Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1902-08-02
MIsTRIAL IN THE NEELY CASE.

most successful that has yet been held.
MISTRIAL IN THE NEELY CASE.
While there is no doubt Of the fact
that Mr.. John G. Nicely told some Won
derful stories while soliciting member
ship in the alleged United Mutual Life
Insurance company, 1t is beginning to
look as If those who would prosecute
him for obtaining money under false
pretenses with fraudulent intent, are
going to have not little trouble prov
ing their case under the law.
The case in which Mr.. w. L. Hogue
is prosecutor, and which was being
tried when the last issue Of The En-
oU1RER went to press, took up practi-
cally all Of Tuesday afternoon. This
case, as already stated, was before
Magistrate S. N. Johnson, Of Bethel
township. ]. S. Brice, Esq, appeared
as prosecuting attorney, and Major ].
F. Hart and F. P. Mccain, Esq, rep
resented the defendant. The defend
ants attorneys devoted themselves
principally to holding the evidence
sought to be introduced down to strict
relevancy, and they made the situation
lutte interesting.
Mr.. Hogue, the prosecutor, testified
that he had bought an insurance pol
icy from the defendant, on the defen-
dant's representation that the payment
Of the policy was secured by New
York company that had capital to the
amount Of s13,0O0,0OO; that as holder
Of the policy, the defendant was to be-
come member Of branch local or
ganization Of which w. Brown Wylie
was president and H. A. D. Nicely was
secretary; that defendant claimed the
local organization had $1,000 to its cred
it in the Loan and Savings Bank at
Yorkville, at that time available for the
payment Of such death losses as might
occur before the local membership be-
came strong enough to pay its own
losses by assessment. Defendant also
represented that Mr.. w. o. Young
blood, a neighbor in whom the prose-
cutor had confidence, was director Of
the local company. On account Of these
representations, the prosecutor stated
that he had been induced to part with
the sum Of $13 for an alleged insur-
ance policy for $1,000, signed by Geo.
R. Oulights," as president, and Seth
]. Bramley" as secretary, and which
signature he believed to have been af-
fixed by the defendant himself. He
admitted, however, that he had as
much confidence in Mr.. w. H. Hern-
don, whom he afterward learned was
secretary, as he had in Mr.. H. A. D.
NeeIy,; and would have taken the poll
cy as quickly on account Of his conf
dence in Mr.. Herndon, as on account
Of his confidence in Mr.. H. A. D. Nicely.
Mr.. w. Brown Wylie testified that
he had never had any connection with
the alleged company; that he had been
solicited to- join it by the defendant on
the allegation of strong backing in New
York, and had offered to take policy
on being furnished with satisfactory
evidence Of this backing; but as this
evidence was not furnished had not
taken the policy. Mr.. w. o. Young
blood also testified that he had never
been connected with the company as
director; but that he had become
member on representations similar to
those that had been made to Mr..
Hogue. The defense admitted that H.
A. D. Nicely had never been connected
with the company as treasurer, and 1t
was shown by the prosecution that the
largest amount Of money In the bank
to the credit Of the defendants al
legged company, previous to the time of
the insurance Of Mr.. Hogue's policy,
was $12, and also that the printing OF
the alleged company was not done In
New York but in Yorkville.
Sheriff Logan testified that during the
period Of the defendants Incarceration,
he had mailed for him letter address,
ed to Seth J. Bramley, New York city.
and that the letter had been returned
in due course Of time with stamps in
dicating that the party addressed could
not be found in the city.
w. w. Lewis, ESQ.,, was put on the
stand to testify that he had written to
Mayor Low, Of New York, inquiring for
information about Seth ]. Barmley and
Geo. r. Oulights, and that he had re-
ceived. an answer in which Mayor Low
had said that dilligent search had been
made for the parties named; but that
they were not to be found In the city.
Defendants counsel objected to this tes-
timony on the ground Of incompetency
nothing that Mayor Low might write
could be taken as evidence against the
defendant; that Mayor Low could be
witness only by coming to Yorkville to
testify in person. Magistrate Johnson
sustained the objection.
Prosecution also sought to introduce
certificate from the secretary Of state
showing that the United Mutual Life
Insurance company had never been in
corporated. This certificate was also
objected to. Defendants counsel ad-
mitted that the great seal Of the state
was to be accepted as evidence in civil
cases, but held that it could not be ac-
cepted in a criminal action. Magis-
trate Johnson ruled that he would be
glad to admit the certificate If Mr.. Brice
could show him law for it; but other
wise he would have to rule it out. Mr.
Brice was unable to show the law.
The defense did not introduce any
testimony; but contended that the pros
ecution had failed to make out its
case in that it had been unable to show
in the first place that the defendant had
obtained any money wrongfully, or that