The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-08-29
BURLINGTON RELEASED.
arrested for Emitting a Forged IN
ssraasent-Charges Could Not Hold
+ ON the Daily Item August %.

oul the Daily Item August 23.
Frank P. Burlington, of Des Moine,
iowa who was arrested a month ago
hy the police officers Of the city for
aassing forged "bank notes in the
se.n. Of 1scs;pts OF ( oailding aud
aoan association OF Columbia, S. c.,
which bore a strong resemblance to
xhe cuirs..e... of the G,atet States gov
@cnneat, was yesterday released and
discharged by Recorder Hurst.
3 asaRinstcn, it win he remembered,
hSaa a roll of this so-called bogus
money and gave to Sam Wither-
spoon, colored hackFman. a 81 bill
Cor services, and received $3.50 in sill
5Ser coin as change. On this charge
he was arrested. given preliminary
bearing and committed to jail to
await trial at the next term of the
Ceart Of General Sessions. From the
haxinning Recorder Hurst was doubt
gul as to MS authority to send the
case. under the facts and circum-
stances as were adduced at the trial,
90 the upper court, and during the
seriod Of Bufngton's commitment he
diEgentN examined the State law and
She State reports for authorities on
che question.
In an early decision it was decided
81 case where an instrument pur-
porting upon It's face to be a State
bank note, and the person passing
ehe same was held for the otfense
ehat Burlington was indicted for that
xh@ bank note could could not be
construed to be forged instrument,
ssasomuch as the name Of ore of the
commissioners of the bank was omit
ged. whereas the original bank note
aaa upon its face the names OF all
shrea commissioners. In other words,
Co constitute the crime of emitting a
forced instrument the bogus instru-
s,aent must be fac smile of the orig
snal. The note Burlington passed
lacked the signatures and did not
purpert to represent our currency.
FINDING out this rule haa been
strictly adhered to- throughout the de-
cisiens of the State Supreme Court,
Recor6er Hurst was Of necessity COM
pened to change the characters OF. the
poHense charged to obtaining money
under false pretenses, and as the
amount Of money so obtained was on
G s1,5e, the case was exclusively
Ss..ssa...n his jurisdiction, and upon the
defendants remaining in jail for 80
days the maximum punishment that
a magistrate can impose, the prisoner
was dismissed.
Burlington is no criminal. He is
man of fine appearance, excellent ad-
dress and good education. He looks
She gentleman. The life that he has
been leading, has brought upon hin
this trouble: but he is deeply repent
ant and says that it will be the max
Sag oa him and that he intends to re-
turn to his family and lead a proper
sslse. Il, si4|aa.
Mayor Boyle received very touch
sug appeal from Bufington's father
who is SO years Of age and the father
OF eleven children. He is now auditor
ct the county in which he lives and
has Geld ehat position of honor and
crust for q number of years. Buff
angton's brother is prominent busi-
aess man Of Omaha, Nebraska.
No one will doubt the wisdom of
Recorder Hurst in his action in this
mater; he has made. a new life that
lalgnt otherwise have been forever
saartea 1and it is the opinion of the
writer that he has. given back to the
country a man who will hereafter
arove worthy citizen.