The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1901-07-03
NEAL CONVICTED.
Sentence, Four Months in Jail and Pay
Fine Of $1,000.

COLUMBIA, S. c., June 27.-The case
against Col. VIM. A. Neal, former su-
perintendent of the penitentiary,
charged with the statutory ofEenso o4
falling to turn over the funds collected
by him within thirty days. was called
to-day and went to trial.
Bench warrants were issued for
Messrs. w. Q. Hammond and ]. s..
Fowler. They had both been in court
this morning when the case was fixed
Tor the hearing this afternoon, but at 4
o'clock they were not in court and
when they were wanted they had not
yet come in. This delayed the pro-
ceedings and nothing was done until
they could be sent for. Mr.. Fowler
was found at his hotel but Mr.. HAM
enond was not. Mr.. Fowler stated that
he meant no contempt; that he had
travelled pretty much all night and
that to-day be had been taken with a
severe case of indigestion and was
quite sick and very nervous ut the time
he came into court and was in bed suf-
fering when sent for. Judge Gary
fined him $40. Mr.. Fowler said that
he did not mind the fine but he was
really sick, very sick, and wished to-
show it to the court by witnesses.
Judge Gary stated that he would hear
argument on that in the morning if Mr..
Fowler 80 desired.
Mr.. Fowler was put on the stand and
testified for a while and asked the
Judge to excuse him as he was feeling
very unwell and he was excused and
the court adjourned for the day.
The evident drift of the defense
seemed to be, as gathered from the lit
tie that has been heard, TINT Col. Neal
will admit having received the $500
from Fowler in 1895 and other items
alleged but that he turned the money
over as soon as he had the exact
amount of his indebtedness establish
ed and that he had no fraudulent in
tention. The State will argue that the
element of intention does not enter ut
all into the offense charged and that
simple failure to turn over the funds
makes the offenee. The defense will
urge that Colonel Neal got the ac-
connts mixed and as soon rs he knew
how much he owed he made payment
OF $4,000, the amount claimed to be
due.
Attorney General Belllnger is repre-
senting the State in the main and is
assisted by Solicitor Thurmond. MT.
Bellinger has his case excellently in
hand. The defence is represented by
Solicitor julius E. Boggs and to- day
the name of Col. P. H. Nelson was en-
tered as counsel for the defense in adj
dltion. There was no trouble what
ever experienced in making up the
jury.
COLUMBIA, June 2s.-The trial Of
Col. Wa. Neal occupied the time of
the Court of General Sessions of Rich
Land County the whole Of to-day. The
Closing arguments will be heard to-
morrow. The case was begun rather
Thursday afternoon, but
there was C considerable show of spirit
thrown into it to-day. The defense
put up plea that Neal was addicted
to the excessive use of morphine. Two
OF the principal witnesses for the State
were absent Thursday afternoon. One
of them was brought in on q bench
warrant. The other didn't show up at
all. Mr.. j. S. Fowler, the one who
was brought into court, appeared to-
Day and en- an affidavit to the effect
that ne had been unweii Thursday
afternoon, Judge Gary RENTED his
line of $40.
w. Q. Hammond, another Anderson
County convict worker, also came into
court yesterday morning. When ask
ed why he didn't appear in court
Thursday he replied naively:
"Well, your honor, just he'd little
too much beer"
The judge remarked that that beer
would cost him $40. Hammond gave q |
check on an Anderson bank.
The court then resumed trial of w.
A. Neal on the charge of failing to turn
over funds to his successor within 80 |
lays after the latter had qualified.
Tho moneys named in the Indictment |
we're payments for convict hire made |
20 Neal as superintendent by the fol-
owing parties on the dates named.
J. S. Fowler, $500, Dec. 0, 1895; w.
}. Hammond, Nov. 90, 1895; j. S. Fow-
er, sS44, not credited out of payment
If $500 made Feb. "a, 1897; w. Q.
hammond, $500, out of n payment Of |
sS5G.17 made Feb. "a. 1907.
The two Anderson farmers who paid
;heae amounts were here and testified
hat in the 1905 cases the two payments
VI $500 each were made to Neal for
convict hire for the year ahead-in or
ler that Neal might make a fine show
ng to the Legislature. The State also
,nt in evidence the record of the in
1estigating committee, and Mr.. w. F.