The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-07-02
COL. NEEL'S DRUG.
QUESTION RAISED AS TO HIS USE OF
MORPHINE
Case Gets Warm-Defense Making tho
Fight that IIe Acted Within tho Spirit
OF tho Imw-Boggs In Doing
Brilliant Work
Especial to Greonville Nows. |

|
oped an unexpected phase. Mr..
Thurmond in his argument insisted
that it WAS only efter tho defense
had been driven from every position
that it occupied the plea Of irrespon-
sibility brought on by the EXCESSIVE
and continued use of morphine by
Col. Noal.
There wero surprises all along the
line.
BE it remembered that the indict-
mont in this case is simply for col
lecting aud failing to turn over to
his successor public funds within
thirty days. That is the simple
meaning of the statute and it gave
Col. Nelson and Mr.. julius e. Boggs
decidedly up hill work all along t Q
line with their Cause and the harder
they tugged the moro blocks Attor-
ney General Bellinger would put in
their way. Backed up by Solicitor
Thurmond, Attorney General Bellin-
ger and Mr.. Nelson did the entire
field work and their associates thus
far have done the talking and advis-
ing.
The defonso tried several times to
emphasize Col. Meals purpose and
how he did finally pay over the
$1,000 to bondsmen d while the
facts were brought out in driblets
that he made good the amount to his
bondsmen Judge Gary repeatedly
held whom the test came that whether
he paid his bondsmen or not, wheth-
or he put the money in bank or not
the statutory offence was whether he
turned the money over to his sue
cessor within thirty days.
There are other matters that might
be suggested to be mitigating cir
cumstances, but the statute and the
decision made the issne hinge on two
points: First, did not ho receive the
money and second, if not expended
for the purpose Of the penitentiary
was it turned over to his successor
within thirty days rs required. At.
torney General Bellinger time and
time again held the evidence within
the line as far as he said he thought
fair to all parties.
Today Col. Neal testified that the
Fowler and Hammond moneys we're
spent for expenses aud the balance
turned into the Carolina National
bank for the penitentiary expenses
despite previous admission before
the committee that he had kept this
money himself. Mr.. Boggs said it
was forced out by committee Of
five astute lawyers and from poor
irresponsible man.
Although Mr.. Bellinger insisted
that it was excessively curious that
Col. Neal should have admitted to
the warrants and finally pay his
bondsmen these very items and Col.
Neal said in reply he was bent upon
doing the right thing and was will
ing and anxious to pay any and, all
amounts fixed by tho Investigating
committee and as soon rs he learned
the amount due had como up and
paid it to his bondsmen. Tho de-
fense argued that Col. Neal obeyed
the spirit~:f not the letter of the law.
If he did not pay 1t within thirty
days it was not his fault but that of
tho legislature which appointed the
Investigating committee for Col. Neal
could as we'll have paid the $4,000
in April as in October and the spirit
was shown in this way.
Solicitor Boggs, for the defense,
really grew eloquent and magnif-
cent in his appeal for "the poor, un.
fortunate but honest man," whom
he said the State was prosecuting.
That COL Neal was honest he insisted
for had he not been he would have
never paid the money and tried tc
pay it as he did.
1t was really superb fight all
along the line today. True, it is now
largely technical struggle, but it is
being we'll done and it is interesting
to note how counsel work things in
and out 1t is to be remembered
that intent is not an clement in the
! statutory offense charged and while