The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-08-27
J = 8 u 4 WEiNX ~ 70 q Yw.AY>

! mo petition states that:
| (a) "rho oironcc Of which Ncul
was convicted was a technical viola
ton OF tho law" In addition TO
saylng that all crimes undc, statutes
arc technical violations Of tho law, |
call attention to tho tcs tmony Of tho
dofondant boforo tt 0 ;o,nt inycstlca-
ting committee and upon his trial IN
| court i'll which ho confessed that ~
tho tlmo OF tho collection Of tho funds
III question ho mudo fulso statements
to tho book keeper rs to tho amounts
COLLECTED, stated that ho had expen-
dod the funds for his porsonal uso
Hnd finally, III contradiction Of thcsa
confessions, sworo or tho stand th,t
nc had properly accounted for thom
and this is referred to in tho petition
rs "full and frank statement"
(b) at formor torn OF court,
no was trind and acquitted Of breach
OF trust with Fraudulent intont as to
tho samo funds for which no wns in.
dlctch and convicted for not turning
| ovcr to his successor" | hayo be.
foro mo All Of thoso indictments in
tho cases. Tho indictments uron
which ho was acquitted, charged tho
fraudulent conversion Of only $2ll.
| Tho indictment undcr which no wa,
convicted charged tho fraudulont
! conversion Of only S2Il. Tho in
dlctmont undor which he was cor
victod charged tho failure to turn
over sums agHregating 81 ,5iI. SO
mat Tor thrco separate sums, ho has
| mover beon acquitted or cvon tried.
1horo i" still undisposod Of against
hIm III tho court Of general sessions
an Indictment fer broach Of true. for
tn" conversion Of $500, but inusmuch
as his humiliation and ropcntuuco
li cNpcCtcd ''tO redeem his lifo and
r"nata!o himself in tho good opinion
f his fellow citzcns." 1t woul Il
ptubNbly b" IN uniustiiablo cxpor-
dltnro Of public funds to press thin
prosecution nt tho next torn Of
court.
(r) "ThiH sum Of money WAS pald,
a0 horoinhoIoro atntol, pl.or to triEl
and with 10 idea of compromiso. y"
A" before stated, tho money WAS pa,l
only after the defendant had bccu
arrested and had given bail uud
thon by 'ho bonlsmon against whom
suit was throutcncd.
(U CAS- tho law has boon vindi-
Gated and tho amount found duo on
his bond paid* !: i" If this state.
mont is not intonded to imply thut
tho State has boon held harmless III
IuIl by this payment, then it doe"
moan that tho reimbursement OF tho
bondsmon should bo considered full
satisfaction before tho law for Ncal'u
mis.leods.
| (c} "Such being the statute and
tho facts showing that ho had not
turned it over within the thirty days,
the court could not charge other
wise than it did and tho jury could
not but find verdict of guilty.
Snroly his oxcolloncy could not SO
soon forgot that on tho motion for q
new trial before Judge Gary on
July lst, his honor was subjected 10
tho painful ordoal of having stated
before him ns grounds for new
trial: "BccanEo tic court refused
To charge III" jury in regard to tho
authority Of tho superintendent Of
tho penilentinry."
"Bocnnso the court falloll ard re-
fused to charge tho law az aoL forth
in Hoction 5ol :"
| "Bocauso your honor'a ruling dur
ing tho progrcs9 Of tho trial woro not
q far and impartial exposition Of tho
law and woro projudical TO tho con-
stituional rights Of tho dofondnnt."
| At Inst the amondu honorable has
boon made to his honor, Judge Gary,
anil the petition bears evidence to tho
impartiality Of tho judge and to the
performance Of duty by tho jury.
| Alas, Justice has como on loadon
wings, and rcparation's generosity
ia tinctured with suspicion OF ox-
| poGi ancy.
Among tho lottors, which his excel
loncy has been considorato enough to
give to the papers for publication
| 4 l. I