The county record. [volume] (Kingstree, S.C.) 1885-1975, 1901-07-11
EA'Supefi1tendent the Of Penitentiary
Fined $1,000
AND FOUR MONTHS IMPRISONMENT
On the Charge of Failure to Turn
Over Public Funds 20 His Successor
An Appeal Taken.

AOi a AS" Il tdI Ill the .dllef remark
able case against the former supe:in-
tendent Of the State pen!ten;ialy.
Have you anything 10 say why you
Should not be sentenced the jury hav-
ing convicted you OF failure 10 trun
over money 10 your successor in Office
within 90 days after h had Qualifei?"
The prisoner al the bar with superb
self control turned TO his atto:n Us.
Mr.. BogGs ShooH his head. Nothing" >"
replied Col. Neal to the question Gf the
court.
a hush fell upon the court rocm
There was pity in the hearts of many
for tko man who deserted ii is sad
by many whom he has bafriended. has
suffered the reproach of many for the
past three years. had just been con-
viCtcd by jury of his countrymen and
was now standing IN the presence OF
the court awaiting condemnation upon
the least of the charges preferred
against him.
Judge Gary, with a touch o. emotion
in his voice, proceeded 10 pronounce the
sentence. which is tina; Col. Neal shall
poy fine Of 1000 and be Con5nad n
pay fine Of $1,000 and be confined n
He will not be required TO work o. 70
wear stripes. Judge Gary said:
81 do not propose TO harrow your
feelings by expressing any views may
entertain with reference to this case.
| simply desire to STATE. however, that
l derive 10 personal pleasure IN pass
ing the sentence Of the law upon you.
! take il the conviction itself will be
sufficient admission TO you; therefore,
| will c2rtent myself with simply pass
ing what conceive to be the penalty
warranted by that verdict. The s5n-
tence of the court is that you pay ths
sum of $1,000 and be confined to the
county Jail of Richland for the period
of four months Il will not go TO the
extent Of confning you to labor or even
to wearing stripes. | simply content
mysel; 10 sentence you to the county
Jail taking that to be sufficient re-
quiremont under the law as conceive
it. Take your seat"
Soon after the sentence was pro-
nounced the attorneys for Col. Neal
gave notice Of an appeal to the supreme
court. and asked for Col. Neal to be re-
leased on $4,000 bond pending the ac-
ton of the higher court. This was
granted.
There was not much furry or bus
ter or speechmaking on the motion for
a new trial. But the reasons assigned
by the counsel for Col. Neal are very
caustic. charging unfairness and par
tiality on the part Of the judge pre-
siding. Judge Gary declined to notice
this charge against him. but remarked
that he was willing for his charge to
the Jury to be his only defense. He is
willing for tie supreme court 20 decide
the issue.
When the court opened, Mr.. Julius E.
Boggs of Col. Meals counsel, presented
the written statement Of the grounds
on which an appeal for new trial w-3
made. Judge Gary asked if he had
anything further to say. Mr.. Boggs de-
c.ared that he had no remarks 10 make.
Mr.. Duncan Bellinger. attorney gen
eral, also waived discussion.
The paper which was signed by Ju-
lius E. Boggs and P. H. Nelson, de-
fendant's counsel, reads as follows:
The defendant m1ves for new trial
on the following grounds:
/. Because the court allowed evidence
as to the amount of money for which
the Carolina National bank had sued
the State.
.. Because the States attorneys
made argument on said evident test:-
mony which was liable to Dredjudice
the minds of the jury against the de-
fcndant
3. Because incompetent and irrele-
want testimony in regard to certain
rent for stables paid by the board OF
directors of the penitenttary was a!-
lowed TO be received against the de-
fendant.
4. Because the court refused to
charge the jury in regard to the au-
thority Of the superintendent OF the
penitentiary to pay out convict hire on
the running expenses OF the institu-
ton.
:. Because the court failed and re-
fused TO charge the law as set forth IN
section 551. 10 wit: That the superin-
tandeat OF the penitentiary IS ID re-
ceivc ana pay out all moneys granted
by the general assembly or in any
Other way accruing for the support Of
the prison and carrying on the work.
Said section among others having been
called TO the attention Of the court
by cne of the attorneys for the de-
ferdaEt at the commencement of his
argument IS the law applicable to the
case. and upon the courts failing to
charge the jury in reference thereto,
the court at the conclusion Of the
charge but before the jury retired was
again requested so to charge, which
said request was utterly ignored, one
OF the defenses being that the moneys
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