Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1901-07-03

battle, ana no lawyers COulQ nave ooiiC
better than did Messrs. Julius +. 6oggs
and P. H. Nelson. Mr.. Bellinger mad
the support of Solicitor Thurmond. Mr..
Nelson made capital argument Tor MS
client and presented the cause IN H.
strongest way. and insisted upon the
point that Colonel Neal swore tnat ne
had turned the money In question over
to the bank and that 1t had been prop
erly spent, and that the state had not
proven this to be incorrect. Attorney
General Bellinger was superb IN his or
atory and appeals. 1t takes man To
attack men, and facts and condltions
as he did today I'M bis argument. ne
flayed the defense land did not spare
Colonel Neal or his witnesses. Judge
Gary's charge to the jury Is presented
practically in full, so that the people
of the whole state may have a full con,
ception of the case, and the law ana
the grounds on which new trial VIII
be asked for. AS will be seen, Judge
Gary held that If Colonel Neal collect-
ed the money in question, and did not
expend it for legitimate penitentlaTy
purposes, and then failed to turn IL
over to his successor within ~ Gays,
that he was guilty under the stature
The payment to the bondsmen was not
a compliance with the statute and not
law excused two classes: Children ana
idiots or the insane. To plead insanl-
ty it must be shown that the party
could not distinguish between rignt
and wrong. If the party knew the dl1-
ference between right and wrong IN,
sanity was not a defense; but If he did
not know the difference between right
and wrong it was a complete defense:
When the verdict was brought In ana
read Mr.. Boggs moved for a new triai:
and it was decided that the motion VIII
be heard on Monday morning. IN the
meanwhile Colonel Neal Is under BOND
and was not deprived Of his liberty. IL
the new trial is not allowed 1t Is gener-
aIly thought that an appeal to the su-
preme court will be taken. 1t may De
noted that in the Assman case, which
Is the only other case Of conviction un-
der the same statute as Colonel Neal,
the offender was sentenced to three
months in the county Jail. A Columbia
special of Monday, to the GreenV1lle
News, gives additional developments as
follows: Judge Gary refused this morn=
ing to grant a new trial to Colonel Neal
who was convicted Saturday after
noon. and sentenced him to four
months Imprisonment in the county
Jail of Richland and to fine of $1,000.
Later Colonel Meals attorneys gave no
tice of an appeal to the supreme court
and his bond was fixed at. $4,000.
Though the motion for a new trial was
generally expected. there was not a
large audience in the court house this
morning. AS soon as Judge Gary took
his seat he announced that he was
ready to hear the motion for new
trial, notice having been previously
given that it would be made. Mr..
Boggs read the points why new trial
was asked for. Having refused the
new trial the judge proceeded to i'm
pose the sentence. Colonel Neal arose,
apparently the coolest man In the
house. In fact he was much more COM
posed than the Judge who was passing
sentence and whose voice was notice
ably tremulous. Have you anything
to say" asked Judge Gary, why you
should not be sentenced, the jury hav-
ing convicted you of failure to turn
over money to your successor In office
within 30 days after he had qualified?"
Col. Neal, with a glance downward
at his counsel, said, ."No, sir" Judge
Gary said: II derive no personal pleas
ure in being compelled to sentence you.
will not harrow your feelings by any
extended remarks on your conviction;
for I take it for granted that the con-
NlCllOH Is d "
you. The sentence of this court Is that
you pay a fine of $1,000 and be impris-
oned in the county Jail for four
months" The judge at first said, "at
hard labor" but quickly recalled his
words. saying simply confinement in
the county Jail. I will not conflne you
to hard labor or force upon you the
wearing of stripes. Colonel Neal sat
down; and althougn4he had maintained
I his equanimity up;4o the actual pass
seat 1t was evident that he felt keenly
the situation, notwithstanding he knew
an appeal would be taken and prob
ably had no doubt that he would be
able to raise the necessary bond. Mr..
Boggs gave notice Of an appeal to the
supreme court. Under the circumstan-
ces. bond Is allowable and after consul
tation the amount was fixed at $4,000.