The county record. [volume] (Kingstree, S.C.) 1885-1975, 1897-05-13

of March, 1897, one John T. CASTOR did
commit official misconduct by taking
and carrying away from the contrabsnd
room In the State Dispensary one pair
Of shoes, part box Of cigars and other
articles, the property Of the State, while
acting as State Commissioner, and in
the charge Of said room, and while in
the discharge of the duties of said office,
with the intent to defrsud the State Of
South Carolina, as fully set forth in the
affidavit hereto attached.
This affidavit is also made by Mr..
Williams before magistrate Smith, and
alleges:
That John T. CASTOR was required by
the State Board of Control to act as
State Commissioner in the State Dis
pensary, between the 25th day of
October, A. D. 1895, and the 10Th day
of April, A. D. 1897, in the place of F.
NJ. Nixon, who had resigned.
That on information and belief
be says that during the time he
was acting as State Commission
er, under the authority and dl-
rection of the State Board of Control,
the said John T. CASTOR, who was,
as such Commissioner, in charge OF the
room in the State dispensary in which
were placed for safe keeping all the
LIQUORS and other personal property
seized by the State Constables and for
feited to the State, or in process OF for
feiture, did, on or about the first day
of March, A. D. 1897, take and carry
away from the said room one pair OF
shoes and part of box OF cigars, the
property of the State of South Carolina,
and entrusted to his care and custody,
of the value of S1.25, with the intent to
defraud the State aforesaid, and to ap-
propriate the said property to his own
use, which was in gross violation OF his
duty as acting State Commissioners, to
tske care of the said articles, which had
been entrusted to his keeping by law.
to the great damage of the State OF
South Carolina
That on information and belief he
further says that the said John I: Gas.
ton, while dischargiug the duties OF
State Commissioner, by direction of the
State Board of Control, and while IN
charge of the said contraband room
aforesaid, did, on divers occnsions, be-
tween the 2sth day of October, A. y.
1895, and the 10Th day of April, a. ID.
1897, take from the said room shoes,
cigars, coffee and other articles OF per.
sonal property belonging to the State OF
South Carolina, of the value Of $50, with
intent to defraud the State and to ap-
propriate the said articles to his own
use, which was in gross violation OF his
duty as acting State Commissioner, TO
take care of said articles, which had
been entrusted to his keeping by law,
to the great damage Of the State OF
South Carolina
That all these acts were done in Rich
land county, in the State OF South
That S. W. Vance, Willie Jones, q. E.
Watts, L. J. Williams and O. A. Koon
are material witnesses to prove said
charges. L. J. WILLIAMS.
There has been much discussion as to
what charge should be brought against
the two men. Official misconduct un-
der the common law was finally agreed
upon. The punishment in such cases
rests with the discretion Of the Judge.
It evidently was the intention to bring
them if possible before the Court Of Ses-
sions, for should larceny have been
charged, it would have amounted to
only nominal fine. by Trial Justice.
It was knotty point all round to de,
eide what charge to make, for it
sometimes happens that crime may be
committed against which there is no
statutory prohibition. Mr.. Scruggs,
for instance couldn't be charged with
housebreaking nor with burglary.
Neither could he be charged with Off
cial misconduct under the statute be-
cause that only applies to county Off
cials. It is even doubtful whether IN
the higher court the charge will stand,
but then it's no use to cross bridge till
you come to it, and the court will have
to decide the question.
CASTOR says he will not bother so en-,
gage counsel, and Attorney-General
Barber says the case will be pushed to
the end. The next term Of the court
for Richland county meets in June.