am not certain.
Q. Mr.. Benet: Is II n9t iSn;sS SnaS; ta' ite 'ne'
would draw out q name ana discuss Hf
9. We're We ca any objected to-
4. Idon't think that rs there was.
9. But they discuss them7.
Q. And you are not positive that they
'0aa a. Nv viii iii not be positive, but think so.
O.. You do?
A. Yes, sir. -. ..,.
o. Is il the custom to try and get them
from all oyer the SSsntyd' to the his stating
Bv the Court: 1 don't think the question Is
relevant to the issue; the QnesIlon dor as "
how this drawing was conouc'e'' ID 1 DN''
Mr.. Benet: @. Didn't they try on this oc
casion to get grand jurors from various Parts
Of the county?
A. I don't think so.
O.. You are not very sure?
A. l think that is the way OF i. ,.,,
@. Were not some OF the grano jurors iaiu
aside when they were drawn?
A. don't think So .o
O. Didn't you say so this morning.
A. No, sir, said was not certaan, pnt nht any ~
object to whom they please. .,u.
8. That's q matter Of opinion; was there
objection to any one on this occaslonT
A. don't think so.
Cross Examined by Solicitors:
@. AS understand you the Is men VINO are
now serving as grand jurors, were the nrSt 10
names that were drawn 1rom tne ooA "nen
the Jury was drawn?
O. You are certain of that?
The witness made no reply to this 9 9usestion o e
Capt. G. NJ. Mattison was called, out u was
stated he had left for home.
Mr.. Benet then withdrew his objection.
The drawing OF the Jury was next in order.
When the panel was complete IL stood as lol-
lows:
III Mccqls; ALBANIAN ~ y;F 6 cl5nKsehleS' kIds' 54
g. F. Burdett, ]. F. Lomax,
Henry Baughmau, Joseph Lake,
Robert Smith, J. r. Leavell,
Green Callahan, Jr, col.
The Jury having been sworn, the case,
State vs.. jas. T. Franklin, forgery, &c, pro-
eeeded.
Upon his arraignment, the prisoner pleaded
not guilty.
President of the Bank on Witness
Stand.
Major A. B. Wardlaw, sworn: Direct ex-
Question Mr.. Wardlaw, what position do
you hold in the village here?
Answer. President of the National Bank OF
@. That a corporation, doing business un-
der the laws of the United States?
9. Did Did you Sti see the defendant at any time
A. / did, sir.
@. When was thatc
A. Latter part of February last year.
Q. Well, sir, what business did you have
with him:
A. He came to see me with reference to
discounting a note-which-for l,3Q0. which
was signed by j. +. Wideman, A. Il. Kennedy
and r. J. Robinson. (shows witness the
note:)
Q. Is that it?
A. That is the note that he presented.
@. Please go ahead. and state to the Court
and jury what took place?
A. A gentleman came into the bank and
asked to see me, and took him into my pri-
waite room, and had a conversation with him /;
he said he ives the son of Mrs. Jane c. Will
liams, W no lived near Troy. and had a note,
which he presented to me, OF 81 800 which he
wanted to discount; l looked ut the note, and
being somewhat familiar with these gentle
mems signatures, and regarded 1t as q genuine
note, but told him it was irregular in form,
that wouldn't discount that note, but that
would be willing If it met with the approval
of some Of the Directors, to discount the
note for smaller amount and have this note
as collateral for the note OF 81 900; we had O
great deal of conversation about the matter
and expressed to him some surprise about
having note so large on these three men he
said that his mother had been accumating
ing house that Captain Robinson knew she
had some money and came TO her and asked
her for the money, as they needed the money
in winding up the business of j. F. Wideman
& Co., that Robertson had made the arrange
ment to get the money and that he would also
sign the note; ! went out and showed the
note to two gentlemen who were interested in
the bank and both thought 1t good business
transaction then told him would discount
the note for 81 900.
Solicitor Shows witness the note0
@. That the note prepared for him?
A. Yes, SIR made out this note for him.
The State put in evidence note, marked:
(Erhi6I A.
The BEGINNING of the WrOng-.-The
Forged Note which was Deposited
as Collateral in the Bunk.
$4,000 One day after date or Either Of us
promist to pay Mrs. Jane G. Williams or bearer the
sum OF thirteen hundred dollars for value received
with Interest from date at ten Ter cent this the day
q January 81 WittUess our nand and seal
=. +. WirE%AN IL. -
4. i. Ei:N:ErY
= l,aEINS.S