The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-04-06
JURY PRESENTS
PENSION BOARD
LATEST SENSATION IN COLLIE
TON PENSION FRAUD CASES
The Solicitor Criticised-Grand Jury
Insists Upon Trial Of All Persons
Charged With Illegally OBJ
tanning Pensions.
The State.

The State.
Walterboro, March 2S.-The granc
jury sprung another sensation il
court this morning when their pre-
sentiment was read. They were moi
satisfied with the course taken by the
county board Of pensions and the So
icitor in the pension fraud cases
against C. W. Ulmer, P. NJ. Warn, G.
J. Warn, Henry Dubois, alias J, Du-
bois, alias A. B. Warn, so they handed
in the following presentment:
''The grand jury we're astounded
when information reached th&m that
certain cases, known as pension fraud
cases, were mol pressed by the solic-
itor, but they are aware that such ac-
ton is in the discretion Of the prose-
cutting officer and that they cannot in
terfere with such discretion. He has,
however, given his reasons therefor
as embodied in the letter from G. G..
Henderson, Stobo R. Perry, B. G..
Benton, J. T. Polk and W. B. Acker-
man, NJ. D. The grand jury are un-
able to find from such letter that the
parties signing the same had any
good reason for their action, which
amounts to malfeasance in Office.
They, therefore, present the above
named parties as members Of the
county board Of pensions for Collie
ton county, who signed such letter,
for malfeasance in Office and name
James E. Peurifoy, H. D. Padgett and
L. G.. Owens as material witnesses to
prove the same. Until a conviction of
the original parties accused OF a
crime they cannot be presented for
compounding a felony. They present
C. W. Ulmer, H. M. Warn, G. J. Warn,
Henry Dubois, alias J. Dubois, alias
A. B. Warn, for fraudulent misappro-
priation Of funds and forgery as al
legged in the indictments now OF rec
ord in this court and mol pressed.
And name as witnesses those named
on back of said indictments and ear
nestly urge that new indictments be
prepared against them. They regret
that they have no legal grounds upon
which to present the solicitor, but as
they see that he needs assistance to
present the cases above re-
ferred to they requst the court that it
may authorize the employment Of
some counsel learned in the law to aid |
him.
(Signed) ~. B. Dodd, Foreman.
At the conclusion Of the reading Of |
this presentment, Judge Dantzler
took occasion to compliment Solicitor
Jervey on his ability and record as a
lawyer and solicitor, and to say that
it was not in his province to appoint
an assistant to the solicitor, but that
he felt Mr.. Jervey would do his full
duty in the cases referred to.
Solicitor Jervey also stated to the
court that he had no apology to make
for his action in the case; that the IN
1ictment was brought by the county
BOARD Of pensions and he fully in
tended the cases to come up at this
term Of court until he received the
communication from the said board,
and on their request he mol pressed
:hese cases. Public sentiment is
against the action taken by the coun-
" board and the solicitor, and ap-
proves the action taken by the grand
ury.
The Boards Letter.
The communication from the pen
ion board, which was read in court
Monday and on which the solicitor
,ased his action, is as follows:
"The State VS.. C. W. Ulmer, P. NJ.
Yarn, G. J. Warn, Henry Dubois, alias
\. J. Dubois, alias A. B. Warn, for
onspiracy:
"Walterboro, March 7, 1906. {
The Hon. W. St. Julian Jervey. So {
licitor Ninth Circuit. +
"Our Dear Sir: We have already ,
equested Of you that all indictments I
gainst G.. J. Warn (No. 8 in above !