The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-01

there was no instance Of forgery Of
this sort tried under the common law.
The statute had been passed in ex-
tension OF the common law and had
repealed the common law, and this
indictment was brought under the
statute.
Judge Prince had evidently been
impressed by the arguments of
Messrs. Bellingcr and Welch. He ov-
erruled the point raised by Mr.. Craw-
ford but said that there was evident
ly some doubt about the other, and
while he was in doubt he was not
called on to give the benefit Of any
doubt in regard to Il legal point, and
he would, therefore, overrule the de-
murrer, as it is point which the su-
preme court should pass on. He de-
clared that if the legislature had fail
ed to protect the state in this statute
it should know that fact and the su-
prcme court could give an authorita-
tive opinion on that subject.
Mr. Zimmerman was then placed
in the dock and the Indictment read
to him. Prompted by Mr.. Bellingcr
he pleaded "guiIty as chargcd' and
the plea was so entered.
Two Charges Nolle Pressed.
| When court rcconvencd this after
noon, Mr.. Thurmond, for the prose
culion. announced that they would
take up one of The other eases in which
Gibson and Zimmerman were charged
with larceny, breach of trust and re-
ccivin| stolen goods. He then stated
that the first two charges would be
nollc pressed as to Zimmerman, and
they would 90 to trial only on the
| charge against Mr.. Gibson of receiv-
ing stolen goods. This was the see
"nd surprise Of the day. The charge
of receiving stolen goods, knowing
them 10 be stolen, is merely a mislc-
mran"r, and therefore. ii did not take
Ion" I" secure jury. Mr.. Thomas
). Bryan. the head of II. l.. Bryan
company was appointed foreman, and
the jury is considered Il very good
one.
Thc first witness for the prosccu-
tion WAS Capt. Il. II. Jennings, state
treasurer. lie stated that he became
state treasurer in 1901. and when he
entered the "irr Zimmerman was
bond clerk and bookkccpr. having
served under the previous admins
trationS of TrcaSurcrS Zimmerman
and Bates. Zimmerman remained in
ellie" only one year of the Jennings
administration. Capt. Jennings was
asked on rroSS-cNaminatinn if he had
not considered Zimmerman a man of
high character and worthy of conf
dcnrc. and he replied that he had so
considered him. The purpose of this
question WAS to show that in any
transaction Gibson would have been
justified in prcsuming that Zimmer-
man $ conduct was correct.
Capt. Jennings testified that the
loss oi the honds was not discovered
until 1908, Though it turned out that
some of them had been missing for
several years.
How Investigation Started.
The next witness was Judge j. Full
Ter Lyon, who succeeded Zimmerman
as bond clerk in january. 1902, and
| still holds that position. He produc-
| ed the bond book and other records
| # hn a Of
which he gave detailed testimony as
! to the manner of keeping the records
and the discovery of the loss. In
| October, 1908, some bonds were in
quired about from Charleston and an
investigation was then set on foot,
when it was discovered that there was
something wrong. The matter had
been reported at once to Comptroller
General Jones, under whose direction
the investigation was made. The in
vcSli2ation went back to the time of
the rcfumding of the state debt in
1893, and it was found that mall, 10
Bends were missing. six of these be-
ing of IL 900 denomination each, and
ihlricrn Of $500 each, making total
- ~ ihc state Of fl2,500. The
books showed that in February, 1895,
bonds Nos. 7ll and 7.l5 had been pre-
scnlcd for cancellation. In May,
1901, bonds Nos. go and 1,445 were
p'rSrntcl, but on the books il show
cd that Nos. 744 and 7l5 had been
presented again for cancellation at
lhnI finn ,nnS1 innnN ihnc l,rnl mod