The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-07-09
PHNsIoN FRAUD CASE.
1ndictmenf Against Four coneton
Men Quashed--The Case was
Well Known.

lannon's Densio in fraud case OF Cole
ton comfy was called for trial. This
case has attracted considerable atten-
tion and much interest has been SHOWN
in the conclusion. 1t was generally
known that it would be called tor
trial. and in consequence the cours
room was crowded. The decision Oh
the court dismissing the case seems TO
meet with commentator on the
Ground that the state, through its leg,
el)v constituted officers, had agreed
nnon 2 settlement, and had, there
fore, no right to again bring an III
-dic+ment against the defendants:
A short history of the case Will not
he nninteresting. The defendants
were G. J. Warn, Henry J. DuBois'
w Timer and P. NJ. Warn, and the
7ndietment alleges that in January
1901, they conspired together to o.
+s;n from E. R. McTeer, then clerk
of court. sum Of money from the
nans;on fund Of the county, through
foroarv and false pretensions' th&l
5s, forging the names Of persons no. no..
1;y;ne and obtaining pensions ior
+bems They succeeded in oota,nlns :nn ee
IN this manner the sum OF 7o'oJi t:ii
Tb;s ~ fraud was not discovered I'LL
4ln hn,1 e,rlv part of the year 1905: when
Capt. Ca H. D. Padgett, who had l., SUI. af
~ay', eaadsa Clerk of Court McTeer IN no. o.
fise. was paying out the pension e,!1 1asc. mo-
for f1ce, that Year. He reported tins :;ta,. iass
10 n3' the sa ALLEGED fraud to the so5lelt0r i'9r
s+ e. Julien Jervey, who preterreo 0llls 10
>of indictment at the July !s !srm ,a- VI
o. c,.t n40i IN 1908. The grand jury re-
Etr,,5ea true bills against the oe'snu- nu
ants named above. The case Is W. was 7oo5 cCt5
ANS ID aa, at the fall term Of Court d9vo, =,
u, e,neee aeeonnt Of the illness Of one OIL 'ne
oStv At the spring term Of Court, 1906, t} =
-, ~ sol;e;+or received letter from 'ne
sn,,ntv snu board Of pensioners requesI. s,,
Sna s1 him TO enter nolle prosequ'' lo5
t 4ns Iin raason that the defendants nao
o;a on; bsck the full sum Of s423.6S' and and
thst p thew believed it would be LOT 'I1 an
taat tnat :.ts Interests of the county and all
ooncerned oene if the solicitor would a3 con-, M
cont to nolle PROSE- the ease' lnlS n'
agreed to do. ,,us later
handed in presentment that was ". >
nn;ta nn Sensational. They presented the tn
qe1;o;tor eIi|S and every member OF the
eountv board of pensions tor agree
;ns Ho to settle this case, and re:pies-
anted every defendant. The somc''ot .
Ala not make out any new olllS a'
that time. ,
Subsequently to this the eomplrol, ~.
IT,, aonora] called Solicitor Jervey TO
ra,,5mh;a ~ and. by his advice, the SOIL
o;tor aoain in June, 1906. handed 1ne
orood inrv new indictments ana they
z.at,,rned true bills. At the tau ter"
+ho case was again continued on ac-
oourt Of the illness Of one OF counsel
NJ court was held in March tins year;
ow;no to defect in the drawing o.
the jury.
When the case Was called this morn
;nc Mr. Y. B. Grnber, Of counsel 1ot
the defence, made motion 10 qua;4
the the ind;ctment on the ground that 1t
as no. not specific enough in detail:
JUDGE Gary held that the lnoie.-
mont was sufficient enough, charging
General conspiracy, fradulently TO o0-
tain public funds.
~ Tbe defendants were then arralsn-
cd and G. J. Warn pleaded not gull's'
and counsel for defendants entered d
special plea in bar, setting ou' sns o
facts Of The compromise agreement oe-
= tween the county board Of pensioners: N. s.
+,e solicitor and the defendants. Inc!
aroued that the state, throught It's les
ally constituted officers. had 5eeeptes p. "a
the rasmant Of this money, ano 'n@t
t;,o ease. because %; :hl> agreeme'
ha1 m been mol pc 81. H3 thai
wonld u, ce acting in bad fai+k 70 agala
brinr suit, after the defen' ANTS naa Ia Il
'am,,,;pI o with the re nrcmeats Of the
staze as expressed +h:"a4h its Legally IL;
constituted; officers. This Plea "'.n WIN
some changes agreed to by the c0unsel
:nr hotr sides. was .,rg':'d by M''
n-1>a,. aud Solicitor Jervev, who